Acknowledgement of Risk and Release
In connection with my application in a Sociedad Comercial y Turistica Kayak Hostel Limitada (“Pucon Kayak Retreat & Multi-Adventures aka PKRAMA”) services including any pre-trip option, post-trip extension, accommodations, rentals, and adventure services (collectively defined as the “Trip”). I agree as follows:
I acknowledge that:
PKRAMA trips are intentionally designed to take clients “off the beaten path”, to remote destinations throught Chile and Patagonia. Trips offer the opportunity for physical activity that can be demanding depending on the condition of the traveler and involve risk of serious personal injury including permanent disability and death from accident, illness or the negligence of other persons, including PKRAMA personnel, agents or independent contractors whose services are provided in connection with the Trip. Medical facilities are not easily accessible and may not be sophisticated. There are other risks associated with the Trip such as theft or loss of or damage to property. In addition some of the services provided in connection with the Trip are purchased from independent contractors over whom PKRAMA has no control.
Limitation of Liability and Release
I understand and have carefully considered the risks involved in taking a trip of this nature. I agree that PKRAMA will not be responsible for and I assume all risk and accept full responsibility for any and all physical or mental injury including permanent disability and death, damages or loss to property even if caused or alleged to have been caused in whole or in part by the conduct, including the negligence, of PKRAMA, or any of its employees, agents or independent contractors.
I further agree that I will not sue PKRAMA, its employees, agents and independent contractors in respect of, and I hereby forever release and hold harmless PKRAMA, its employees, agents and independent contractors from, any claims for physical injury, permanent disability or death or for damage to or loss of any property arising in connection with my participation in the Trip including any claims made against me as a result of any of my actions on the Trip.
Notwithstanding any of the above, if I have suffered any loss due to any reckless or fraudulent conduct on the part of PKRAMA, its employees, agents or independent contractors, I retain the right to sue only the reckless or fraudulent party and not any other party in respect of that conduct.
I intend that this Acknowledgement of Risk and Release will apply to my Trip with PKRAMA, which includes any pre-trip option or post-trip extension which I may enroll for at a later date. I also intend that this Acknowledgement of Risk and Release shall also apply to any agents of PKRAMA.
I intend that this Acknowledgement of Risk and Release, will be binding upon my heirs, successors and legal personal representatives, and I agree that any claim or dispute arising out of or relating to this Acknowledgement of Risk and Release, the Trip, or my relationship with PKRAMA will be resolved exclusively in the courts of the Province of Chile’s Araucania region and will be governed exclusively by Chile law.
I have carefully read the above Acknowledgement of Risk and Release. I understand that I have given up substantial rights and potential remedies by signing it and I nevertheless sign it voluntarily and knowingly.
CANCELLATION & DEPOSIT POLICIES DISCLAIMER
A deposit is at the time of reservation; balance is due 90 days prior to your trip. For trips departing within 90 days, full payment is due at the time of reservation. If you find it necessary to cancel your trip, after calling our office, please notify us in writing as soon as possible. Please see the cancellation fee schedule below. All policies will be enforced.
Although it is unusual, we occasionally find it necessary to cancel a trip due to weather, water, park closures, political conditions or insufficient reservations (making the trip economically unfeasible for us to operate). If we are unable to provide another trip that is satisfactory to you, we will refund your entire trip fee, but PKRAMA is not responsible for additional expenses incurred by members in preparing for the trip (e.g., non-refundable, advance purchase air tickets, equipment, medical expenses, etc). We regret we cannot make exceptions for personal emergencies. For this reason, we strongly urge you to investigate trip insurance (see below).
Under most circumstances, if you are of an adventurous spirit and in reasonably good health, you should have no problem participating in an PKRAMA trip. People with significant medical conditions, including pregnant women, should have their physician’s approval before taking a river trip. Please be advised that our Coast Guard approved life jackets are rated to accommodate persons no heavier than 260 pounds and with a chest size no larger than 56 inches. We may decide, at any time, to exclude any person or group for any reason we feel is related to the safety of our trips.
Date of cancellation Cancellation Fee
90 days or more prior to your trip Forfeit deposit
89 – 61 Days or less prior to your trip Forfeit full fare*/Future Trip Credit 50% of Payments
60 Days or less prior to your trip Forfeit Full Fare/No Future Credits
I certify that I have read, and understand, the above deposit/payment/cancellation policies.
TERMS & CONDITIONS:
Pucón Kayak Retreat & Multi-Adventures reserves the right to cancel any trip should we determine the safety of our clients or staff be compromised in any way, for any reason. In the event of cancellation, PKRAMA not responsible for any loss incurred by the client for non-refundable travel costs.
- Successful reservations will be confirmed via email. Once confirmed, the cancellation policy is effective immediately. Failing to submit a deposit or any subsequent payments due will forfeit your reservation.
- Some trips may require a minimum number of guests to operate. If the minimum on such trips is not met in advance, any affected guest(s) with an existing reservation will be given a full refund or the option to substitute a similar trip.
WHAT CANNOT BE REFUNDED:
- Refunds will not be given for reasons that include, but are not limited to, personal emergencies, medical conditions, unexpected weather, unexpected water levels, and any other natural or man-made disaster.
- Trips are arranged, scheduled and confirmed in advance. Any guest who fails to appear on the day of departure will not be refunded for lost time.
- No refund will be given for any portions of the trip unused by the guest after the trip departure date, regardless of circumstances.
- Custom trips for individuals, groups or organizations are fully NON-REFUNDABLE once booked and confirmed.
PKRAMA strongly recommends the purchase of short-term travelers’ insurance policy. Here is a link to a recommendable trip insurance agency, http://www.travelinsure.com/products/intermedical-insurance/?pcode=32931. This policy offers accident, baggage and trip cancellation protection and offers a full refund if you cancel at any time for medical or health reasons.
I have read this statement and understand it is my responsibility to purchase or decline the travelers’ insurance policy.