TERMS AND CONDITIONS
OVERVIEW
Gage Outdoor Expeditions, LLC, a Minnesota limited liability company (“GOE”, “we”, “us”, “our”) provides solo and group hunting and/or fishing expeditions and adventures, and travel tours that are purchased by a client (“Client”, “Customer”) on an individual (solo travel) and group basis. GOE offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
These Terms and Conditions represent a contractual agreement between you the guest and the company (GOE) and contain substantial penalties for cancellation, as well as specific limitations of liability. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, sellers, and/or contributors of content.
It is your responsibility to read and comprehend these Terms and Conditions before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. You will be required to actively affirm you “have Read and Agree to be Bound by the Terms and Conditions” to participate in any service provided. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services, which may result in the cancellation of your trip and forfeiture of the deposits and/or all payments.
Any new features or tools which are added to the current site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Contact info@gageoutdoor.com if you have any questions about these terms and conditions before using any services offered by Gage Outdoors Expeditions.
WAIVER AND DISCLAIMER OF LIABILITY / ASSUMPTION OF RISK
The undersigned client (“Customer”, “Client”) acknowledges that GOE acts solely as a booking agent on behalf of the outfitters, guides, game lodge, hotel, transportation provider, and any and all other service providers used in connection with Client’s trip (herinafter referred to as the “Service Provider”, “Outfitter”, or “Guide”). Client acknowledges GOE does not provide any of the above services which will or may be used during the trip and that GOE may receive a fee or commission as the booking agent.
Acting as the booking agent, GOE assumes no liability for, and the Client by acceptance of the services provided, agrees that GOE shall not be liable or responsible for any loss, expense, damage, accident, delay, inconvenience, injury, or death which results, directly or indirectly from any act or failure to act whether negligent or otherwise of any airline; charter air carrier; railroad; other providers of transportation; hotel; hunting; fishing or game lodges; camps; outfitters or guides, and further agrees that GOE makes no guarantee as to the success, quality (trophy), or quantity of fish or game that may result from such fishing, hunting or the effect of poor weather conditions. The Client shall be responsible for the cost of accommodations and associated transportation for overnights in route caused by bad weather; flight schedules; overbooking or cancellations and other events beyond the control of GOE. Baggage, personal items, and equipment are the sole responsibility of the owners at all times. Client agrees that GOE shall not be responsible for the return of any deposits and/or payments due to the cancellation or change of schedule by Client or by any provider of services other than GOE. In addition, the Client acknowledges that insurance was available that would provide compensation for lost or damaged luggage, trip cancellation, medical expenses, and supplier bankruptcy while planning for or on the trip.
GOE reserves the right to decline to accept or retain any person as a member of any trip or expedition and to cancel any trip prior to departure in which case a full refund will constitute full settlement to the Client. All quoted prices, rates, and fees are subject to change without notice, and the Client agrees to be responsible for same.
The Client also acknowledges that the trip involves inherent dangers and may require extreme physical activity. Travel and outdoor adventures, regardless of location, contain risks of death, injury, illness, and loss of property. By acknowledging this disclaimer, you voluntarily accept these risks. All trips require physical activity ranging from moderate to extreme. It is your responsibility to be prepared for the appropriate activity and we will not take any responsibility for your physical limitations or risks to you associated with the trip. By going on this trip, you are representing to us that you have no physical limitations that will put you or others at risk on the trip.
Wound Policy: Upon pulling the trigger, if a client wounds an animal, by drawing blood or not, that is their animal. If the wound is felt by the guide and/or outfitter to be fatal or possibly fatal then the clients’ hunt is over, unless the outfitter feels like the situation warrants another opportunity. Every effort will be made to recover it within the allotted timeframe of the hunt. If unable to recover said Animal, the outfitter’s obligation is fulfilled and the hunt is complete. This is solely at the discretion of the guide and/or outfitter.
By signing this agreement, you are also granting GOE full permission to use any photos, video footage, or testimonials containing your name/face for the purpose of marketing, publicizing, and promoting the trip and/or GOE without additional approval by Customer. Customer waives any right to be compensated for the use of his/her name, statements and images, and releases GOE from liability for any claims, where such claims arise out of or relate to GOE’s use of Customer’s name, statement or image(s).
Parties agree and consent that all issues as to Venue and/or jurisdiction to resolve any matter that may arise under the terms of this agreement shall be vested in Tom Green County, Texas. By booking a hunting, fishing, or other outdoor adventure with us you agree to the above terms and conditions.
CANCELLATION POLICY, DEPOSITS, AND PAYMENT SCHEDULE
Cancellations made less than 30 days prior to arrival forfeit the entire payment. Cancellations made less than 60 days prior to arrival forfeit 50% of the entire payment and the remaining balance is rolled forward for future use (no refunds). Cancellations made less than 90 days prior to arrival incur a $250 per person fee charged and remaining balance is rolled forward (no refunds).
A 50% deposit is due within 14 calendar days of receiving your invoice to confirm the booking. The remaining balance is due 90 days prior to the trip. If the deposit is not paid within the allotted timeframe or Client fails to respond to payment notification by GOE within 10 days following notice from GOE, all deposits and payments shall be forfeited and your booking will be removed from the calendar.
DISBURSEMENT OF PAYMENTS
GOE at times may use intermediaries and 3rd-party suppliers to arrange lodging, transportation, sightseeing, guides, and all other services related to the tours offered and must enter into binding contractual agreements on your behalf in order to provide these services to you and for the group as a whole.
Client payments, when due, are distributed to pay expenses for administering your reservation, planning for your participation, and paying intermediaries and 3rd-party suppliers to ensure availability of services and activities as described in the event/trip you have booked.
Client acknowledges and agrees that each payment collected is non-refundable and/or subject to cancellation fees upon the due date of the payment.
TRAVEL INSURANCE
GOE does not sell travel protection plans (aka travel insurance). Client acknowledges it is their responsibility to determine the amount of coverage they need to acquire to protect their investment from the risk of financial loss, to understand the coverage elected to purchase, and to be knowledgeable of thel protection plan’s terms and conditions. Clients are encouraged to purchase the broadest amount of coverage with the least restrictions.
Declining to purchase an adequate travel protection plan could result in the loss of the amount paid and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses however arising, for which trip protection plan coverage would otherwise have been available. This includes unforeseen or unknowable events that may impact travel or onsite/ground weather conditions.
Submitting an Insurance Claim: Client acknowledges they must cancel the tour prior to submitting an insurance claim. Remaining on the tour while attempting to be reimbursed by insurance is unlawful.
Should Gage Outdoor Expeditions become aware the client has submitted an insurance claim without prior written notification of cancellation, client acknowledges she will be removed from the tour effective the date Gage Outdoor Expeditions becomes aware of the insurance claim and cancellation fees will be imposed as allowed by these terms and conditions.
Failure of Insurance Company to Pay Claim: Client acknowledges that Gage Outdoor Expeditions is not responsible should client’s chosen coverage from her insurance company fail to pay her claim, in part or in whole, and agrees she will not reverse legitimately authorized payments to GOE to recover the financial loss. Client further acknowledges she will not be refunded any additional monies by Gage Outdoor Expeditions and must make a new reservation if she wishes to rejoin the tour.
1.5 USE OF FORMS AND EMAIL
FORMS:
ALL business transactions (100%) with Gage Outdoor Expeditions are conducted through our websites (www.gageoutdoor.com, www.bbgage.com, www.helicopterpighunting.com, www.dividedfind.com, www.thunderstik.com, www.roosterridgelodge.com). This includes, but is not limited to, booking a spot on a tour, becoming a member, making tour payments, providing information required to travel, and cancelling a tour.
Gage Outdoor Expeditions uses FORMS on this website to collect information and payments from you and to receive instructions from you. At the time of any FORM submission, you will be asked to confirm that you have read and agree to be bound by GOE’s terms and conditions.
GOE’s Terms & Conditions must be actively acknowledged by checking the “I have Read and Agree to be Bound by GOE’s Terms and Conditions” box in order for the Submit button on the Form to function.
EMAILS:
We use emails to confirm business transactions and to communicate with you. You agree to provide a valid email address – that belongs to you – to establish a business relationship with us. You further agree to receive emails from @gageoutdoor.com and @bbgage.com regarding the services you have purchased from us.
You acknowledge emails from us contain important information regarding the services you purchased and that some may require you to act by a certain date. Further, you acknowledge that your failure to read emails from GOE or failure to take action by a certain date does not release you from any terms and conditions contained herein.
In the event you change your email address, it is your responsibility to notify GOE immediately via email to: info@gageoutdoor.com, SUBJECT: Change of Email for [Last Name]. Provide your old and new email address in the text of the email.
1.6 AUTHORIZATION TO CHARGE CLIENT’S CREDIT CARD, ACH BANK ACCOUNT, AND ELECTRONIC SIGNATURE
By submitting a FORM that will result in a charge to your credit card or bank account you are providing your electronic signature that you have authorized GOE to charge your credit card the specified amount on the FORM. The Confirmation Email we send to you after we have charged your credit card is your RECEIPT. It is the client’s responsibility to verify the amount charged is accurate and notify GOE immediately if an error is discovered.
1.6.1 Illegitimate Disputes: Client acknowledges and agrees that initiating a dispute over the legitimacy of a credit card charge she previously authorized is illegitimate in the following cases:
1) To dispute any previously authorized payment that did not represent a mistake in the amount charged by GOE.
2) To attempt to recover non-refundable payments and/or cancellation fees imposed by these Terms and Conditions.
3) To attempt to recover financial loss after client-purchased travel insurance fails to pay a claim, in part or in whole, for any reason.
1.6.2 Illegitimate Dispute Actions and Fee Assessment: Client acknowledges that Gage Outdoor Expeditions must expend significant resources to refute illegitimate disputes. Client agrees GOE is entitled to assess fees in the amount of $500 per disputed charge to recoup our expenses. If the client has anyaccount credits toward future travel, these credits will be forfeited to compensate Gage Outdoor Expeditions. If the illegitimate dispute is associated with a tour the traveler is currently registered for, she will be removed from the tour on the date GOE is notified of the dispute.
Client acknowledges Gage Outdoor Expeditions reserves the right to refuse future credit card payments from the client, and/or refuse future reservations from client, and/or bring legal action for initiating an illegitimate reversal, and/or hire a collection agency to recover any financial losses as a result of the illegitimate reversal.
1.7 CHANGES TO TERMS AND CONDITIONS
Gage Outdoor Expeditions reserves the right to change these terms and conditions at any time. Your continued use of our website and services provided by Gage Outdoor Expeditions constitute your agreement with the new terms and conditions. If the changes to the terms and conditions are material, GOE will inform you by posting a notice on this website before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms and conditions will go into effect for all users. If you do not agree with the new terms and conditions, you may cancel your reservation and/or membership in writing prior to the conclusion of the Notice Period. Should you cancel during the Notice Period, GOE will apply the cancellation fees in effect for your tour or membership immediately prior to the date of the posting of the updated Terms and Conditions.
1.8 ACCEPTANCE OF TERMS
Acceptance of these terms and conditions, along with the requirements to participate in a tour, and other official documents provided to you as part of the delivery of the tour, without regard to membership status, and in addition to our privacy policy, constitute the entire agreement between you and Gage Outdoor Expeditions and both parties agree to be legally bound by the terms and conditions set forth in this agreement.
2.0 PREPARING TO TRAVEL
2.1 DOCUMENTS REQUIRED TO TRAVEL
– It is the traveler’s responsibility to obtain and present the required documents necessary for travel. This includes, but is not limited to, a valid government-issued photo ID, passport, visa, Letter of Invitation, shot record, proof of medical evacuation insurance, and any other documentation that may be required at time of travel.
– Travelers who have any question as to their ability to obtain and present the required documents necessary to travel to a country should address their questions to the embassy or consulate of the country to which they will be traveling.
2.2 INFORMATION REQUIRED BY GOE
GOE requires the following information be provided (when requested) no later than the tour’s Final Payment Due Date to facilitate arrangements for your participation in the group tour. Failure to provide the required information can result in removal from the tour with terms subject to the cancellation policy.
Emergency contact and other information GOE collects on the Confidential Form is essential for solo traveler safety should an incident occur. We share the dietary information; the other information is held in confidence and is only used in case of an emergency.
Travel Arrangements. This information is required to know when to expect travelers, and when applicable, to arrange transfers.
Passport data is required for all international travel. Passport information is only shared when required by local authorities, to book international flights, and to assist in replacing a lost or stolen passport.
2.3 ADDITIONAL FORMS AND INFORMATION REQUIRED TO PARTICIPATE IN A TOUR AND/OR IN SPECIFIC ACTIVITIES
Participation in certain tours and/or specific activities offered as part of a tour may require the participant to sign and return forms and provide information about themselves including, but not limited to release forms, consent agreements, waivers of liability, and/or disclosure of weight, height, and other personal details. These documents and information requirements are in addition to and do not replace any of the Terms and Conditions contained herein.
Failure to sign and return required documents and/or provide required personal information by the date stipulated by GOE for participation in the tour and/or activities of the tour will result in denial of services in part or in full. No money will be refunded for any portion of the tour and/or activities unused due to refusal on the part of the traveler to provide required information and/or sign and return participation agreements.
2.4 DENIAL OF PARTICIPATION IN TOUR
Client acknowledges and agrees that Gage Outdoor Expeditions can remove you from a tour you are registered for, for the reasons listed below.
2.4.1: Non-Payment: Client acknowledges that she will be removed from a tour if she has not made a required payment by the stated payment due date. She will receive an email reminding her the payment is past due, and the date on which she will be removed from the tour if the payment is not received. Once removed from the tour for non-payment, GOE will email the client that she has been removed from the tour. Cancellation penalties will be applied based on the date of removal from the tour.
2.4.2: Non-Compliance with Payment Requirements: Client acknowledges that the dispute of legitimate (i.e. not in error) credit card charge(s) makes her no longer in compliance with the payment requirements for the tour. Client acknowledges she will be removed from the tour on the date GOE is notified of the dispute. Client agrees that should the client-initiated dispute be resolved in the favor of Gage Outdoor Expeditions, GOE is entitled to assess fees in the amount of $500 per disputed charge to recoup our expenses or to impose the cancellation penalty in effect at the time GOE became aware of the dispute, whichever is greater. Client acknowledges she must submit a new reservation and meet the payment requirements should she wish to rejoin the tour after the dispute has been resolved.
2.4.3: Failure to Provide Required Information: Client acknowledges that she will be removed from the tour if she fails to provide required information by the date stipulated by GOE for participation in the tour. This includes, but is not limited to, missing valid passport information that interferes with group reservations, missing proof of mandatory emergency evacuation insurance that interferes with group reservations, and/or failure to sign and return required forms and/or required information necessary cfor participation in the tour. GOE will email traveler a final request and give her 48 hours to comply before removing you from the tour. Cancellation penalties will be applied based on the date of removal from the tour..
2.4.4: At GOE’s Sole Discretion: Client acknowledges that Gage Outdoor Expeditions reserves the right to remove any client from the tour prior to departure to the safety of the client and/or protect group participants. This includes, but is not limited to, indications of cognitive impairment such as dementia, abusive language and/or threatening behavior towards GOE Staff or group participants, or discovery that the client does not meet minimum requirements for participation in the tour. GOE will notify the traveler of her removal from the tour and reserves the right to impose all cancellation penalties in effect at time of removal from tour. GOE reserves the right to refuse any future reservations from the client.
3.0 CANCELLATION BY GAGE OUTDOOR EXPEDITIONS
3.1 TOURS IMPACTED BY NEW OR ONGOING TRAVEL DISRUPTIONS
GOE reserves the right at our sole discretion to cancel or reschedule any tour at any time prior to the tour’s scheduled start date when new or ongoing travel disruptions – that are beyond the control of and due to no fault of GOE – could/do materially impact the ability of Gage Outdoor Expeditions to deliver the promised tour services or could/do endanger the health and safety of our travelers.
While these events are rare, conditions such as terrorist activities, acts of God/Nature, government restrictions to travel, transportation strikes, and other situations unforeseen or unnamed, can and do happen.
Client acknowledges and agrees that the only potential recourse for reimbursement should these events occur is through the purchase of travel insurance that would cover such events.
3.2 FORCE MAJEURE (SUPERIOR FORCE)
No compensation or refund shall be due to the traveler from GOE for failure to perform obligations related to delivery of tour services if such failure, whether in whole or in part, occurs at or less than 96 hours prior to the tour start date, or while the tour is in progress, and is a result of acts of God/Nature (including fire, flood, earthquake, storm, hurricane, volcano eruption, epidemics, pandemics, or other natural disasters), war, invasion, acts of foreign enemies, cyber-attacks, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalism, government sanction, government border closures, government enforced quarantine, blockage, embargo, labor dispute, strike, lockout or interruption or failure of any mode of transportation, electricity, internet or telephone services, or anything else unforeseen or unnamed, any one of which could make delivery of tour services impaired or impossible to deliver or perform.
– Should such an event occur, GOE will work to determine if any remuneration may be available from the 3rd-party suppliers.
– GOE will communicate in writing to all travelers the results of our attempts for remuneration.
– Client acknowledges that determining the possibility of remuneration takes an indeterminable amount time.
– Client acknowledges and agrees that the filing of an insurance claim, and/or taking an illegitimate action to dispute a previously authorized credit card charge at any time will result in forfeiture of all rights to any remuneration.
– Client further acknowledges and agrees that should she reject in whole or in part the proffered final terms of remuneration, she waives all rights to recompense from Gage Outdoor Expeditions.
4.0 TRAVEL DISCLOSURES
4.1 USE OF INTERMEDIARIES AND 3RD-PARTY SUPPLIERS
GOE, and its employees, shareholders, agents, and representatives use intermediaries and 3rd-party suppliers to arrange lodging, transportation, sightseeing, guides, and all other services related to this tour. GOE is an independent contractor and is not an employee, agent, or representative of any of these intermediaries and suppliers. GOE does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your tour unless explicitly disclosed in the tour details. GOE is not affiliated with any other tour operator. All intermediaries and suppliers are independent contractors and are not agents or employees or representatives of GOE.
Some GOE tours, as noted in the itinerary, are scheduled with 3rd-party suppliers who sell their tours to the general public (example: a cruise ship, train, various available-to-the-public activities, etc.). The traveler acknowledges that other groups and/or individuals may be a part of the same tour or activity.
All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither GOE, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of GOE.
GOE assumes no responsibility or liability, in whole or in part, for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; and GOE shall be relieved of any obligations under these terms and conditions in the event of result of acts of God (including fire, flood, earthquake, storm, hurricane, volcano eruption, epidemics, pandemics, or other natural disasters), war, invasion, acts of foreign enemies, cyber-attacks, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalism, government sanction, government border closures, government enforced quarantine, blockage, embargo, labor dispute, strike, lockout or interruption or failure of any mode of transportation, electricity, internet or telephone services, or illness, accident, or death, or anything else unforeseen or unnamed, any one of which could delay or cause cancellation of services.
Client acknowledges and agrees that the only potential recourse for reimbursement should these events occur is through the purchase of travel insurance that would cover such events.
4.2 RISK TOLERANCE
By offering reservations for travel in particular international destinations, GOE does not represent or warrant that travel to such areas is advisable or without risk. GOE will not be liable for damages or losses that result from travel to such destinations. It is the traveler’s responsibility to determine her level of risk tolerance, including the decision to participate in a tour to a locale, city, country or continent where alerts and warnings have been or could be issued by official government agencies on or before the tour start date. If the tour is still scheduled to operate and the traveler cancels, regardless of the reason, standard cancellation penalties apply.
4.3 ADDITIONAL RISKS
Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks.
As lawful consideration for the agreement with GOE to participate in such tours and activities, you agree you will not make a claim against GOE, its related companies or its personnel, or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the tour. You release GOE, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a tour. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.
Where the guest occupies a motor coach seat fitted with a safety belt, neither GOE nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
5.0 USE OF TRAVELERS’ IMAGES IN PROMOTIONAL MATERIALS
Photographs and video taken by Gage Outdoor Expeditions Tour Leaders and other GOE representatives while on tour are the property of GOE and may be used in promotional materials. Any traveler who does not wish to have her photograph or video footage used in promotional material MUST advise GOE in writing no later than the tour’s Final Payment Due Date