Terms and Conditions
Please take the time to read and understand the terms and conditions set out below (the “Terms”) prior to booking a tour or travel service with Mint Tours US, LLC (“Mint Tours,” “we,” “us” or “our”).
By using our website, booking a tour with or through us, or using our travel services (the “Services”), or by otherwise clicking to accept or agree to these Terms when that option is presented to you, you accept and agree to be bound by and abide by these Terms and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms or our Privacy Notice, you must not access or use the Services.
Unless we expressly state otherwise, the Services are offered and available to users who are twenty (20) years of age or older. Except as otherwise authorized by us, if you are not at least 20, you must not access or use the Services.
Be advised that these Terms include an arbitration provision that applies to any disputes between you and Mint Tours. By agreeing to these Terms, you:
– Agree to arbitrate disputes with Mint Tours;
– Waive your right to trial by jury; and
– Will be prevented from bringing, joining, or participating in any class-action or consolidated-action proceedings against Mint Tours.
These Terms are applicable to U.S. residents purchasing Services from Mint Tours US, LLC. If you are a resident of Australia and are seeking to purchase services from our affiliated entity, Mint Tours Pty Ltd., then your transaction is governed by our Australian Terms and Conditions, accessible at the following link:
https://minttours.com/about-us/terms-and-conditions-australian-residents/
INTRODUCTION
All tours and/or travel bookings are made with Mint Tours acting as the sales agent for the third party provider of the services and products being supplied or provided.
Our Services consist of the arranging and coordinating of your travel, accommodation, entertainment, activities (including guiding), ancillary services, the making of bookings, and the issuing of tickets and vouchers to be redeemed by our suppliers.
Accordingly, all tickets, vouchers, coupons and other service orders are issued by us subject to these Terms, any other terms and conditions applying to our transaction with you, and the terms and conditions of the applicable supplier.
It is your responsibility to make yourself aware of all of the terms and conditions applicable to your tour, including the terms and conditions of any supplier. The supplier’s terms and conditions shall constitute the sole agreement between you and the supplier with respect to the supplier’s supply or provision of the particular product or service. Any conflict or dispute between you and the supplier is solely between you and the supplier, and does not involve or implicate Mint Tours. We do not accept responsibility for, and shall not be liable for, any product or service provided by any supplier or other tourist operator.
Please note that we may receive fees, commissions, gifts or financial incentives from third parties in connection with the provision of the Services.
TOURS AND BOOKINGS
Descriptions; Photographs and Videos
Descriptions of our tours are provided on our website or in our other promotional materials. These descriptions are for general informational purposes only, and Mint Tours does not warrant that the descriptions are accurate, reliable or up-to-date.
Photographs or videos appearing on our website or in our other promotional materials should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to your itinerary.
Maps shown on our website or in our other promotional materials may not reflect the actual tour routing should the itinerary change.
Quotes and Pricing
We may provide quotes, both verbally and in writing, regarding the price for a particular tour. Verbal quotes are regarded as an estimate only, and are subject to change. Written quotes are also subject to change at any time until such time as you make a booking in response to the quote.
We may provide pricing on our website. All rates shown are per person, unless otherwise specified and our tour prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our tour prices may vary at any time in accordance with demand, market conditions and availability.
Mint Tours may take out foreign exchange contracts to protect you and us from excessive adverse movements in exchange rates. Therefore, the foreign exchange rate applied to your payments may differ from the current market rate at the time of payment, and it is likely that due to difference in exchange rates, different passengers on the same trip have been charged different prices. Your best option, if you like the price you see, is to book and pay in full at the time you receive our booking invoice.
Our pricing may fluctuate over time due to reduced pricing, exchange rates, or discounts. You will not be entitled to any reduced pricing or discounts after you have pay your booking invoice (whether you are paying in full or you are paying a deposit). If you wish to take advantage of the reduced pricing, you will need to cancel your booking and re-book with us. However, the provisions of these Terms regarding cancellation will apply, and you will be required to re-book your tour in accordance with these Terms. Mint Tours does not and cannot guarantee that your spot will remain available as part of the re-booking process.
We reserve the right to impose surcharges up to 21 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the tour price you may cancel the booking within 3 days of notification of the surcharge, in which case, we will provide you a full refund.
Cost of passports, and visas (where required) and items not specified as being included in the advertised total price, including without limitation, airport taxes (where applicable), laundry, security deposits, telephone calls, food not included on regular menus, ski or equipment hire, lift passes (unless stated), and any other item of a personal nature, are not included in our advertised total price. You are solely responsible for any and all such costs.
Booking Tours
You can make a booking by clicking to accept your tour/travel quote via our website or online quote software. Please note that clicking to accept your tour/travel quote does not result in a confirmed booking; rather, all bookings are subject to availability and acceptance by us, in our discretion.
If we accept your booking, we will send you a booking confirmation invoice that will be sent to the email address you provide at the time of accepting your tour/travel quote. Once we accept your booking, then a contract will exist between us with respect to your tour, subject to the terms and conditions of these Terms.
Errors
If there is an error on our website or other promotional materials, or in a quote or a booking confirmation invoice (including as to price), we reserve the right to correct the error, correct the price, or cancel the booking. Your sole remedy in the event we correct the error or correct the price is to cancel your booking.
PAYMENTS
For all bookings, a deposit of 50% per person is payable within 3 days of our providing a booking confirmation to you, unless otherwise stated. Deposit amounts may vary for selected tours that may be run by us from time to time and will be set out in the special conditions upon booking.
Unless we state otherwise, the balance (or final payment) is due 90 days prior to departure. If you make a booking for a tour within the 90 day period prior to departure, then the booking must be fully paid upon your receipt of the booking confirmation.
Mint Tours reserves the right to charge late booking fees for any booking made less than 30 days prior to departure.
All credit cards incur a 3% surcharge for FIT package bookings only. If you later cancel your booking, the 3% surcharge will not be refunded.
You agree that we may charge any and all change fees and/or cancellations fees using the credit card information that we have on hand for you.
PASSPORTS AND VISAS
It is your responsibility to obtain information and to have in your possession all of the required documentation and identification required for entry, departure and travel to each country or region you visit on your tour (“Travel Documents”). Travel Documents include a valid passport and all travel documents required by the relevant governmental authorities, which may include, without limitation, all visas, permits and certificates (including vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with us as set out on your itinerary.
You accept full responsibility for obtaining all Travel Documents prior to the start of your trip, and you are solely responsible for the full amount of any costs incurred as a result of any missing or defective Travel Documents. You further agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of all required Travel Documentation.
YOUR DETAILS
For us to confirm your travel arrangements, you must provide all information and details requested in order to book your travel (“Travel Information”). All such Travel Information must be provided no later than the time at which you pay the balance of your trip price. Necessary Travel Information varies by trip, but may include, without limitation, your full name as per your passport, date of birth, nationality, passport number, passport issue and expiration date, and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a self-assessment form which will be provided to you by your sales representative.
In the event you fail to provide your Travel Information as required by the preceding paragraph, we may cancel your participation in the trip and no refund will be provided.
CHANGES AND CANCELLATIONS
Changes
Changes Requested by You
We do not generally allow changes to a booking once we send a booking confirmation invoice. Rather, any such changes are accepted in our discretion only. While we will use commercially reasonable efforts to accommodate your requested change, we cannot guarantee that your change can or will be accommodated. For example, changes resulting in a transfer to a third party provider or an alternative tour are only permitted when operationally possible and, in the case of transferring to a third party provider, where the transferee meets all the requirements in relation to the trip. Be advised that we will not accept changes to your booking that are requested within 21 days of your departure date.
We will charge, and you agree to pay, a $50 change fee for every requested change after we send you a booking confirmation invoice that is accepted by us. Certain additional fees and price adjustments may also apply. If your requested change results in the cancellation of your tour, then you will also be required to pay us any additional cancellation fees.
Changes by Us
(a) Changes to Your Itinerary.
You acknowledge that the nature of this type of travel requires considerable flexibility and you should allow that changes or substitutions may be required by us. For example, the itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to change or alteration, without prior notice to you and without your consent. While we endeavor to operate all trips as described, we reserve the right to change the trip itinerary, in our discretion. Please refer to your Pre-Departure Guide issued 30 days prior to departure for the most recent updates to your itinerary.
If we make a material change to your itinerary prior to departure, we will inform you as soon as reasonably possible if there is time before departure. A “material change” is a change affecting at least one day in five of the itinerary. When a material change is made, you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only, or accepting an alternative trip offered.
We reserve the right to change an itinerary after departure due to local circumstances, such as snow and weather conditions, or a Force Majeure event. In such emergency circumstances, we will have no liability to you in connection with the change, and if there are additional costs incurred by you as a result of any such change, you will be responsible for those additional costs.
The remedies specified herein will be your sole and exclusive remedies, and our sole and exclusive liability, in the event of any change to your itinerary by us. In particular, you will have no claim for damages against Mint Tours in connection with any such change, and we will not be responsible for any incidental expenses that you may incur as a result of your booking, including but not limited, to visas, vaccinations, travel insurance, or excess or non-refundable flights.
(b) Changes in Accommodations.
The accommodation listed on our website for a particular trip or tour is intended to be used on all bookings for that trip or tour; however, if a change becomes necessary for any reason, including additional departures on the same date and/or hotel location changes, we reserve the right to replace the listed accommodation with a substitute accommodation equivalent to the listed accommodation. Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples. Please note that accommodation check-in times vary worldwide.
Cancellations
Cancellation by Mint Tours
Mint Tours reserves the right to cancel any tour prior to it being confirmed to run. A tour is confirmed to run once it has reached the minimum participants required as determined by Mint Tours in its sole and absolute discretion. This applies to any and all tours you may book with us.
Mint Tours further reserves the right to cancel any tour prior to departure, including a confirmed tour, due to circumstances beyond our control, including without limitation, in connection with a Force Majeure (defined below).
In the event of cancellation by Mint Tours pursuant to this section, you will be given the option of changing to another tour or cancelling your booking and receiving a full refund. If you choose an alternative tour and it is at a lower value than your original tour, you will be refunded the difference in price. If the alternative tour is of a higher value, then you must pay the difference in price.
The remedies set forth in the preceding paragraph will be your sole and exclusive remedy, and our sole and exclusive liability, in the event of the cancellation of a tour by Mint Tours hereunder. In particular, you will have no claim for damages against Mint Tours, and we will not be responsible for any incidental expenses that you may incur as a result of your booking, including but not limited, to visas, vaccinations, travel insurance, or excess or non-refundable flights.
Cancellation by You
In the event you cancel a booking after we have sent you your booking confirmation invoice, then you will be subject to cancellation fees. If you cancel a booking 90 days prior to your date of departure, then you will be charged a cancellation fee equal to 10% of the total tour cost, plus any charges that are levied or applied by external tour or ground operators, hotels airlines, heliski or lift companies. If you cancel a booking within 90 days of your date of departure, then you will be charged a cancellation fee equal to 100% of the total tour cost.
For any lessons or private guiding you purchase as part of a tour, if you cancel 90 days prior to your arrival date, we will provide you a full refund, minus a 25% booking fee. If you cancel within 90 days of your arrival date, then you will not receive a refund and any amounts you paid for your lesson or private guiding will be retained by us.
It should be understood that Mint Tours cannot under any circumstances be held responsible for snow or weather conditions. No holiday or tour can be cancelled, altered or amended by you on the basis of weather conditions.
If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. These cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
There are no exceptions to our cancellation policies. All cancellations must be received by us in writing. We understand that occasionally events occur that prevent you from joining us on your tour. To avoid any financial hardship that an unexpected cancellation and interruption could cause, we strongly recommend purchasing trip cancellation/interruption insurance to protect your trip investment.
AGE REQUIREMENTS; FITNESS AND HEALTH STANDARDS
Our trips and tours may be physically demanding, requiring that participants be of a certain age or fitness level.
Minimum Age
For our trips, the minimum age is 20 years on the day of travel. Even if a participant satisfies the minimum age requirement, the participant must still meet any minimum ability requirements.
All travelers aged 19 and under must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 20, appointed by their legal guardian. The legal guardian or their designee will be responsible for the day to day care of the minor traveler. If a legal guardian elects to designate an escort in their absence, they will be required to complete and sign a relevant document documenting such designation and the escort’s authority. If an escort is designated, you agree that we are entitled to rely on all authorizations and instructions provided by the escort with respect to the minor, including any authorizations and instructions regarding medical care.
Maximum Age
If there is a maximum age limit for a particular trip, we will identify it as part of the description for the trip listed on our website or in our promotional materials. However, for the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.
Fitness and Health Standards
We can, upon request, provide details to you on any mandatory health or fitness requirements for a particular trip. Any such health or fitness requirements are for informational purposes only; we do not warrant or guarantee that if you meet or exceed any such health or fitness requirements, that you are sufficiently fit or healthy to participate in a particular trip, or that a particular trip will be safe or appropriate for you.
We are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination. We will not, and will have no obligation to, ensure that you meet any particular health or fitness standards or requirements, or that you have received appropriate medical advice or treatment in advance of your trip. Rather, if you book a trip, we will assume that you have determined, in conjunction with the advice of your medical provider, that you are sufficiently fit or healthy to participate in the trip and that you satisfy any health or fitness requirements for the trip. As noted below, if you book a trip or participate in an activity while on a trip, you do so at your own risk.
During a trip, we have the right (but not the obligation or responsibility), to prohibit or restrict your participation in any activity as part of the trip if we determine, in our sole and absolute discretion, that you are not sufficiently fit or healthy to engage in that activity, or that your participation in the activity will or is likely to result in injury to you or to a third party. We will have no liability or responsibility to you in connection with any such decision, nor will we have any obligation to refund to you any amounts you paid in connection with the trip.
Please refer to any essential information that relates to your tour.
PRIVACY; ADDITIONAL TERMS
Privacy
You agree that all personal information you provide to Mint Tours as part of booking a tour or in otherwise using our Services is governed by our Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice.
Additional Terms
Additional terms may apply to certain trips. We will notify you in advance of any such additional terms and all such additional terms are hereby incorporated into, and made part of, these Terms.
Due to the nature of some of our tours, in addition to these Terms, you may, as a condition to participating on a tour, be required to sign and submit a separate waiver, different terms and/or a release form, either in favor of Mint Tours or in favor of a Third Party Supplier (defined below). If you do not sign and submit such documents when required by Mint Tours, Mint Tours may cancel your participation in the trip and no refund will be provided.
TRAVEL INSURANCE
Travel insurance is mandatory for all of our travelers and must be taken out at the time of booking. Your travel insurance must provide coverage against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of USD$200,000 for each of the categories of coverage. We also strongly recommend that it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number, and emergency contact number with you rather than the bank’s name and credit card details.
AUTHORITY WHILE ON TOUR
Our trips are run by a group leader or guide. The decision of the group leader or guide is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. If you fail to comply with a decision made by a group leader or guide or interfere with the well-being or mobility of the group, the group leader or guide may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
Acceptance of risk
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
Snowboarding, skiing or any adventure activity can involve certain hazards, including sudden weather changes and avalanches. You acknowledge and agree that there is no absolute guarantee of safety. Mint Tours and its contractors maintain the right not to run an activity if the circumstances make the activity too dangerous, as determined by Mint Tours in its sole and absolute discretion. Mint Tours and its contractors will take all practical steps to minimize risk. However, Mint Tours and its contractors accepts no liability for death, injuries or illness incurred during your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether a particular itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
OPTIONAL ACTIVITIES
We may recommend or provide advice regarding optional activities (including before or after a trip) that are in addition to the activities included in the itinerary for your trip (“Optional Activities”). Optional Activities are not included in the trip price, do not form part of the trip, and are not subject to these Terms. Any recommendations or advice we provide to you regarding Optional Activities are informational in nature only To the extent you engage in or participate in any such Optional Activities, you do so at your own risk and we will not be responsible for or liable to you in connection with any such Optional Activities, regardless of whether we provided you any assistance, recommendations or advice regarding any such Optional Activities. Rather, the contract governing the provision of any such Optional Activities is solely between you and the applicable provider. Any dispute between you and the provider is solely between you and the provider and does not involve or implicate Mint Tours.
MINT POWDER GUIDES PRODUCT SPECIFIC TERMS AND CONDITIONS
The following terms and condition supplement these Terms with respect to Mint Tours’ Mint Powder Guides single day Japan guiding product. To the extent of a conflict between these terms and conditions and the other terms and conditions set forth in these Terms, these terms and conditions will control, but only with respect to the Mint Powder Guides single day Japan guiding product.
- Tours run in all weather conditions, unless a guide deems it unsafe to operate. If a tour is cancelled by the guide prior to a tour commencing, at the election of Mint Tours, the tour may be rescheduled to the next available day or a full refund will be provided. Once a tour has departed, the tour fee will not be refunded.
- A transfer service will be provided to and from the Mint Tours office in Asahikawa, Japan. Participants are required to check-in at the Mint Tours office in Asahikawa at 7:30 am local time. A no show by 9:00 am will result in cancellation of your booking, with no refund offered. If you are running late, please contact Mint Tours.
- Requests for particular guides are welcome and Mint Tours will do our best to facilitate requests. In the event that a requested guide is not available, Mint Tours reserves the right to allocate another guide.
- You acknowledge and agree that an avalanche pack with a transceiver, shovel and probe must be carried by all participants who book backcountry guiding. Rental equipment is available to rent, and must be added at time of booking for all participants. If a participant chooses to bring their own, they are required to have a sound understanding of operating their equipment.
- A valid lift pass is required. This is not included in the tour cost and must be arranged by the participant.
- Participants are required to provide touring equipment for backcountry tours. This must be arranged prior to the tour commencing and participants must have a sound understanding of operating the equipment.
- Safety is of utmost importance to Mint Tours. All participants must partake in a safety briefing and obey the guide’s directions at all times. Should any participant be found to be putting themselves, others, or guides in danger, they will be immediately removed from the tour with no refund offered.
- Mint Tours strongly recommends guests have comprehensive travel insurance to cover unexpected costs incurred by trip cancellation, travel delays, injury or illness.
- Participants must not consume any alcoholic beverages or illicit drugs or substances on the day of their tour. Any participants who has consumed alcohol or illicit drugs or substances will not be allowed to join the tour, and their reservation will be cancelled, with no refund offered.
- Mint Tours will not be held liable for any accidents that occur before, during or after a tour.
FORCE MAJEURE
In no event will Mint Tours be responsible or liable for any failure or delay in its performance of the Services or any obligation under these Terms that is due to any cause or event that is outside of its reasonable control such as, by way of illustration and by not by way of limitation, acts of God, accident, riots, war, terrorist acts, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy (a “Force Majeure”).
CLAIMS AND COMPLAINTS
If you have a complaint about your tour please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. After returning from your tour, if you wish to further inquire about any services provided, please ensure that all correspondence relating to those services is sent to Mint Tours at the address listed below.
As it is difficult and sometimes impossible to properly investigate a complaint if Mint Tours is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause.
SEVERABILITY
In the event that any term or condition contained in these Terms is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
MODEL RELEASE
You agree to our usage of photos and videos taken while on trips with Mint Tours, for the sole promotion of Mint Tours’ current and future business. If you do not wish to have your likeness used, we require written confirmation, prior to departure on your trip.
We may also request that you sign and return to us a photo release.
INDEMNITY
You agree to indemnify, defend (at our option), and hold harmless Mint Tours, its licensors, affiliates, successors and assigns, and each of their respective officers, directors, employees, contractors, agents, and representatives for, from and against any and all liability, loss, penalties, fines, claims, actions, proceedings, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or relating to: (i) you or your delegate’s access or use of the Services or participation in a tour; (ii) your negligence or more willful misconduct; (iii) your violation or failure to comply with applicable laws; (iv) your violation of any third party rights; (v) damage or injury to persons or property (including death), to the extent arising from your acts or omissions; (vi) your unauthorized use of any information obtained from or through the Mint Tours website; and (vii) you or your delegate’s breach of these Terms or any additional terms and conditions applicable to the provision or use of the Services.
Mint Tours reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with Mint Tours in the defense thereof. Mint Tours assumption of the defense will not affect, limit or otherwise impair your indemnification obligations set forth herein.
GOVERNING LAW
These Terms and any Disputes will be governed by the laws of the State of Nevada, USA, excluding its conflicts of laws principles.
DISPUTES
Please read the following section carefully because it requires you to arbitrate certain disputes with Mint Tours and limits the way you can seek relief from Mint Tours. If you do not agree with this section, please do not use our Services or otherwise book a tour with us.
Binding Arbitration
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Mint Tours: (i) waive the right to have any and all disputes or claims arising from these Terms or your participation in a tour (collectively, “Disputes”) resolved in a court; and (ii) waive any right to a jury trial. Instead, you and Mint Tours will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it, instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions
You agree that any Dispute is personal to you and Mint Tours and that any such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual makes an attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Mint Tours agree that a Dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal Arbitration Act
You agree that these Terms affect interstate commerce and that the enforceability of this section shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable laws.
Process
You agree that you will notify us in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to Mint Tours shall be provided by sending an email to [email protected]. Your notice must include: (i) your name, postal address, and email address; (ii) a description of the nature or basis of the Dispute; and (iii) the specific relief that you are seeking. If we cannot agree how to resolve the Dispute within thirty (30) days of Mint Tours receiving the notice, either you or Mint Tours may, as provided for in this section, commence an arbitration proceeding or file a claim in court (to the extent such Dispute is permitted to be resolved in court pursuant to this section). You have read, understand, and agree that: (a) any arbitration will occur in Nevada, USA, or as determined by Mint Tours; (b) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) the state or federal courts in the State of Nevada will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. You may also litigate a Dispute in small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator
As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have: (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Rules of JAMS
The rules of, and additional information about, JAMS are available on the JAMS website at https://www.jamsadr.com/adr-rules-procedures/, as may be updated from time to time. By agreeing to be bound by these Terms, you either: (i) acknowledge and agree that you have read and understand the rules of JAMS; or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
DISCLAIMER
THE SERVICES AND OUR TOURS ARE PROVIDED “AS IS” AND WITH ALL FAULTS. MINT TOURS DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, VALIDITY, OR NON-INFRINGEMENT.
OUR TOURS MAY INVOLVE ADVENTURE TRAVEL, HIGH ALTITUDES, AND OTHER ACTIVITIES INVOLVING A POTENTIAL HIGH DEGREE OF RISK, INCLUDING PERSONAL INJURY AND POSSIBLY DEATH. IN BOOKING A TOUR WITH US, YOU AGREE THAT YOU ARE AWARE OF SUCH RISKS AND THAT YOU ACCEPT SUCH RISKS FREELY AND KNOWINGLY. YOUR PARTICIPATION IN A TOUR IS AT YOUR SOLE RISK.
WE MAKE NO GUARANTEES REGARDING THE ACCURACY OF THE INFORMATION PROVIDED IN CONNECTION WITH A TOUR (INCLUDING ON OUR WEBSITE OR OTHERWISE), AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO SUCH INFORMATION, INCLUDING WITHOUT LIMITATION, AS TO ANY DESCRIPTIONS WE MAY PROVIDE REGARDING HOTELS, AIR, CAR AND OTHER TRAVEL ARRANGEMENTS, OR ANY PRODUCTS OR SERVICES (INCLUDING PRICING, PHOTOGRAPHS, AMENITIES, OR GENERAL DESCRIPTIONS). WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY ERRORS IN SUCH INFORMATION, INCLUDING ANY ERRORS IN PRICING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OR SUFFICIENCY OF ANY THIRD PARTY PRODUCTS OR SERVICES LISTED ON OUR WEBSITE OR IN THE INFORMATION WE MAY PROVIDE REGARDING A TOUR. OUR INCLUSION OR LISTING OF ANY THIRD PARTY PRODUCT OR SERVICE ON OUR WEBSITE OR IN ANY INFORMATION THAT WE MAY PROVIDE REGARDING A TOUR DOES NOT CONSTITUE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES OR THAT SUCH PRODUCTS OR SERVICES WILL BE SUFFICIENT OR FIT FOR YOUR INTENDED USE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER MINT TOURS NOR ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THESE TERMS, ANY TOUR, OR THE SERVICES, EVEN IF MINT TOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
IF FOR ANY REASON MINT TOURS IS FOUND LIABLE HEREUNDER, THEN TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT MINT TOURS AND ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO MINT TOURS IN CONNECTION WITH THE TOUR OR BOOKING FOR WHICH MINT TOURS IS ALLEGED TO BE LIABLE; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH MINT TOURS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips (COLLECTIVELY, “Third Party Supplier(S)”). Third Party Suppliers may also engage the services of local operators and subcontractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms and conditions. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
AMENDMENTS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. Your continued use of the Services following the posting of the revised Terms means that you accept and agree to the changes. We encourage you to check these Terms often for updates.
NOTICES, INCLUDING OUR ADDRESS FOR LEGAL NOTICES
We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by giving them by email or postal mail to any address that we have on file for you. You agree to update your address as appropriate.
You agree to send us notice by mailing it to “Our Address for Legal Notices” which is 520 SW Yamhill Street, Suite 600, Portland, Oregon 97204, or by emailing it to us at [email protected].
AGREEMENT; MISCELLANEOUS
These Terms, which incorporate by reference any: (i) additional terms on the Service or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Service, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in these Terms. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches. Except as set forth in the INDEMNITY section above, there are no third party beneficiaries of any part of these Terms. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Mint Tours’ prior written consent, which Mint Tours may withhold for any reason or no reason. Mint Tours may freely assign, transfer or delegate these Terms or its rights, obligations and responsibilities hereunder as Mint Tours sees fit in its sole and absolute discretion. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
NOTICE OF COPYRIGHT AGENT
Mint Tours respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Services in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Services containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
by mail: 760 SW Ninth Ave, Suite 3000 Portland, OR 97205
by email: [email protected]
Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third party rights.
NOTICE ABOUT TRADEMARKS
MINT TOURS™ and any associated logos or designs are trademarks of Mint Tours US, LLC and/or its affiliates or subsidiaries. All other trademarks and logos on the Services are the property of their respective owners. All rights are reserved.