Booking Process

Bookings can be made via our website at www.cohitours.com.

Your Booking is not confirmed until we have issued your Booking confirmation. At that point, a binding contract will be entered into between us. Full payment will be required at the time of submitting your Booking and (unless otherwise agreed), a booking confirmation will only be issued once we have received full payment from you. Tours are available on a first-come, first-served basis, and your spot in any tour will not be certain unless and until you receive a booking confirmation.

Lodging and Other Services

Admission fees, excursion fees, and fees for guided tours are not included in the tour price unless expressly stated in the tour description.

The cost of lodging is not included in the price of the tour. Unless otherwise advised, payment for other services (such as optional excursions) booked on your behalf should be made directly by you to the third-party provider.

In addition to the cancellation charges outlined in these terms, cancellation of lodging or other services may also result in your being liable for cancellation charges levied by the relevant third party provider.

Changes by Us

While the Company will attempt to provide your tour itinerary and/or services as planned, the Company reserves the right to alter itineraries and transport if we deem it reasonably necessary to do so, or if weather or acts of God or other forces majeure so require.

In the unlikely event, however, that we are required to significantly alter a material part of your tour prior to its embarkation, we will notify you of this as quickly as possible in order to enable you to decide how you wish to proceed. In such event you will be entitled:

i. to take an alternative tour of equivalent or superior quality, if available, or

ii. to take a substitute tour of lower quality if available (in which event the difference in price between the original and the substitute tour will be refunded to you); or

iii. to cancel your Booking and obtain a full refund of all monies paid by you.

Please be aware that the nature of travel involves risks and unpredictable weather and road conditions and we cannot, therefore, guarantee any departure or arrival times at any particular points of a tour itinerary.

Colorado Highland Tours is not responsible for cancellation fees levied by outside vendors in circumstances beyond our control.

Changes by You

If you wish to change any part of your confirmed Booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the Booking. While we will do our best to assist you, we cannot guarantee that we will be able to meet your request.

Where we can accommodate a change request made by you, any changes made may be subject to a $50 administration fee. In addition, you may also be required to pay any extra costs incurred by us and any costs or charges incurred or imposed by any of our suppliers in making the requested change. If we are unable to accommodate your change request and you no longer wish to travel according to the original Booking, this will be treated as a cancellation of your Booking and cancellation charges may be payable by you, as outlined in these terms.

If, once your Booking is confirmed, you are unable to travel for any reason then we will allow you to transfer your Booking to someone else (introduced by you, and who satisfies all of the conditions applicable to the Booking) provided that:

i. we are notified of this in writing at least 7 days prior to departure;

ii. an administration fee per person transferring is paid;

iii. you and/or the transferee make payment of any costs and charges incurred by us and/or imposed by our vendors or other suppliers, and

iv. the transferee agrees to these terms and conditions and all other terms of the contract between us.

No transfer requests or changes will be finally confirmed until full payment of all applicable charges referred to above have been received by the Company

Cancellation by Us

We will only cancel tours due to unavoidable and extraordinary circumstances which are outside our control or which might jeopardize your safety in our sole discretionary judgment. If we cancel your tour then we will notify you as soon as possible and we will always refund you, in full, for all sums paid by you.

Cancellation by You

If you wish to cancel your Booking after our booking confirmation has been issued, you should inform us in writing as soon as possible. The effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.

For all tours of more than one day, the following cancellation charges shall apply (depending on the effective date of cancellation):

a. cancellation more than 21 days before the tour date: 15% of the tour price;

b. cancellation less than 21 days before the tour date: 100% of the tour price;

c. in the event of a “no show” you will be charged 100% of the tour price.

Cancellation of an extended tour may also result in you becoming liable for cancellation charges in respect of any lodging, as outlined above under “Lodging and Other Services”.

Missed Departures

You are solely responsible for ensuring that you have all necessary passports, visas, and any other travel documents, and that you are at the correct departure point at the correct time. We will not accept any responsibility for your failure to do so, nor any costs or expenses incurred as a result of you failing to do so (which will be treated as a cancellation by you). No monies will be refunded for any missed departures or unused services.

Inclement Weather

Weather can change quickly in the mountains in Colorado. The Company will not be held responsible for changes in advertised itinerary if weather causes roads or attractions to be closed. The Company will respond to changing conditions quickly and will reroute any tours affected by road closures. The Company will strive to provide the highest quality alternative routes, attractions, and sight-seeing opportunities possible.

Refusal of Travel

The Company reserves the right to refuse to carry any person whose conduct or manner is likely to cause offense to or upset other passengers, or otherwise disrupt the tour. The Company also reserves the right to refuse travel to any person who is experiencing medical symptoms which the Company determines are likely to cause ill health to others or create unreasonable disruption to the tour. It is therefore vital that you ensure that you are fit to travel on the departure date.

In either of the cases mentioned above, full cancellation charges shall be applied by the Company and the Company shall have no further liability to that passenger or to any person travelling with them.

Our Liability and Actions of Suppliers

Many of the aspects of your experience are provided by independent suppliers, who provide such products and services on the basis of their own terms and conditions. In particular, tickets for travel on other carriers are subject to the normal conditions of carriage of the individual carrier. The Company may share your personal information with other carriers insofar as necessary as to enable products and services to be provided.

The Company will not accept or have any liability for any acts or omissions (whether negligent or otherwise) of any supplier or person providing services in connection with any tour unless such a person is employed by the Company. Although we will use reasonable skill and care in verifying descriptions and other information provided by third party suppliers, we cannot guarantee that all such information is accurate, complete, or correct and each such supplier remains responsible for the accuracy, completeness and correctness of the information provided to us by them.

IF FOR ANY REASON WE ARE FOUND LIABLE BY A COURT OF LAW IN COLORADO TO PAY YOU COMPENSATION, THEN (SUBJECT TO THE FOLLOWING PARAGRAPHS) THE MAXIMUM AMOUNT WHICH WE WILL BE LIABLE TO PAY TO YOU IN RESPECT OF ANY CLAIM SHALL BE LIMITED TO TWO TIMES THE PRICE PAID TO THE COMPANY FOR YOUR BOOKING, IN TOTAL. THIS LIMITATION SHALL NOT APPLY TO ANY CLAIMS RELATING TO DEATH OR PERSONAL INJURY OR FRAUD OR NEGLIGENCE (OR ANY OTHER TYPE OF CLAIM THAT CANNOT BE EXCLUDED OR LIMITED BY LAW). YOU MUST NOTIFY US OF ANY POTENTIAL CLAIMS UNDER THIS PROVISION AT THE EARLIEST OPPORTUNITY.

The Company shall not be liable for unforeseeable or indirect losses. We will not be responsible for, nor will we be liable to pay compensation for, any loss, cost, damage or claim to the extent that it results from:

i. any act and/or omission by you;

ii. the act or omission of any third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;

iii. unusual or unforeseeable circumstances beyond our (or our suppliers’) control, the consequences of which could not have been avoided even if all due care had been taken; or

iv. any event which either we or our suppliers could not, even with all due care, have foreseen or forestalled.

The Company will not be responsible for any costs incurred for any travel arrangements purchased separately from the Company.

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE VOLUNTARILY CONSENTED TO PARTICIPATE IN THE ACTIVITIES OUTLINED IN YOUR BOOKING.  YOU UNDERSTAND THAT ALL HAZARDS AND EXPOSURES CONNECTED WITH OUTDOOR ACTIVITIES INVOLVE RISK OF HARM, AND YOU ARE AWARE OF THE RISKS AND DANGERS INHERENT WITH THE ACTIVITIES, AND YOU KNOWINGLY AND WILLINGLY ASSUME THE RISK OF INJURY, INCLUDING BUT NOT LIMITED TO INJURY THAT MIGHT RESULT FROM ALTITUDE SICKNESS, INJURY FROM OTHER PARTICIPANTS, TREES, ROCKS, HOLES, BODIES OF WATER AND OTHER OBSTACLES, WHETHER OBVIOUS OR NOT OBVIOUS.  YOU AGREE THAT ANY BODILY INJURY, DEATH, OR LOSS OF PERSONAL PROPERTY AND EXPENSES AS A RESULT OF YOUR NEGLIGENCE IN THE ACTIVITIES OR ANY OTHER ACTIVITY IS YOUR SOLE RESPONSIBILITY.

YOU AGREE AND STATE THAT YOU ARE FULLY CAPABLE OF PARTICIPATING IN THE ACTIVITIES, ARE IN EXCELLENT HEALTH WITH NO KNOWN HANDICAPS THAT MIGHT HINDER YOUR FULL PARTICIPATION IN THE ACTIVITIES, AND ARE FULLY CAPABLE OF HANDLING THE HAZARDS OF TOURING, TRAFFIC, WEATHER CONDITIONS, WALKING, AND ALL AND ANY SIMILAR CONDITIONS ASSOCIATED WITH SAID ACTIVITIES.

AS LAWFUL CONSIDERATION FOR BEING PERMITTED BY THE COMPANY TO PARTICIPATE IN THE ACTIVITIES, YOU RELEASE FROM ANY LEGAL LIABILITY THE COMPANY AND ALL ITS OFFICERS, MANAGERS, ORGANIZATIONS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FOR ANY AND ALL INJURY OR DEATH CAUSED BY OR RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES WHETHER OR NOT SUCH INJURY OR DEATH WAS CAUSED BY OR RESULTING FROM THE COMPANY’S NEGLIGENCE OR ANY OTHER CAUSE.  YOU FURTHER AGREE NOT TO SUE, CLAIM AGAINST, ATTACH THE PROPERTY OF, OR PROSECUTE THE COMPANY AND ALL OF ITS OFFICERS, MANAGERS, AFFILIATED ORGANIZATIONS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FOR ANY INJURY OR DEATH CAUSED BY OR RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES PROVIDED BY THE COMPANY WHETHER OR NOT SUCH INJURY OR DEATH WAS CAUSED BY OR RESULTING FROM THE COMPANY’S NEGLIGENCE OR ANY OTHER CAUSE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OF ITS OFFICERS, MANAGERS, AFFILIATED ORGANIZATIONS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FOR ANY INJURY OR DEATH CAUSED BY OR RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES PROVIDED BY THE COMPANY WHETHER OR NOT SUCH INJURY OR DEATH WAS CAUSED BY OR RESULTING FROM OUR NEGLIGENCE OR ANY OTHER CAUSE.

THIS CONTRACT SHALL BE LEGALLY BINDING ON YOU, YOUR ESTATE, HEIRS, ASSIGNS, LEGAL GUARDIANS, AND PERSONAL REPRESENTATIVES.  YOU HAVE CAREFULLY READ THE ABOVE AND FULLY UNDERSTAND ITS CONTENTS.  YOU ARE AWARE THAT YOU ARE RELEASING CERTAIN RIGHTS THAT YOU MAY HAVE.

Special Requests

Any special requests must be made prior to submitting your Booking. While we will try to accommodate your reasonable special requests, we cannot guarantee that they will be accommodated, and failure to accommodate any special request will not be a breach of contract on our part. We cannot be held responsible for the failure or inability of outside vendors to meet your request. Please also be aware that some lodging providers may make an additional charge depending on the nature of your request. We regret that we cannot accept Bookings which are conditional on any special request being accommodated.

Disabilities and Medical Conditions, Issues and Problems

We will give reasonable best efforts toward the accommodation of disabilities and medical problems where we can but many of our tours may not be suitable for everyone. If you or any member of your party has any disability or medical issue which may affect their ability to travel, please provide us with full details at the time of submission of your Booking, so that we can advise you as to the suitability of your chosen arrangements. If we are not informed of any disabilities or medical problems in this way then we cannot be held responsible for any cost or inconvenience incurred, including cancellation fees, if we are unable to accommodate you or any member of your party.

If we are unable to accommodate the needs of the person(s) concerned, then we will not confirm your Booking or, if you did not give us details of the disability or medical problem at the time of making the booking request, we shall be entitled to cancel your Booking and you will be responsible for any appropriate cancellation charges.

Children

We do not carry children under the age of 5 on our tours. For children age 5 to age 14, child prices will vary depending on, for example, the policies of relevant lodging providers or other suppliers. Please inquire about this at the time of making your booking inquiry.

Luggage

Unless otherwise notified, passengers are restricted to one medium-sized suitcase/bag (maximum 33 pounds - 15kg) and one carry-on bag per person. Luggage is carried free of charge but at the passenger's own risk. It is each passenger's responsibility to ensure that luggage is fit for travel, sturdy and waterproof.

Smoking and Marijuana

Smoking (including e-cigarettes and marijuana) is not permitted on coaches but there are frequent stops en route for passengers who wish to smoke. While private consumption of marijuana products is legal in the State of Colorado, public smoking and consumption of these products is not. Consumption of marijuana and related products while on the coach is strictly prohibited. All other laws regarding the restriction of use of marijuana products apply, and you are responsible for following applicable state and federal law.

Complaints

We actively welcome your feedback about our services and those provided by other suppliers (such as lodging providers). If you have any complaint during the course of your tour, please bring it to the attention of your driver or tour guide as soon as possible, and we will work to resolve the matter to your satisfaction. Any complaints regarding lodging should, in the first instance, be raised with the relevant lodging provider.

If your complaint is not resolved by your tour guide or driver, and you wish to complain further, please contact us at support@cohitours.com providing all relevant information necessary to enable us to consider your complaint. This is the only method of communicating complaints which we will accept. We would request that any complaints be raised with us within 7 days of the end of your tour, as otherwise our ability to investigate the complaint properly may be affected.

Insurance

The Company strongly recommends that passengers arrange suitable travel, medical and cancellation insurance.

Data Protection

We take your privacy seriously and will always work to process your personal information in accordance with applicable data protection laws. In order to process your Booking and to ensure that your travel arrangements run smoothly, we will need to use the personal information which you provide to us (such as your name, address, contact details, any special requirements etc). Where you have consented, we may also use the information provided to keep in touch with you and to advise you of the Company’s products and services (including special offers) from time to time. We may also pass personal information on to third parties (such as lodging providers or other suppliers relevant to your Booking). We will not, however, pass your information on to anyone who is not involved in providing (or arranging the provision of) any product or service related to your Booking. We will not sell your information for marketing purposes to any third party.

Website Links

Where our websites contain links to other sites and resources provided by third parties, these links are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them. You must not establish any link to our websites unless we have given our prior express written approval.

Website and Media Content

You consent to us using images and videos of you taken during the tour for advertising and promotional purposes in any medium we choose. Our websites, including our social media accounts or other platforms, may include information and materials (including photographs) uploaded by other users of the websites. This information and these materials have not been verified or approved by us. The views expressed by other users on our websites do not represent our views or values. If you wish to complain about information or materials uploaded by other users please contact us at chris@cohitours.com

Whenever you make use of a feature that allows you to upload content to our websites, or to make contact with other users of our websites, you must comply with the following content standards in respect of any and all material which you contribute to our websites (contributions), and to any interactive services associated with it. Contributions must (i) be accurate (where they state facts), (ii) be genuinely held (where they state opinions), and (iii) comply with applicable law in the US and in any country from which they are posted. Contributions must not (i) contain any material which is defamatory of any person, (ii) contain any material which is obscene, offensive, hateful or inflammatory, (iii) promote or contain sexually explicit material; (iv) promote or describe violence or any illegal activity, (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (vi) infringe any intellectual property rights of any other person, (vii) be likely to deceive any person or to misrepresent your identity or affiliation with any person, (viii) be threatening, abusive or invade another’s privacy, or be calculated or likely to harass, upset, embarrass, alarm or annoy any other person, (ix) give the impression that they emanate from us.

YOU WARRANT THAT ANY SUCH CONTRIBUTION SHALL COMPLY WITH OUR CONTENT STANDARDS, AND YOU HEREBY INDEMNIFY US AGAINST AND SHALL BE FINANCIALLY RESPONSIBLE FOR ANY BREACH OF THAT WARRANTY. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF YOUR BREACH OF WARRANTY AND NON-COMPLIANCE WITH OUR CONTENT STANDARDS.

Any testimonials, photographs or content (which you upload to our websites or otherwise) will be considered non-confidential and non-proprietary (unless expressly stated by you in writing to support@cohitours.com). You retain all of your ownership rights in your content, but you are required to grant us a license to use, store and copy that content and to distribute and make it available to third parties. Uploading your content shall automatically grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, distribute and display such content for such purposes as we may reasonably require including, without limitation, for use in our marketing materials and publicity.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make or content you upload on our websites if, in our opinion, your post does not comply with the content standards set out above. We may also impose restrictions on the amount of content which can be uploaded at any time.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them.  If you introduce any virus, worm, or other harmful element to our websites or other digital property, you indemnify us against any damage it may cause to third parties, and you consent to being held financially responsible for any loss we suffer as a result of such introduction, whether intentional or unintentional.

Promotional Codes

The Company (or third parties on our behalf) may from time to time issue promotional codes for use in booking our tours, which may provide a discount on the price of your Booking. Promotional codes shall be valid only during the dates stated (and for the tours/departure points stated) and may only be valid for bookings made by you directly through our website and/or by phone. Promotional codes are not redeemable for cash and may be withdrawn by the Company at any time, in its discretion. Promotional codes may not be used in conjunction with any other offer. All tours are subject to availability.

Force Majeure

Unless expressly stated otherwise in these terms and conditions, we will not have any liability to you if we are prevented from fulfilling our contractual obligations to you as a result of any event which is outside our control (and/or outside the control of the supplier or provider of the service in question). Such events may include (but are not limited to) war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; traffic or road conditions or road construction or closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances.

Enforceability of Terms

If any provision of these terms and conditions is found to be illegal or unenforceable, that shall not affect the validity and enforceability of the remainder of these terms and conditions.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with Colorado law and any matter or claim arising from them shall be dealt with only by the Colorado courts. If you would like to bring a matter to our attention, please contact us by email at support@cohitours.com.

Colorado Highland Tours, LLC

Colorado Highland Tours, LLC is a registered Limited Liability Corporation in the state of Colorado, United States of America. All Rights Reserved. PO Box — Littleton, CO 80120