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Description of Service
In the event you make a reservation with us, you agree that you will make all bookings and other reservations in good faith and not based on speculation or fraud. Reservations may be subject to additional terms and conditions, which will either be listed on the applicable Service, or which will be provided to you when you make a reservation, booking, or other purchase. All reservations are for you, your invited guests, or members of your party. Unless you are a travel agent or tour operator, you may not resell, advertise, assign, or otherwise market your reservation to third parties.
While we make our best effort to provide you with up to date information regarding available reservations, availability is subject to change at any time. Xanterra makes no representations or warranties regarding availability unless and until your booking is complete. In the event of a technical or clerical error in the published rate, availability of any service, or regarding any feature, program or event, Xanterra reserves the right to cancel your reservations and provide a refund for your purchase, including after your purchase is confirmed.
Registration on our Services
Certain features of our Services may require you to register by providing your personal information, such as your name, e-mail address, and/or other information. You may also wish to register on our Services to receive one or more promotions or other information from our affiliates. You may start or stop your receipt of this information at any time via the links in every email.
Additional Policies and Agreements
Modifications and Interruption to the Services
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party and Affiliate Sites
As a condition of your right to use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Services and accessing the content of these sites under the laws of the United States or other country.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, XANTERRA, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, VENDORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “XANTERRA PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE XANTERRA PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES.
UNDER NO CIRCUMSTANCES, WILL ANY OF THE XANTERRA PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY XANTERRA PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE XANTERRA PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but each of the Xanterra Parties reserve the right to treat any such Feedback as confidential information.
By submitting Feedback to Xanterra, you assign to Xanterra, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. The Xanterra Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code.
You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation blog comments, message board posts, and any other content which does not originate with any Xanterra Parties (“User Content”), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will the Xanterra Parties be liable in any way for any User Content made available through our Services by you or any third party.
Since the Xanterra Parties do not control the User Content posted on the Services, we do not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and do not endorse such User Content. You also agree and understand that by accessing the Services, you may encounter content that you may consider to be objectionable. The Xanterra Parties have no responsibility for any User Content, including without limitation any errors or omissions therein. The Xanterra Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Services.
User Content is owned by the author thereof, and the Xanterra Parties do not claim ownership of original works created and posted by individual visitors to the Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Services, you are granting the Xanterra Parties an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
The Xanterra Parties reserve the right (but have no obligation) in their sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Services. You agree that the exercise by Xanterra Parties of such discretion shall not convert or transform User Content to content owned or provided by any Xanterra Parties, and the user who made such User Content available on the Services will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on our Services. To request the removal of content or information you have posted on our Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Services.
You agree that you will not use our Services (or any third party services enabling User Content for our Services) to transmit or make available any content that:
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Services, servers or networks connected thereto.
Copyright and Trademark Information
All content, copyrights and other intellectual property rights in the content available on our Services, including without limitation the design, text, graphics, interfaces of the Services, and the selection and arrangements thereof, are owned by Xanterra, with all rights reserved, or in some cases may be licensed to Xanterra by third parties. This content is protected by the intellectual property rights of Xanterra or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Xanterra.
Permitted Use of the Content
Any use of content on the Services other than as permitted herein, including without limitation reproduction, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Xanterra, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of Xanterra.
You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.
When you include links to our Services on your website, the applicable page within our Services must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. You may not “frame” the Services or any of its Content or copy portions of the Services to a server, except as part of an Internet service provider’s incidental caching of pages.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on our Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
Please send your notice of alleged infringement to:
Xanterra Parks & Resorts
6312 S. Fiddlers Green Cir, Suite 600 North
Greenwood Village, CO 80111
Attention: Legal Affairs
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of our Services by repeat infringers in appropriate circumstances.
Other Content Complaints
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Changes to These Terms
Mobile Devices & Third-Party Restrictions
If you access our Services on mobile devices or in any of our mobile applications (“Mobile App”), you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store, Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
The Xanterra Parties, not Apple, are responsible for:
For matters concerning our Services:
Xanterra Parks & Resorts
6312 S. Fiddlers Green Cir, Suite 600 North
Greenwood Village, CO 80111
Attention: Legal Affairs
Tour days tend to be shorter in length, at a relaxed pace, and include lots of unscheduled time for leisure. Expect standing and walking for extended periods of time on flat surfaces, mostly low altitudes, and consistent temperatures.
Tour days usually move at a leisurely pace. Some days’ scheduled activities last longer than others. Expect standing and walking for long periods of time on occasionally uneven terrain. You may experience changes in altitude or temperature.
Tour days tend to be long, move at a consistent pace, and may include long travel days. Expect standing and walking for long periods of time on uneven surfaces. Some destinations may have changes in altitude and/or temperature.
Tour days tend to be long, move at a brisk pace, and may include lengthy travel days. Expect long periods of walking and standing on uneven surfaces. Scheduled activities may require physical effort or have distinct changes in altitude or temperature.
Tour days tend to be long, move at a vigorous pace, and may include lengthy travel days. Expect long periods of walking and standing on rough surfaces. Scheduled activities may require physical effort or have distinct changes in altitude or temperature.