Terms and Conditions
Acknowledgment and Assumption of Risks, Release of Liability and Indemnity Agreement
Maxtour LLC (“Maxtour”, “us”, amd “we”) is a Nevada limited liability company and tour operator that organizes tours to areas in and around Las Vegas.
The terms “you” and “traveler” refers to the traveler making a booking with us and all members of their group.
In consideration for Maxtour permitting you to voluntarily participate in the tour, you (and in the event that the participant is a minor, the parents or guardians) agree to the following terms of this Agreement.
CONTRACT. We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence and the Terms and Conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledge that you have read the Terms and Conditions.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
MaxTour reserves the right to cancel any trip or to upgrade passengers onto a more expensive tour. If for any reason a portion of the tour is canceled, unused expenses may be refunded to the passenger.
COVID 19 RELEASE OF LIABILITY. By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Maxtour.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on Maxtour to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Maxtour has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Maxtour shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Maxtour, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
BOOKING/PAYMENT. When you are ready to start your next travel adventure simply contact us either by email, phone or by filling out the contact information on the website. Your booking will be confirmed on receipt of the completed registration form. After booking you will receive your itinerary, an invoice with payment information, and other important travel information. This invoice is subject to change until you receive confirmation that your travel is booked. Deposits are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions. Deposits are required at time of booking and further information about booking and cancellation policies can be found at: https://www.maxtour.co/cancellation-policy/
Once payment for your trip is processed, you will receive i) a receipt and ii) a checklist of items for you to review travel documents. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
CREDIT CARD BOOKINGS. While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Maxtour retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims:
•Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
•Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
•Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
•Chargebacks resulting from force majeure or other circumstances that are beyond the control of Maxtour or the Supplier.
•Chargebacks resulting because you do not agree with the cancellation policy.
FORCE MAJEUERE. I understand that travel includes certain inherent and other risks and dangers, all of which are too numerous to list, which include, but are not limited to, acts of God, terrorism, civil unrest, hazards of travel in difficult terrain, weather (including mudslides, rockslides, blizzards, monsoons), altitudes, travel by air, motor vehicles, animal, or other conveyance, exposure to disease, accidents, bites, and the negligent acts or omissions of Maxtour, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, Tour Companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity on Maxtour’s behalf. These risks cannot be eliminated, and I willingly assume these risks. I understand that any of these risks may result in bodily or emotional injury, death and/or damage to property, including lost luggage or other belongings, to myself or to third parties.
Maxtour assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Maxtour that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Maxtour.
I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in this tour or my safety in this activity, or else I am willing to assume all risks that may be created, directly or indirectly, by any such condition. I hereby authorize Maxtour to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, while I am inside the United States of America, or else I agree to bear the costs of such injury or damage myself and all related costs, such as evacuation, etc.
CANCELLATION. We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, Maxtour and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Maxtour cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
Overnight Tours and Single Day Tours have different cancellation policies, which can be found at: https://www.maxtour.co/cancellation-policy/
NO REFUND FOR UNUSED ARRANGEMENTS. Maxtour’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
TRAVEL PROTECTION. I have been strongly advised to obtain travel insurance which, including cancel for any reason coverage, under certain circumstances, insures against unforeseen travel issues and risks such as inability to participate in the tour, travel/tourism bankruptcies, cancellations, interruptions, delays, lost/stolen/damaged travel documents and personal property, medical expenses, evacuation and other emergency transportation.
As an independent travel agent, Maxtour will refer participants to travel industry suppliers, outfitters and guides who are not employees or agents of Maxtour, including but not limited to suppliers of accommodations, meals, transportation (ground, water and air), recreational and leisure activities and entertainment and tours (collectively the “Tour Companies”) or utilize Tour Companies for certain activities. Maxtour does not supervise the operations of these Tour Companies and cannot be responsible for the accuracy of the information supplied by the Tour Companies, rates, scheduling changes, the services or goods provided, the operations of the Tour Companies or the negligence of the Tour Companies and Maxtour disclaims any responsibility or liability therefore. Maxtour makes no warranties, express or implied, with respect to any services provided by the Tour Companies. It is the responsibility of these Tour Companies, and not of Maxtour, to comply with applicable laws, to take adequate safety measures and to otherwise adequately supply goods and services. Maxtour does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors, and are not agents or employees or representatives of Maxtour. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Maxtour, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Maxtour. Maxtour assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Maxtour assumes no responsibility or liability for personal property; and Maxtour be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Maxtour accepts no responsibility for lost or stolen items. Maxtour reserves the right to refuse any traveler or potential traveler at its sole discretion.
Understanding the risks described in this document, I agree for myself, all of my family, including my spouse, minor children, and heirs and representatives to release Maxtour, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, Tour Companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity on Maxtour’s behalf from any and all claims (INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF MAXTOUR OR ANY OF THE TOUR COMPANIES), demands for loss, damages (including without limitation damages related to the inherent risks and other dangers discussed above), injuries (including without limitation sickness, bodily or emotional injury or death), damage to property (including without limitation lost luggage or other belongings) or any other causes of action relating in any way to my participation in the tour, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE MAXTOUR OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM MAXTOUR’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against Maxtour, I agree to indemnify Maxtour and pay all damages, costs, fees, expenses and attorneys fees incurred by Maxtour in defending such a lawsuit or such claims. In no event will Maxtour’s liability to a traveler be greater than the amount of the fees paid by the traveler to Maxtour for the tour, even if the amount of damages suffered by the traveler may be greater than this amount. Furthermore, in no event will Maxtour be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
I agree that the interpretation of this document or of any other aspect of my relationship with Maxtour shall be governed by the law of the State of Nevada, U.S.A. and that any legal action shall only be brought in Clark County, Nevada.
If any provision of this document is found to be invalid or unenforceable, the remaining provisions of this document shall be enforceable to the maximum extent permitted by law.
CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM. You agree that you will only bring claims against Maxtour in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Maxtour shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Maxtour unless you have first provided written notice of claim to Maxtour within 30 days after the trip or cancellation of the trip.
Entire Agreement & Severability: This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Maxtour. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to Maxtour to publish any photographs and/or videos of the trip or Traveler in printed or electronic media without obtaining further consent and without compensation. Each Traveler releases Maxtour and its representatives from any liability in connection with any use of such photographs and/or video.
SMS/EMAIL COMMUNICATION. By booking/contacting MaxTour, you are opting in to receive SMS and email communication regarding your tour.
With respect to any minor child listed below, I warrant that I am the parent or guardian of such child and that I have the authority to make decisions as to my child’s participation in recreational activities such as this tour. I HEREBY CONSENT TO MY CHILD PARTICIPATING IN THE TOUR, AND I UNDERSTAND AND AGREE THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH MYSELF AND MY CHILD.