TerraViva Journeys Terms & Conditions for Tours & Walks
These terms and conditions contain legal obligations, waivers of liability and express assumptions of risk. You should read this entire document carefully. Any purchases made through rivsitesandbites.com (the website) are subject to these terms and conditions.
These terms and conditions represent an agreement between the participant (“You”, “Participant”) and TerraViva Journeys, LLC (“TerraViva”, “I”, “me” “my”). By making a booking and in consideration for the opportunity to participate in a TerraViva Journeys tour/walk, You agree to these terms and conditions on behalf of You and all individuals included in Your booking. The lead participant assumes the responsibility of sharing these Terms and Conditions with each tour/walk participant, including payment of all amounts when due.
In the case the booking is made by a travel agent the agent is responsible to provide all customers with a copy of our terms and conditions. It is the responsibility of each participant to read our Terms and Conditions in its entirety. The services to be provided are those in your booking confirmation. No alterations or variations to these terms and conditions are effective unless made in writing by and under the authority of TerraViva Journeys. You agree to be bound by the terms and conditions that are in effect at the time of your tour or cancellation, whichever applies. You agree that is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.
2. Advance Waiver of Liability and Assumption of Risk
On behalf of You and Your next of kin, heirs and representatives, You release from all liability and promise not to sue TerraViva Journeys, including its owner, volunteers and contractors (collectively “Released Parties”), from any and all claims, including claims of the Released Parties’ negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss suffered because of Your participation in Your tour or walk, including travel to, from and during the tour/walk, and Your and other participants’ use of alcohol during the tour/walk (NOTE: alcohol is not served on any tour or walk).
You acknowledge that You are voluntarily participating in this tour/walk. You acknowledge that You are aware of the risks associated with traveling to and from and participating in this tour/walk, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death (don’t be scared–I have to mention this stuff but my tours/walks are very safe and non-risky!). You acknowledge that You understand that these injuries or outcomes may arise from Your own or other’s actions, inaction, or negligence; conditions related to travel; use of alcohol (e.g., before the walk/tour), or the condition of the tour location(s). Nonetheless, You acknowledge that You assume all related risks, both known or unknown to You, of Your participation in this tour, including travel to, from and during the tour.
Covid 19: You expressly acknowledge that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which this tour will take place. You acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). You also understand that if you are older or have underlying conditions, you may be more prone to serious infection and death due to COVID-19. As a result of the highly infectious nature of this disease, federal, state, and local governments and federal and state health agencies recommend various precautions. You acknowledge that, TerraViva Journeys, its agents, owner, contractors, affiliates, and suppliers, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively “TerraViva”), has taken steps to mitigate the potential for transmittal of, and exposure to COVID 19 during the tour, but that exposure to such viruses or disease is an inherent risk of participating in the tour, one that cannot be eliminated by TerraViva Journeys.
By booking your tour with me, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for myself and any minors traveling with me, that you or they may be exposed to or infected by COVID-19 by participating in the tour and that such exposure or infection may result in personal injury, illness, permanent disability, and death. you understand that the risk of becoming exposed to or infected by COVID-19 while on the tour, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, TerraViva Journeys owner, contractors, agents, affiliates, suppliers, and other participants in the tour. You understand the description of the risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, death or any other loss. You agree that having considered these risks, you, for yourself and any minors traveling with you, desire to participate in the tour and you freely and voluntarily assume complete personal responsibility for the risk of exposure, illness and death due to COVID-19, for yourself and any minors traveling with you, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed.
You agree to hold the Released Parties harmless from any and all claims, injury, disability, death, or loss or damage to person, including attorney’s fees or damage to Your personal property, that may occur as a result of Your participation in this tour/walk, including travel to, from and during the tour/walk whether caused by negligence or otherwise, TerraViva Journeys, its owner, contractors, agents, affiliates, suppliers (collectively TerraViva Journeys). Furthermore, without limitation, TerraViva Journeys is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, epidemics, pandemics, acts of government, quarantine. You agree that this release shall be legally binding upon you personally, all members of your family and all minors participating with you, yours and their heirs, successors, assigns, and legal representatives, it being your intention fully to assume all the risks associated with thistour/walk and to release TerraViva Journeysfrom any and all liabilities to the maximum extent permitted by law.
You agree to indemnify TerraViva Journeys from any and all claims made against it based on your actions, omissions, and/or breach of its’ Terms and Conditions. If You need medical treatment, You agree to be financially responsible for any costs incurred as a result of such treatment. You acknowledge that You are aware and understand that You should carry Your own health insurance. You understand that TerraViva Journeys has no responsibility to provide medical care to participants, and has made no offer or promise to do so. You authorize TerraViva Journeys to obtain medical care on your behalf and/or to transport you to a medical facility, if necessary, and you hereby release TerraViva Journeys from any and all liability arising from its obtaining medical care on your behalf or transporting you to a medical facility.
You acknowledge that You understand the legal consequences of this document, including:
- (a) releasing the Released Parties from all liability;
- (b) promising not to sue the Released Parties;
- (c) and assuming all risks of participating in this tour/walk, including travel to, from and during the tour/walk.
This Waiver of Liability and Express Assumption of Risk is written to be as broad and inclusive as legally permitted by the State of Florida.
You agree to defend and indemnify TerraViva Journeys, my affiliates, and distributors, and any of their officers, directors, employees, and agents (“Indemnified Parties”), from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, and other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees and costs brought by third parties arising out of or resulting from:
- Your wrongful or negligent acts or omissions;
- Wrongful or negligent acts or omissions of other people for which You are responsible;
- Your breach of this agreement or documents referenced in this agreement;
- Your violation of any law or the rights of a third party; and/or
- Your use of TerraVivaJourneys.com or LittleHavanaExperiences.com website.
4. No liability for Acts or Omissions of Third Parties
TerraViva Journeys occasionally coordinates with various businesses and contractors for specialty tours/walks or workshops. Examples include transportation companies, chefs, venues, dancers, and other service providers and vendors. The persons or companies engaged in conducting those services are not employees or agents of TerraViva Journeys. All such persons and entities are independent contractors.
All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each service provider, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that TerraViva Journeys assumes no liability for any loss, accident, property damage, delay, inconvenience, expense or injury to You or any persons traveling with You owing to any act of default or negligence caused by any person or company engaged in providing those services.
You agree that if a service provider causes damage or loss to you, that such service provider is solely responsible for compensation and you waive all rights, causes or action and claims for indemnity against TerraViva Journeys. You agree to hold harmless TerraViva Journeys from liability caused by any act or omission of yourself or any employee, member, guest, invitee, or of any third party of yourself, or arising from the use of any facility, equipment, transportation or other instrumentation used or provided to you.
Prices for Guided Tours. The prices appearing on the website are the current rates and can change without notice. Once a traveler has booked a TerraViva Journeys tour/walk, the traveler/participant will not be required to pay any difference in the event of a price increase. Riverside Sites and Bites will not refund the balance of any price reduction.
Child rate. My child rates apply at the time of the tour, not the time of booking. Proof of age must be available for inspection on the day of travel. If a traveler is identified as not qualifying for a child price (if a child price is available for the tour), the traveler will be required to provide the balance of difference between the adult rate and child rate for the tour before being permitted to start the trip.
Per person. All prices listed are on a per traveler basis unless otherwise stated.
Inclusions. Prices include only the items indicated on the tour description on the website.
Exclusions. Prices do not include:
- Tips and gratuities. If you are happy with the services provided by me, a tip — though not compulsory — is appropriate. While it may not be customary to you, it is of great significance to me, inspires excellent service, and is an entrenched feature of the tourism industry across the United States. Please consider this when budgeting for your extra expenses on your tour.
- Items of a personal nature. These items include, but are not limited to snacks, meals, and drinks not specifically indicated in the inclusions section of the tour description.
Prices for Custom Tours. TerraViva Journeys also offers custom tour planning. I will assess your needs and preferences and then create a tour/walk for you and your group.
My custom tours take hours to plan. Thus, I require a non-refundable Planning Fee of $200, in order to commence the custom tour planning process. This payment goes towards the overall cost of your itinerary. After receipt of the Planning Fee I will provide you with a preliminary tour itinerary. I allow for one round of changes free of charge. Further amendments will be charged a $50 non-refundable administrative fee per change. After any changes are completed a you will be provided an invoice indicating the final payment amount and due date. I reserve the right to cancel your tour if I do not receive payment, or if your payment is declined. Should you choose to cancel a custom tour, the planning fee is non-refundable.
Credit cards. TerraViva Journeys accepts all major credit cards. While I do accept major credit cards, you must provide a click and/or signed authorization for every payment. Your authorization is a binding agreement for me to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in these Terms and Conditions. In the event you attempt to chargeback, reverse, or recollect a booking payment already made without the authorization of TerraViva Journeys, I reserve the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including, without limitation, attorney fees. Travel Agents assume financial responsibility for any chargebacks initiated by their clients.
Payment due. Full payment is required at the time of booking.
7. Cancellations/no-shows and amendments to bookings
Cancellation fees. Cancellation fees may apply to any cancellations by the traveler of a service provided by TerraViva Journeys. Unless otherwise specified, the cancellation policy is as follows:
- Cancellations made more than 72 hours prior to travel receive a full refund;
- Cancellations made 48 hours or less prior to travel require the traveler to pay for the tour in full, and no refund will be issued.
If the cancellation is for a custom tour in addition to the policy above, any refund will be less the planning fee.
Unused portions of tours. No refund is provided for any unused portion of a tour, including the entire tour in the event a traveler does not commence at the designated start point of the tour.
Cancellations by TerraViva Journeys. I may cancel a tour at any time prior to departure. If I cancel your tour/walk for any reason other than a “force majeure” event, you can transfer amounts paid to an alternate tour, walk or other service of TerraViva Journeys or, alternatively, receive a full refund. In the event Your booking is cancelled, I am not responsible for any expenses You may have incurred as a result of Your booking, including but not limited to visas, vaccinations, travel insurance, transportation costs, lodging costs, fees, and taxes.
Force Majeure. TerraViva Journeys may be forced to cancel a tour/walk where circumstances amounting to ‘force majeure: rise’. In this situation TerraViva Journeys will not make any refunds or pay any compensation or be responsible for any costs or expenses incurred by You as a result and our cancellation terms above will apply. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemics/pandemics or the threat thereof, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
Amendments to itineraries by TerraViva Journeys. While I endeavor to operate all tours/walks as described; I reserve the right to change the tour/walk itinerary. The itinerary provided for each tour/walk is representative of the activities planned; however, the route, amenities, stops, and modes of transport may be subject to change without prior notice due to local circumstances or events. If I make a major change before departure, I will inform you as soon as reasonably possible. I reserve the right to change an itinerary after departure due to local circumstances or events outside of my control. Such changes will not be considered as material and no refund will be available.
8. Confirmation and vouchers
Confirmation. Upon receipt of full payment, you will receive a voucher via email for the booked tour.
Voucher. The lead traveler must present the original voucher issued by TerraViva Journeys or the booking entity at the start of the tour. TerraViva Journeys reserves the right to refuse service to any traveler not able to provide their voucher to their guide at the beginning of the tour/walk.
9. Your Tour/Walk
Timeliness. Participants must adhere to the start time set out in the information on their voucher/receipt. In the event a participant/traveler is not at the designated starting point within 10 minutes of the start time provided, TerraViva Journeys will consider the traveler to be a “no show” and the tour/walk will start without them and no refund will be provided. It is recommended that you arrive at least 10 minutes prior to the start of the tour.
Your responsibility. The traveler/participant making the booking is responsible for their own and their party’s actions. If TerraViva Journeys deems you or your party’s actions to cause danger to other travelers or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, TerraViva Journeys reserves the right to remove you from the tour effectively immediately. No refund will be supplied. You must at all times comply with the laws and customs of all places visited.
Rain or Shine. All scheduled tours will operate rain or shine, and the interary and activities of the tour/walk may shift to keep participants out of the rain.
10. Age/Health/Dietary Restrictions
Age requirements. All travelers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.
The legal guardian or their designee will be responsible for the traveler under the age of 18. Please see the tour description on the website to check whether a tour is child friendly.
Health requirements. Most tours involve walking, and some may involve step-climbing or other mild physical activities during the course of the tour. Travelers should be in good mental and physical health to fully participate. Travelers are responsible for making a determination of the appropriateness of a tour/walk in consideration of their personal limitations prior to making a reservation. I am able to provide details on mandatory health requirements; however, I am not a medical expert.
Dietary Restrictions: For safety and liability reasons, TerraViva Journeys and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same.
All special dietary requests regarding food and drink, including allergies, or dietary requirements and restrictions, are the sole responsibility of the participant. While most meal establishments can offer general options, TerraViva Journeys cannot guarantee that options will be available. Should a participant have special dietary requirements, that participant shall be solely responsible for any additional expense to their meal plan
11. Persons with Disabilities
TerraViva is happy to make reasonable accommodations to my disabled guests with adequate advance notice, but unfortunately this is only possible with a private or custom tour. In the case of a private or custom tour, I can design an itinerary that accommodates disabilities, but I am unable to provide personalized assistance, therefore, persons with special needs should be accompanied by an individual who will take full responsibility for any personalized assistance needs during the tour/walk and in the event of an emergency.
12. Travel Protection
TerraViva Journeys cannot be held responsible for any liability, expenses, or losses you incur as a result of being inadequately insured. I strongly recommend that at the time of booking a comprehensive travel insurance policy is purchased. If you choose to travel without adequate coverage, I (TerraViva Journeys) will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Should you have a complaint about your tour/walk experience, I urge you to promptly notify TerraViva Journeys (me!) so the matter can be resolved if possible. If satisfaction is not reached through this notice procedure during your tour/walk, you must submit further complaint in writing to TerraViva Journeys within 30 days or travel. Complaints received outside this timeframe will not be considered and shall be considered waived and barred.
14. Photos and marketing
You consent to us using images of you taken during the tour for advertising and promotional purposes in any medium I choose, unless you have previously communicated in writing your wish to not be included. Unless we have come to an agreement otherwise, you grant me a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
By using the website or purchasing and/or using my services, the Participant agrees to be bound by the conditions outlined in these terms and conditions. When engaging with TerraViva Journeys, the participant agrees to do so for personal purposes and not for their own personal commercial gain and will not enter into or provide fraudulent requests or information to TerraViva Journeys.
By engaging with Riverside Sites and Bites, the traveler agrees to do so for lawful purposes only.
TerraViva Journeys maintains information that is accurate to the best of our knowledge; however, does not warrant that content and information provided on our website will be without error and that functionality of the website will be uninterrupted or without error. I reserve the right to correct any errors, including errors in pricing.
This agreement is governed by the laws of the State of Florida and that any disputes arising out of this agreement will heard in a court of competent jurisdiction in the State of Florida and be determined under Florida law without regard to conflict of law principles. You agree that you will only bring claims against TerraViva Journeys in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. TerraViva Journeys shall not in any case be liable for other than compensatory damages, and your payment on a tour/walk 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 TerraViva Journeys unless you have first provided a written notice of claim to TerraViva Journeys within 30 days after the tour/walk or cancellation of the tour/walk.
In the event that any term or condition contained here is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
20. Updating of terms and conditions
TerraViva Journeys, LLC reserves the right to update and/or alter these terms and conditions at any time. The latest terms and conditions can always be found on our website and will supersede any previous versions.