Acknowledgment and Assumption of Risks, Release of Liability and Indemnity Agreement
Cardiff Day Trips, Trading name of GOTO TRAVEL, organizes day trips in the UK. In joining a trip, I (and in the event that the participant is a minor, the parents or guardians) agree to the following terms of this Agreement:
I understand that UK domestic travel includes certain inherent and other risks and dangers, all of which are too numerous to list, which include, but are not limited to, acts of God, terrorism, civil unrest, hazards of travel in difficult terrain, weather (including mudslides, rockslides, sandstorms and heavy rain) motor vehicles, animal, or other conveyance, exposure to disease, drowning, accidents, bites, and the negligent acts or omissions of GOTO Travel, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, all other participants in the tours and all other persons or entities acting in any capacity on GOTO Travel’s behalf. I further acknowledge that the forces of nature, crime, civil unrest and personal injury or illness in remote areas without means of rapid evacuation or adequate medical care or supplies are risks which exist in adventure travel. These risks cannot be eliminated and I willingly assume these risks. I understand that any of these risks may result in bodily or emotional injury, death and/or damage to property, including lost luggage or other belongings, to myself or to third parties.
I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in the activities I have booked or my safety in this activity, or else I am willing to assume all risks that may be created, directly or indirectly, by any such condition. I hereby authorize GOTO Travel to arrange for any emergency medical treatment and hospitalization as may be necessary for me without my further consent. (Medical form with consent to be filled in with insurance details) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in my tour destination country. I agree to bear the costs of such injury or damage myself and all related costs, such as evacuation, etc.
I have been strongly advised to obtain travel insurance which, under certain circumstances, insures against unforeseen travel issues and risks such as inability to participate in the tours, bankruptcies, cancellations, interruptions, delays, lost/stolen/damaged travel documents and personal property, medical expenses, evacuation and other emergency transportation.
I have been advised of the GOTO Travel’s cancellation policy:
As an independent company, GOTO Travel will refer participants to travel industry suppliers, outfitters and guides who are not employees or agents of GOTO Travel, including but not limited to suppliers of accommodations, meals, transportation (ground, water and air), recreational and leisure activities and entertainment for certain activities. GOTO Travel does not supervise the operations of these Companies and cannot be responsible for the services or goods provided, the operations of the Companies or the negligence of the Companies and GOTO Travel disclaims any responsibility or liability therefore. GOTO Travel makes no warranties, express or implied, with respect to any services provided by other Companies. It is the responsibility of these other Companies, and not of GOTO Travel, to comply with applicable laws, to take adequate safety measures and to otherwise adequately supply goods and services.
Understanding the risks described in this document, I agree for myself, all of my family, including my spouse, minor children, and heirs and representatives to release GOTO Travel, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, all other participants in the holiday, and all other persons or entities acting in any capacity on GOTO Travel’s behalf from any and all claims (INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF GOTO TRAVEL OR ANY OF THE COMPANIES), demands for loss, damages (including without limitation damages related to the inherent risks and other dangers discussed above), injuries (including without limitation sickness, bodily or emotional injury or death), damage to property (including without limitation lost luggage or other belongings) or any other causes of action relating in any way to my participation in the trip, tour or holiday, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM GOTO TRAVEL’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against GOTO Travel, I agree to indemnify GOTO Travel and pay all damages, costs, fees, expenses and solicitor’s fees incurred by GOTO Travel in defending such a lawsuit or such claims. In no event will GOTO Travel’s liability to a traveler be greater than the amount of the fees paid by the traveler to GOTO Travel for the trip, tour or etc, even if the amount of damages suffered by the traveler may be greater than this amount. Furthermore, in no event will GOTO Travel be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
I agree that the interpretation of this document or of any other aspect of my relationship with GOTO Travel shall be governed by the law of my tour’s destination country and that any legal action shall only be brought in that country. If any provision of this document is found to be invalid or unenforceable, the remaining provisions of this document shall be enforceable to the maximum extent permitted by law. I hereby waive the right to trial by jury.
With respect to any minor child listed below, I warrant that I am the parent or guardian of such child and that I have the authority to make decisions as to my child’s participation in recreational activities such as this tour. I HEREBY CONSENT TO MY CHILD PARTICIPATING IN THE TRIP, TOUR OR HOLIDAY, AND I UNDERSTAND AND AGREE THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH MYSELF AND MY CHILD.
This is the entire agreement of GOTO Travel and myself regarding liability for the trip, tour or holiday, which supersedes all prior statements, representations or warranties, oral or written, express or implied.
I consent to having any photograph of me or my family members used, published or sold (without compensation to me or them) by GOTO Travel.