Go Baja Riding Tours Terms and Conditions
Welcome to the Go Baja Riding Tours website. Below you will find the terms and conditions that you must accept in order to use this website and our related services. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this website, you are automatically agreeing to the terms and conditions as described below. If you disagree with any part of these terms and conditions, you must not use this site or use any of our services related to this site.
1.1. All prices for the services provided by Go Baja Riding Tours and its sub-brands are in United States dollars (USD). Go Baja Riding Tours cannot be responsible for currency fluctuations and or additional fees outside its control that may be applied such as bank transfer fees, credit card fees etc.
1.2. All prices shown on our website are based on current prices. Go Baja Riding Tours reserves the right to alter or change already published prices on the website without prior notice in the event of currency fluctuation, government taxes, or any such cost increases that are outside Go Baja Riding Tours control.
1.3. All payments made via a card will be charged a 3% transaction fee.
1.4. Payments made by check or money order will avoid the transaction fee.
If doing so, please make payable to Go Baja Riding Tours and send to:
Go Baja Riding Tours
6820 Airport Dr. # D206
Riverside, Ca 92504
2. Cancellation & Refund Policy
2.1. Deposits are NON-REFUNDABLE and are due at the time of booking.
2.2. Balances are due in full 45 days prior to your scheduled tour.
2.3. THERE ARE NO REFUNDS if cancelling your tour 30 days or less from the departure date.
2.4. If you have unexpected circumstances and are unable to join us for your scheduled tour, we will try to accommodate you on a future date and apply your deposit towards it. However, we cannot guarantee availability for tours outside of your reservation and you will need to call our office staff to arrange. You will be responsible to pay the difference between the tour you want to join and the tour you book if the tour you join is more expensive.
2.5. If tour is cancelled due to weather, mechanical failure, unsafe conditions, or insufficient reservations (6 guest minimum to make a tour roll), you will receive a full refund for that tour.
3. Driver & Passenger Safety Policy
3.1. Drivers must be at least 18 years of age to operate machines and must provide a valid Driver’s License with Date of Birth. Children 10 years and older are welcome on our tours but must have a legal guardian sign a liability waiver on behalf of them. Any person that is pregnant, or had recent recipients of surgeries, back/knee problems or any other serious health conditions are not allowed on tours. All drivers and passengers must sign our liability waiver prior to the tour.
3.2. Getting Started
No drugs or illegal activity at any time throughout the entire tour
No alcohol permitted during the day. Once we have arrived at our accommodations for the evening and vehicles are parked it will be permitted.
Review and Understand the operation of the vehicle during the Riders/Drivers meeting. Ask questions.
Wear protective clothing, no sandals, or open toed shoes
Dirt bike Riders: Full Safety Gear is mandatory while vehicles are moving. You can bring your own safety gear or rent our Full Safety Gear Package. Please refer to the requirements here
Side-by-Side Drivers: Helmets, Gloves and Eye Protection is mandatory while vehicles are moving. Safety Helmets, Gloves and Goggles will be provided on the tour and are required for all guests to wear.
3.3 Rules of the Road
Follow the trail and maintain a safe distance from the vehicle in front of you. NO DUST DRIVING will be tolerated.
No passing, lagging, sling shotting, doughnuts, or driving off the trail.
Watch out for all animals. Do not approach or antagonize.
If you have any vehicle trouble, stop, and turn off the engine.
If you get separated from the group, stop, and wait. Do not come looking for us, we will find you.
This is a guided tour, not a thrill ride or a race.
Be conscientious of others on the tour as everyone has different driving abilities.
Where necessary, go slow and be safe. Let us watch out for each other.
This tour is considered a high adventure tour. If any of these rules are not followed there is a possibility of destroying your vehicle and sustaining physical injury.
3.4. Some Potential Hazards
Steep cliffs alongside the trails
Unguarded turns with steep drops
Limited sight areas
Hair pin turns
Cows, pigs, horses, or other wildlife
Trees, cacti, and large rocks
Slippery when wet
Dusty when dry
Fire hazard always
Please see the below Waiver & Liability Agreement that you are required to sign prior to the event.
4. Side-by-Side/Dirt Bike Safety & Damage Policy
4.1. The use of our vehicles is not like renting an automobile. Guests are fully financially responsible for any damages they cause to equipment or persons.
4.2. You will be responsible to pay for the loss of use of any Side-by-Side/Dirt Bike or other vehicle covered by this agreement irreparably damaged by yourself
4.3. You will also be responsible in the event of incidental charges such as parts, labor, gear, and other related charges that might incur while you are using our vehicles.
4.4. A credit card is required for a security deposit on all tours.
4.5. A Crash Damage Deposit will be collected IN CASH on the first day of your trip and returned to you on the final day, minus any minor damages. If the damages you incur go above the cash Crash Damage Deposit, then the remaining balance will be charged to the card that we have for you on file.
Please see the below Waiver & Liability Agreement that you are required to sign prior to the event.
5. PICK-UP & DROP-OFF SERVICES
4.1. Go Baja Riding Tours offers pick-up and drop-off services for most of its tours. Please read the tour description very carefully to see what pick-up and drop-off services are included in your package.
4.2. You as the traveler are responsible for your pick-up, this includes providing Go Baja Riding Tours with your pickup location (airport or hotel) as well as being ready at the correct time for the pick-up for your tour. Go Baja Riding Tours will provide you with information about your pickup time in our What to Pack document which is provided upon booking. If you are unsure when to be ready for your scheduled tour, then please contact our office.
4.3. Please note that missing the pickup does not entitle you to a refund of the price paid for the services. You are responsible to be ready for pick up at the assigned pickup point at the assigned pickup time so our guides can transport you to the start location.
5. TRAVEL INSURANCE
5.1. As with all world travel, we strongly recommend that you purchase a travel insurance policy in your home country that covers your cost should you have to cancel your travel reservation with short notice. This kind of travel insurance is not expensive and frequently covers other risks. Having travel insurance is always a good idea when traveling around the world.
6. WEATHER AND CONDITIONS
6.1. All adventure trips and outdoor activities are dependent on weather and general conditions. Go Baja Riding Tours reserves the right to alter routes, itineraries, departure times and or cancel your trip without prior notice with your safety in mind, should the necessity arise.
8.2. The weather can change fast and with it, conditions change. Our guides are specially trained to deal with changing conditions and their number one priority is to make decisions with your safety in mind. Please be aware of this and respect your guide’s authority to do so.
8.3. Go Baja Riding Tours cannot be held responsible for any loss, damage, accident, injury, sickness, schedule change or other factors due to weather, strike, natural disasters, or any other cause beyond Go Baja Riding Tours control. Go Baja Riding Tours acts in good faith and cannot be held responsible for defaults or delays of organizations as individual agencies, hotels, other tour operators, airlines, guides, restaurants or any other person or other company act.
8.4. In the case of any changes to flights (domestic and international), the passenger is responsible for any additional costs incurred because of such changes (i.e., additional hotel nights, meals, transfers, etc.), at the time provided.
9. ASSUMED RISK & OUTDOOR ACTIVITIES
9.1. Guests/Clients are advised that all activities are undertaken entirely at their own risk and they must always behave in a fit and proper manner in accordance with Go Baja Riding Tours or its partners’ guidelines and must take proper responsibility for their own safety. All adventure tours and outdoor activities carry inherent risks and Go Baja Riding Tours, or its partners do not assume any responsibility for accidents that are caused by its customers or can be traced to their own actions or are caused by factors outside of human control (Force majeure). With the purchase of your trip, you agree to these conditions, understand its implications, and accept responsibility for your participation in your trip. Depending on the excursion, you may be requested to sign an additional liability release.
9.2. Our guides reserve the right to refuse participation to any customer who they believe will not be able to complete the tour because of their physical condition, injury, or illness. In such cases, full cancellation charges apply.
9.3. We reserve the right to refuse participation to clients that are being physically or verbally abusive, or if they pose a threat to staff members or fellow travelers in any other way. In such cases, full cancellation charges apply.
10. ALCOHOL AND DRUGS:
10.1. We reserve the right to refuse participation to clients we believe are under the influence of alcohol or drugs, in such circumstances, no refund shall be given. Our guides reserve the right to refuse participation to any customer whose conduct or manner is likely to cause offense, upset or put other passengers in danger. In such cases, full cancellation charges apply.
11. License to Use Website
11.1. Unless otherwise stated, Go Baja Riding Tours and/or its licensors own the intellectual property rights on the website and material on the website. Except for the license below, all our intellectual property rights are reserved.
11.2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and throughout these terms and conditions.
11.3. You must not:
republish material from this website (including republication on another website).
sell, rent or sub-license material from the website.
show any material from the website in public.
reproduce, duplicate, copy or otherwise exploit material on this website.
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution
12. Acceptable Use
12.1. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
12.2. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
12.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
12.4. You must not use this website to transmit or send unsolicited commercial communications.
13. User Content
13.1. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or email, for whatever purpose.
13.2. You grant to Go Baja Riding Tours a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Go Baja Riding Tours the right to sub-license these rights, and the right to bring an action for infringement of these rights.
13.3. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Go Baja Riding Tours or a third party (in each case under any applicable law).
13.4. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
13.5. Go Baja Riding Tours reserves the right to edit or remove any material submitted to this website, or stored on Go Baja Riding Tours servers, or hosted or published upon this website.
14. NO WARRANTIES
14.1. This website is provided “as is” without any representations or warranties, express or implied. Go Baja Riding Tours makes no representations or warranties in relation to this website, or the information and materials provided on this website.
14.2. Without prejudice to the generality of the foregoing paragraph, GO BAJA RIDING TOURS does not warrant that:
this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
15. LIMITATION OF LIABILITIES
15.1. GO BAJA RIDING TOURS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
for any indirect, special, or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
15.2. These limitations of liability apply even if GO BAJA RIDING TOURS has been expressly advised of the potential loss.
16.1. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Go Baja Riding Tours liability in respect of any:
death or personal injury caused by Go Baja Riding Tours negligence.
fraud or fraudulent misrepresentation on the part of Go Baja Riding Tours; or
matter which it would be illegal or unlawful for Go Baja Riding Tours to exclude or limit, or to attempt or purport to exclude or limit, its liability.
17. UNENFORCEABLE PROVISIONS
17.1. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
18.1. You hereby indemnify Go Baja Riding Tours and undertake to keep Go Baja Riding Tours indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Go Baja Riding Tours to a third party in settlement of a claim or dispute on the advice of Go Baja Riding Tours legal advisers) incurred or suffered by Go Baja Riding Tours arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
19. BREACHES OF THESE TERMS AND CONDITIONS
19.1. Without prejudice to Go Baja Riding Tours other rights under these terms and conditions, if you breach these terms and conditions in any way, Go Baja Riding Tours may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
20.1. Go Baja Riding Tours may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Your continued use of this website will indicate your agreement with the revised terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
21.1. Go Baja Riding Tours may transfer, sub-contract or otherwise deal with Go Baja Riding Tours rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
21.2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
22.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. LAW AND JURISDICTION
23.1. These terms and conditions will be governed by and construed in accordance with California Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Riverside County in the state of California.
24. VOLUNTARY WAIVER, CONSENT, RELEASE, AND HOLD HARMLESS
24.1. In consideration for being allowed to drive, ride in and/or utilize an off-road vehicle pursuant to the accompanying Agreement, I agree to assume all risks, waive all claims, release all liability, and defend and hold Go Baja Riding Tours, LLC (“Operator”), and their directors, officers, agents, affiliates, subsidiaries, and parent companies, harmless to the fullest extent allowed by law.
24.2. I ACKNOWLEDGE AND AGREE THAT:
If I will be a driver of the off-road vehicle, I have a valid driver’s license, I am 18 years of age or older, and I can legally operate an off-road vehicle as part of the Agreement.
If I only will be a passenger, I will not drive the vehicle and I am able to grasp the handholds and firmly plant my feet, with back fully against the seat back rest.
If I am under 18 years of age (“minor passenger”), my parent/guardian is also signing on my behalf and I will be always under my parent/guardian’s supervision during the Agreement
Driver will ONLY carry minor passengers if Driver is at least age 25 and the Parent/Guardian of the minor passenger, will ONLY carry the number of passengers for which the ORV was designed, will ONLY carry passenger(s) who have signed this Agreement and the accompanying Waiver, will require each such passenger to wear proper safety equipment.
I am aware of and voluntarily assume the DANGERS AND RISKS OF SERIOUS INJURY, DAMAGE, OR DEATH that exist in my use of off-road vehicles (“ORVs”) and ORV equipment and my participation in the tour activities which could be or may be caused by loss of vehicle control, collisions, mechanical failures, trail conditions, my own negligent acts, the negligent acts of other riders, and the potential negligence of the Operator, including the failure to adequately screen, train, warn, or otherwise protect me from all these risks;
My participation in such activities and/or use of such ORV and ORV equipment may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, AND/OR DEATH.
I have received appropriate and thorough safety instructions and an ORV review including its handling, safety features, risks, hazards, instructions, and warnings and am comfortable and confident in my ability and knowledge to handle the ORV in accordance with such safety instructions and warnings on the vehicles and in accordance with the safety training provided and if I have any questions, I will ask before riding.
Guests may only operate ORVs within the areas designated by Go Baja Riding Tours and may not drive or otherwise transport the ORVs in any way to other surrounding ORV locations. No vehicle may be used in violation of any law or ordinance, or contrary to the provisions of any applicable insurance policy.
I have reviewed, am familiar with, and will always comply with the SAFETY INSTRUCTIONS provided by the Operator, ALL INSTRUCTIONS AND WARNINGS contained in the Owner’s Manual, and the WARNINGS ON THE VEHICLES, including the use of a helmet, seat belt, goggles, gloves, and other personal protective equipment and the wearing of seatbelts.
I have not and will not consume drugs, alcohol or any other substance that could impair my judgment or driving/riding ability.
24.3. I AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW ANY AND ALL CLAIMS OF ANY KIND that I have or may in the future have relating to the Agreement, whether directly or by subrogation or otherwise, against the operator, industry association(s), and/or any of their directors, officers, subsidiaries, affiliates, employees, agents, successors, or assigns, (collectively, “Sponsors”).
24.4. I AGREE TO RELEASE THE SPONSORS FROM ANY AND ALL LIABILITY for any loss, damage, expense, or injury (including death) that I or my next of kin may incur resulting from my participation in the Agreement. I understand that this waiver and release does not extend to intentionally wrongful acts on the part of the Sponsors.
24.5.I EXPRESSLY WAIVE ANY BENEFITS I MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CODE, or any other law, that provides that a general release does not extend to claims which I do not know of or suspect exist, which if known by me may have materially affected my decision to sign this agreement.
24.6. I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE SPONSORS from and against all liability for any claim or loss, including personal injury, death, property loss, attorney fees, and litigation costs resulting from my participation in the tour.
24.7. I AGREE AND UNDERSTAND that, on behalf of myself, my personal representatives, and my heirs, I AM RELINQUISHING ANY AND ALL RIGHTS I NOW HAVE OR MAY HAVE IN THE FUTURE TO SUE the Sponsors for all injury, damage, or death I may suffer arising from ORV riding or its equipment, or participation in the Off-road Tour, including claims based on the Sponsor’s negligence.
24.8. I HEREBY GRANT to the Sponsors, and those acting with their authority, the unrestricted, perpetual, worldwide right and LICENSE TO USE MY NAME, PHOTOGRAPH, LIKENESS, VOICE AND BIOGRAPHICAL INFORMATION, and any photograph, video or audio tape that may be taken of me or that includes such materials without further compensation or notice to or permission from me or any third party.
25. ACCIDENTAL DAMAGE WAIVER
25.1. The undersigned hereby rents from Go Baja Riding Tours, LLC (“Operator”) the following described off-road vehicles (collectively referred to as “ORV(s)”) and/or related equipment for a limited period, upon the following terms and conditions.
25.2. NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY – NO INSURANCE PROVIDED
25.3. Operator makes no warranty of any kind, nature, or description, express or implied, as to the quality and manufacture, safety, drivability, or fitness for any particular purpose of any ORV or equipment covered by this agreement. I (We), the undersigned, accept any ORV or other equipment provided by Operator in its “as is” condition with all faults. I (We) hereby acknowledge that riding ORVs is a dangerous activity, with a high risk of serious bodily injury or death to others or oneself. Operator does not provide medical insurance and advises that serious injuries can be financially devastating. I (We) personally accept all risks and liabilities of this activity. It has been explained to me (us) and I (we) understand that by executing this document I (we) am/are giving up important legal rights. It is my (our) further intention to give up those rights and in good faith to relieve and release Operator of any duty legally owed to me in relation to the conduct of this activity.
25.4. TERMS AND CONDITIONS – READ THIS CAREFULLY – GUEST IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE
25.5. This is a contract for the use of our ORV and equipment. We may repossess the ORV at your expense without notice to you, if the ORV is used in violation of law or this Agreement:
Driver of ORV must be at least 18 years of age and possess a valid driver’s license.
Driver will wear Safety Gear when operating the ORV.
Driver will not consume alcohol, drugs, or ingest any substances that could/would adversely affect the ability to operate the ORV safely/successfully.
Driver will operate ORV ONLY on areas legal by local law, designated trails/areas within areas designated by Go Baja Riding Tours and will NOT TRESPASS on any property on which Driver is not authorized to operate the ORV. Guests may not transport the ORV, in any manner, to other surrounding recreational ORV locations.
Driver will ONLY carry minor passengers if Driver is at least age 25 and the Parent/Guardian of the passenger, will ONLY carry the number of passengers for which the ORV was designed, will ONLY carry passenger(s) who have signed this Agreement and the accompanying Waiver, will require each such passenger to wear proper safety equipment and a seat belt.
Driver will not, and will not carry any passengers, who have consumed alcohol, drugs, or ingested any substances that could/would adversely affect their ability to safely/successfully drive or ride in the ORV.
No Driver is pregnant, recent recipients of surgeries, persons with back/knee problems or any other serious health conditions.
25.7. PASSENGER(S) RULES:
Passenger must be able to grasp handholds and firmly plant his or her feet, with back fully against the seat back rest. Minor passengers must be accompanied by a Parent/Guardian.
Passenger will wear Safety Gear and seatbelt when riding in/on the ORV.
Passenger will not consume alcohol, drugs, or ingest any substances that could/would adversely affect the ability to ride in the ORV safely/successfully.
No Passenger is pregnant, recent recipients of surgeries, persons with back/knee problems or any other serious health conditions.
SAFETY GEAR STATEMENT AND RELEASE FORM. I understand and agree that:
I and any passengers will always wear full safety gear while driving/riding in/on an ORV.
I and any passengers will, always, wear a seatbelt in addition to helmet/goggles if driving a SIDE-BY-SIDE.
Operator has stressed the requirement to wear Safety Gear.
I have been thoroughly briefed on how to operate the ORV successfully and safely.
Although wearing Safety Gear reduces my risk of injury, it does not in any way guarantee my safety.
I will bring Safety Gear loaned or rented to me by Operator back in the SAME condition it was in upon check-in date. Any damages or losses to equipment/gear will be charged/billed to me and/or deducted from the security deposit.
LIMITATIONS OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE.
26.1. I agree that only the persons signing or otherwise identified in this Agreement will operate the ORVs, other vehicle(s) or equipment and that passengers will not be carried except to the extent such ORV is designed for such use. Should any undersigned person, any minor under my control or any person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any ORV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I hereby authorize Operator to charge my credit card account provided as part of this transaction for all damage and loss of use charges that I may incur under the terms of this agreement.
26. DAMAGES–CHECK-IN/CHECK-OUT. I understand and agree that:
26.1 I will return the ORV at the end of my tour in the EXACT same condition it was in upon arrival. Note: acceptable tire tread-wear is expected; however, excessive wear / damage will be charged. Drive belt breakage is considered damage.
ALL Damages/Losses sustained to the ORV during the tour period are my responsibility and are to be paid for by ME, the guest.
26.2 I will pay for Damages/Losses/Penalties up to $300.00 for dirt bike and $500.00 for Side-by-Side out of my Crash Damage deposit. I agree that I will be charged for all damage and up to the FULL RETAIL VALUE OF THE MACHINE via my credit card on file for any damages incurred ABOVE THE CRASH DAMAGE DEPOSIT.
26.3 If the ORV is too dirty to assess full condition of machine upon the conclusion of the tour, machine will be fully inspected again after it has been thoroughly cleaned by crew facility. If damages are found after this is performed, these charges will be applied and paid in full by my credit card that I have on file. Damages, penalties, and any other additional charges will be broken down – a receipt of the additional charges is available upon request.
26.4 I will pay for Damages/Losses/Penalties beyond Crash Damage deposit within 15 days of receiving bill for damages via secured funds (certified check/money order) or credit/debit card. I will be billed/charged by Operator as soon as possible.
You are responsible for all damage to the Vehicle, including damage caused by weather, acts of god or terrain conditions.
27. GO BAJA RIDING TOUR SCHEDULE. I understand and agree that:
Pick-up time is no later/earlier than the specified tour beginning time.
Tour end time varies depending on unforeseen circumstances, therefore, there is not a set end time and you will need to schedule travel for the following day.
There are no refunds/discounts if I am late and do not arrive for pickup on time.
28. REFUND POLICY TERMS AND RELEASE FORM. I understand and agree that:
Tour deposits are NON-REFUNDABLE.
I cannot get a refund on my remaining balance unless I notify Operator 30 days or further in advance, in which case it will be subject to forfeiture depending on circumstances. Any later notice will be subject to NO refund.
If weather adversely affects the ability to utilize the ORV, Operator is under NO obligation to issue a refund or discount.
If I am not satisfied with the overall experience of off-road trails/areas, Operator is in no way responsible.
If I get injured during the tour period and am unable to continue my expedition, Operator is not responsible and under no obligation to issue any refunds.
29. NON-TAMPER AGREEMENT.
All vehicles supplied by Operator are properly maintained and adjusted for reliable and safe operation. Adjustments and maintenance done to, and not limited to the following, are performed by individuals approved by Operator only: Brakes, Throttle, Steering, Suspension, Electronics, Cooling System and Fuel System. If at any time you feel something is out of adjustment or needs attention in any way, the vehicle is to be powered off so it can be attended to by individuals approved by Operator.
You release Operator, Go Baja Riding Tours, our agents, and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled, or stored, or that was left or carried in or on the ORV or in our offices, whether the loss or damage was caused by our negligence or was otherwise our responsibility.
No term of this Agreement can be waived or modified except by a writing that we have signed.
A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
31. ASSUMPTION OF RISK.
31.1 I expressly and voluntarily assume all risk and liability for the loss or damage to any ORV or other equipment obtained from Operator, for death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified ORV or any other ORV and/or equipment received or obtained from Operator.
32. WAIVER AND RELEASE OF CLAIMS AND COVENANT NOT TO SUE.
32.1 This Agreement is entered into in conjunction with Waiver, Consent, Release, and Hold Harmless Agreement.
33.1 The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Operator, Go Baja Riding Tours, their subsidiaries, shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the use and/or operation, condition or possession of the above referenced ORV or any other ORV or other equipment received or obtained from Operator. The undersigned likewise shall indemnify Operator, Go Baja Riding Tours, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs, or expenses, including attorneys’ fees, resulting from a breach of this agreement.
34. PARTIAL INVALIDITY/CHOICE OF LAW
34.1 Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver, and release shall be governed and construed under the laws of the State of California.
35. EXPENSES OF ENFORCEMENT
35.1 In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorney fees and all costs and expenses incurred in pursuit thereof.
36.2. We collect personally identifiable information from you when you register on our site, place a reservation order, subscribe to our newsletter, respond to a survey, fill out a form or input data on our site in any way.
36.3. When booking reservations through or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, gender, certification level, experience level, or other clothing size, hotel information, or other information as requested by the companies that use our service. You may, however, visit and browse our sites and offerings and not enter any of your personally identifiable information.
36.4. Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions (In addition to processing your bookings with the companies that use our services, the email address you provide during booking processing may be used to send you information and updates pertaining to your reservation, in addition to receiving occasional company news, updates, related product or service information,
To provide services to the companies that use Go Baja Riding Tours
To administer a contest, promotion, survey, or other site feature
To send periodic emails
36.5. We also may collect and store information about you that we receive from other sources to, among other things, enable us to verify, update and correct the information contained in our databases, prevent fraud, provide services to our other clients, and to better customize your experience on our site.
Note: If at any time you would like to unsubscribe from receiving future marketing emails, please contact firstname.lastname@example.org.
36.6. We implement a variety of security measures to help maintain the safety of your personal information when you reserve a booking or enter, submit, or access your personal information.
36.7. All supplied credit card information is transmitted via Secure Socket Layer (SSL) technology. This information is then encrypted in our payment provider’s systems, may only to be accessible by those authorized with special access rights to such systems, and they are required to keep the information confidential. Please understand that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet can be guaranteed to be 100% secure.
36.8. After a transaction, your personal information may be kept on file to archive reservation data, help improve the customer experience, and for other business purposes.
36.9. Web cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
36.14. We also use third-party service providers who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site’s policies, or protect our rights or others rights, property, or safety in anyway legally or most appropriate to the situation at our sole discretion.
36.16. Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
36.17. California law permits California residents to request certain information regarding Go Baja Riding Tours disclosure of their personally identifiable information to third parties for those third parties’ direct marketing purposes. To make such a request, please send an e-mail to email@example.com specifying that you seek your “California Customer Choice Notice.” Please allow up to thirty days for a response.
36.18. Go Baja Riding Tours sites are a general audience website and do not offer services directed to children. You must be 18 years of age or older to book using Go Baja Riding Tour site. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information and will delete the information. Bookings made by underage individuals without consent will not be honored. If you believe that Go Baja Riding Tours has been provided with the personal information of a child under 18 without parental consent, please notify us immediately at firstname.lastname@example.org.
WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SITE.
37. ENTIRE AGREEMENT