TERMS AND CONDITIONS OF SERVICE

Thank you for entrusting your day with us! We take that responsibility seriously and want to make your day fun, safe, and enjoyable!

When you book a tour with us, these Terms and Conditions of Service (the “Agreement”) shall govern your use and access of this online website, accessible at (the “Site" and your bookings for tours the “Services", regardless if these bookings were made through the website, by phone, by the third party or by email. The provisions determined in these Terms and Conditions of Service shall be construed as a binding agreement between you the User of the Services (the “User” or “you” or “your” or “Guest”) and Awesome Sightseeing Adventures Corp., dba Awesome Sightseeing Adventures, a company incorporated in the State of California (the “Company” or “Awesome Sightseeing Adventures.” or “Awesome Sightseeing Adventures” or “we” or “us” or “our”), which runs and controls the Services. Any use of the Services shall be pursuant with the provisions determined herein, and non-compliance may result in termination of the Services, at the Company’s sole decision.

WARNING OF HEALTH RISK
We strongly recommend that you consider any possible health risks when participating in any services, including, but not limited to, motion sickness, sensitivity to light changes, dizziness, physical conditions such as back or neck pain, high or low blood pressure, sensitivity to loud noises or sounds, and heart conditions. The services are provided to you at your own risk, and you shall be solely responsible for your own best judgement when deciding to participate in the services, any tours or other travel or activities. If you think that you are not able to participate in any activities, please warn the staff before taking any serious health related risks. Due to the COVID-19 pandemic, all safety measures put in place by the Company must be followed by both the User and the Company, its employees, and agents.

SERVICES
The Services available on the Site consist in the booking of the tours available and other similar tourism and travel related services which the Company may make available from time to time. Payments may be made online by means of a legal payment method including, but not limited to Credit or Debit cards (with the logo or service mark VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, GIFT CARDS), or cash. Notwithstanding what is determined in the following Sections, Services are provided by Company to all Users pursuant to an itinerary which is accepted by the User at the moment of his booking of a tour.

USER OBLIGATIONS
Failure to comply with this Section 3 may result in non-refundable suspension or cancellation of your booking.

You hereby agree and represent to comply with the following:

3.1 Punctuality; you are solely responsible to be at the meeting location as stated in your booking to start the tour at the website stated start times. We strongly advise every User to be at the location at least 10 minutes in advance of the beginning of any booked tours.

3.1a Punctuality is important for the tour. If one or more parties of the group on tour are late returning at a stop, your guide will wait for you adding an hourly rate at the end of the tour.

3.2 Full Payment; to participate in a tour you must have fully paid for the Services prior to the Services start time; no partial payments are accepted unless arranged with a booking agent. Split fares are only allowed with online booking but, all tours must be paid in full in order to begin.

3.3 Staff Authority; you shall at all times consider the directives, indications, suggestions of the Staff. This includes but is not limited to instructions regarding departure times at each stop during the tour, and staying seated while the vehicle is in motion.

3.4 Language; you agree that your language shall at all times be respectful to our staff, and other participants of the Services as well as other third parties you may have contact with. If you insult, curse, are obscene, discriminating, racist, or otherwise address others in a manner deemed unkind at the sole discretion of the driver, you may be directed by the driver to leave the vehicle.

3.5 Dress Code; dressing inappropriately shall be interpreted when any piece of clothing displays or endorses profanities, gore, drug abuse, violence, discrimination on base of ethnicity, race, nationality, gender, sexual preference, or any texts or images which may promote hate. Sexually provocative clothing will not be allowed on the tour. We are a family business and serve families. It's our goal that everyone is safe and enjoys a great day!

3.6 Disclaimers; You agree and understand the WARNING OF HEALTH RISK and LIMITATION OF LIABILITY shared here and agree to hold the company and itsmembers and employees harmless resulting in illness or injury, save gross negligence.

3.7 Stolen possessions; Company shall not be liable to you for the loss or theft of your property; such liability shall remain with you, to the maximum extent allowed by applicable law. Personal possessions left in a vehicle during the day are your sole responsibility and company assumes no responsibility for such items. If items are left in the vehicle at the end of the day, your driver will make every effort to return in to you.

3.8 Prohibitions; the following prohibitions shall apply to you while in the vehicle provided by Company: 
a.) No smoking.
b.)No alcoholic beverages or other prohibited substances.
c.) Being intoxicated due to alcohol or other substance abuse.
d.) No pets.

3.9 User information: you shall at all times provide Company with updated, real, true and verifiable information for booking purposes, and for the provision of any Services.

4. RESHEDULING - CANCELLATIONS - RETURN POLICY

We count on you just like you count on us. Unlike many tour companies, we DO offer a full or partial refund on tours you need to cancel. We limit the number of seats on our tours to make each tour special; each guest booked with us matters a great deal!
a) Tours cancelled more 48 hours or more ahead of the tour date will be refunded in full or provided a date change.
b) Other refund policies: Tours cancelled 24 hours in advance of the tour pick up time is not refundable yet available for a single change date based on availability.

5. SPECIAL REQUIREMENTS

Accommodations for a wheelchair on the tour; please notify the Company with one week notice in advance of your tour date. A proper sized vehicle is required for foldable/collapsible wheelchairs and is not a guaranteed of service.

Guests requiring an ADA van to accommodate an electric wheel chair, requires one week notice advance notice to provide an ADA Van and is not a guaranteed service. All Guests with disabilities are encouraged to be accompanied by someone to assist them. Due to liability issues and conflicts, the Company staff is NOT authorized to lift or assist a guest into the tour vehicle. In the case of an emergency, our staff is authorized to call 911. 

If you have any other special requirements, kindly notify us at the time of booking so that we can inform you on how we could reasonably comply with such requests. Omission to warn the Company of a special requirement shall not be considered fault or inability of the Company to comply with the request or create any liabilities to Company. If you decide to participate on a Tour or other Services without the Company being able to fulfill the request, you do so at your own risk and responsibility, and waive any further claims to Company.

6. PRICES
The Company may change the prices listed on the Sites or on other promotional material, in the manner that Company sees appropriate, and with no obligation to practice reimbursements for price drops or increases, and you state to agree that after a purchase is made the price becomes final to the purchasing User, and there shall be no reimbursement due to fluctuation of price.

7. USE OF YOUR LIKENESS
Each tour guest hereby fully authorize us to:

7.1 Take pictures and make video recordings which may be publicly displayed during the Tour or Services which are being provided to you, for promotional purposes.

7.2 Use your likeness in pictures, photographs, videos or other recorded media, for promotions, digital content, printed promotional material, advertisements on television or online venues, or any other form of merchandise which promotes or showcases the Services to any audiences.
If you would like to opt out of this you may do so by simply by informing the staff or sending us a message online.

8. RISK ACKNOWLEDGEMENT
It may not at first seem obvious, there are risks involved related to the Services. Therefore, you hereby attest that you understand that during the provision of any Services, tours or other travel related activities, there is a risk of injury and that this risk is assumed by you and/or your assigns when applicable, and all liability resulting of any injuries shall be your sole risk and liability.

9. NO WARRANTY
All express or implied warranties are hereby excluded to the maximum extent permitted by applicable law and regulation. All services are provided “as is” or “as available”, and no warranty is extended to anyone regarding the completeness, satisfaction, reliability, fitness for a particular purpose or the suitability of any services which are provided by the Company. Awesome Sightseeing Adventures, ASA shall make reasonable efforts for all services to be punctual and that the itinerary is followed. However, no warranties of punctuality in both arrival and departure are given and all liabilities for lateness resulting from reasons beyond the reasonable control of the Company are disclaimed and shall not apply.

10. NO LIABILITY
Awesome Sightseeing Adventures shall have no liability to users, in any circumstance whatsoever, including negligence, for any direct, indirect, punitive, incidental, or consequential damages incurred by any user or third parties during, as a result of the use, or inability to use, the Services, bookings, Tours, or other travel related activities, including any losses of property or loss of profit. Users hereby consent to waive any legal claim available to them against Awesome Sightseeing Adventures its directors, agents, employees and to seek any sort of remedy or compensation from them, deriving out of, and in relation to their use and/or participation in the Services. Liability is also disclaimed by the Company in connection with injuries, delays, irregularities, losses, accidents or damages to persons or property whatsoever or howsoever these damages were incurred in connection with the services operated by the Company. Furthermore, the Company shall have all rights to reschedule any programmed services and tours, without further obligation to you or accepting any liability, whenever the Company considers necessary.

11. INDEMNITY
You hereby agree to indemnify, defend and hold harmless Awesome Sightseeing Adventures., and its officers, employees, directors, agent, assigns and affiliates from any causes of action, damages, claims, losses, proceedings, fees, liabilities, costs, or expenses, including reasonable attorney fees, arising from your use of the Services, the Site and its contents, your violation of any of these terms or conditions, or your infringement of any intellectual property rights.
Additionally, you shall at all times hold harmless and keep Awesome Sightseeing Adventures indemnified against any type of damages incurred by third parties and their subsequent legal claims for compensation, which are a consequence of your actions and/or omissions during, before and after any Services provided to you by our Company. We shall not accept any liability for your interaction and actions with third parties during the Services, and you state that you understand that you assume all the liability for any damages to third parties.

12. FORCE MAJEURE
The delay and/or non-performance of the Company to any obligations shall not be considered a breach to this contract, provided that such delay and/or non-performance results from considerable weather changes, hurricanes, tornados, fires, snowstorms, floods, earthquakes, riots, mechanical failure, acts or omissions of other passengers, road conditions, traffic, or other acts of God and events which are not under reasonable control of the Company.

13. GOVERNING LAW
In the unlikely event of disputes between the Company and the User, or which arise out of this Agreement, the laws and regulations of the State of California shall apply, and the courts of Orange County shall be competent to decide on matters related to this Agreement, it’s possible or alleged breaches, or any other circumstances which may appear.

14. MODIFICATIONS
The Company may make all the amendments and/or modifications it desires and deems necessary. Please visit this part of the Site often to notice any changes which may apply to you and your booking.