Terms and Conditions
Release of Liability, Assumption of All Risks, and Arbitration Agreement
These paragraphs define our responsibility with respect to all our trips. Please read them carefully. Payment of your deposit represents your acceptance of the following terms and conditions:
By participating in a ProActive Travel, ProActive Sports Tour, ProActive Soccer Tour or ProActive Ski tour, I agree to the following terms and conditions set forth herein.
ProActive Travel Inc. and its brands ProActive Travel, ProActive Sports Tours, or ProActive Ski, its employees, investors, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively ProActive Travel Inc.) does not own or operate any entity which provides, or is to provide, goods or services for your trip including, for example, lodging facilities, transportation companies, food service providers, equipment suppliers, babysitters or daycare providers, etc. Although we endeavor to choose the best suppliers available, ProActive Travel Inc, has no right to control their operations and therefore makes these travel arrangements upon the express condition that ProActive Travel Inc, and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided. As a result, ProActive Travel Inc is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
In addition, I acknowledge that I have voluntarily applied to participate in the trip designated on this application (or a trip to which I may subsequently transfer). I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to: negligence in any manner on the part of ProActive Travel Inc including, without limitation, negligence in the conduct or arrangement of the trip in any respect from inception to completion, negligence with regard to equipment (i.e. bicycle, skis, snowshoes, etc.) selection or maintenance, in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, snowboard, snowshoe, or by horse or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; war; terrorism; criminal activity; strikes and other labor disputes; theft; changes in government regulations; delayed departures and arrivals; dangers associated with wild or other animals; breakdown or failure of bicycles or other equipment; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or property. I acknowledge that the enjoyment and excitement of active/adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
ProActive Travel reserves the right to make any changes in itineraries, hotels, restaurants, carriers, programs, or any other services without notice that it deems necessary. ProActive Travel also reserves the right to accept or reject, or terminate or expel, anyone as a tour participant for any reason whatsoever. The right is reserved to substitute both trip leaders and hotels from those listed on the website and or other publications, as well as reverse the order of places to be visited and make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of the passengers. I understand that ProActive Travel reserves the right to take photographic or film records of any of its trips, and hereby agree that ProActive Travel may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom ProActive Travel may engage in joint marketing, without any remuneration to me. I also agree and hereby assign all right, title, and interest I may have in or to any and all media in which my name or likeness might be used by ProActive Travel.
Booking Your Trip
You may book a ProActive Travel trip either by telephone or directly through our website. Early reservations are recommended, since group sizes are limited and airlines often sell out their best fares many months in advance. Once you have submitted this reservation request, one of our travel consultants will contact you during our next business day to confirm your arrangements, and to charge the initial $300 per person deposit to your credit card. If you prefer, you can also email your request to us. For immediate confirmation, please feel free to call us at 1-800-998-9345, 24 hours a day, 7 days a week.
Upon receiving your deposit we will send you a confirmation letter, detailed trip itinerary, and other helpful information, including clothing and equipment list, suggested reading, and other general information to prepare for your trip. Your final trip details will be sent out no later than 3 weeks prior to departure.
At time of reservation.......................$300
120 days prior to departure................$500
60 days prior to departure..................Balance
*Deposit and payment schedules for private/customized group trips and certain special events may vary. This includes all team tours.
Prices are quoted in US dollars and all payments must be made in US dollars whether by check or credit card. All land payments submitted less than 15 days prior to departure must be by credit card or cashier's check.
Unlike other companies who will charge you more for smaller group sizes, ProActive Travel keeps consistent prices, regardless of the size of your group. The price we give you is the price you will pay; no surprises.
*Pricing for private/customized group trips is based on the group size conditions contained in the proposal and often prices are conditional on group size.
*Prices listed on the website are subject to change in the event of exceptional cost increases and or currency exchange rate fluctuations. For private trips that include airfare, orders submitted beyond the ‘sign-up period’ as stated on the agreement details, are subject to price changes do to the changes in air transportation costs.
Payments received 3 business days or more after the payment due date will be charged a nonrefundable $25 late fee.
If a payment is late 14 business days or more after the payment due date, your application will be considered temporarily suspended and subject to a non-refundable $100 reinstatement fee.
Cancellations and Refunds
If it becomes necessary for you to cancel your trip, the following fees will apply, computed as of the date of receipt of written cancellation notice, which can be sent by email, fax, or standard mail.
Cancellation Fee Schedule
* Minimum fee.......................................$300 (including deposit)
46-90 days prior to departure..............25%
30-45 days prior to departure………..50%
30 days or less...................................100%
*Please note that cancellations on a private/customized group trip may mean the participant number may fall below the proposed number and as a result re-pricing may occur. In this case, the difference in group pricing may be taken from the payment of the cancelling person(s).
Transfers to another ProActive Travel Inc trip can be made for no additional charge up until 30 days prior to the departure date. For packages that include airfare, any airline fees associated with the change in plane tickets will be the responsibility of the guest. Refunds of the airline tickets are subject to the terms and conditions of the airline and not ProActive Travel Inc. Custom group trips are not transferable.
ProActive Travel Inc must normally make substantial payments to its suppliers (hotels, transportation companies, etc.) far in advance of the scheduled embarkation date. If a trip is cancelled due to an act of God, war, labor strikes, earthquake, flooding, etc., ProActive Travel will promptly refund the portion of the trip cost not already advanced to suppliers and use its best efforts to recover and refund the balance as promptly as possible. However, ProActive Travel Inc does not guarantee recovery of any or all of the advance payments made, and our use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign jurisdictions.
Travel Agent Services – Amendments to Custom Group Tours
We understand that sometimes guests would like to make adjustments to the custom group tour packages. Adjustments include but are not limited to alternative airfare (dates, airline, and schedules), arriving early or staying late, special requests for activities or services outside the normal group itinerary, and more. As a certified Travel Agent, ProActive Travel Inc.’s team will endeavor to make those changes as requested in writing. For each guest requesting a change, a minimum of $50 Travel Agent Service charge will be added to the final invoice.
These Terms and Conditions represent the entire agreement between you and ProActive Travel Inc regarding your use of this Site and supersede any prior statements or representations. The performance of these Terms and Conditions shall be governed by the internal laws of the State of Virginia, United States of America, without regard to any principles of conflicts of law. All legal proceedings arising out of or in connection with this Site brought by you shall be brought solely in the federal or state courts located within the State of Virginia. You expressly submit to the personal jurisdiction and venue of said courts and waive any claims of inconvenient or improper forum or similar claims or defenses. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. ProActive Travel Inc may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use. Any rights or obligations granted to you here under may not be assigned or transferred to any other person or to any entity.