Terms and Conditions
Last Updated: May 1, 2024
Introduction
These Terms and Conditions ("Terms") govern your use of the CreekShadow website located at creekshadow.sbs ("Site") and all related services provided by CreekShadow ("Company," "we," "our," or "us"). By accessing our Site and using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Please read these Terms carefully before accessing or using our Site. If you do not agree with any part of these Terms, you may not access the Site or use our services.
We reserve the right to make changes to these Terms at any time. We will alert you about any changes by updating the "Last Updated" date of these Terms. Any changes or modifications will be effective immediately upon posting the updated Terms on the Site. You are encouraged to periodically review these Terms to stay informed of updates.
Use of Our Site
Eligibility
You must be at least 18 years of age to use our Site and services. By using our Site and agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
Account Responsibility
If you create an account on our Site, you are responsible for maintaining the security of your account and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site
- Transmitting spam, chain letters, or other unsolicited email
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- Uploading invalid data, viruses, worms, or other software agents through the Site
- Collecting or harvesting any personally identifiable information, including account names, from the Site
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
- Using the Site for any illegal or unauthorized purpose
- Interfering with the proper working of the Site
Booking and Payment Terms
Booking Process
When you book travel services through our Site, you agree to provide accurate, current, and complete information about yourself and your travel companions. You are responsible for ensuring that all personal information and travel preferences you provide are accurate.
Confirmation and Documentation
Upon completion of a booking, we will provide you with a confirmation. It is your responsibility to review all details for accuracy. You must notify us immediately of any errors or discrepancies. You are responsible for obtaining and maintaining all necessary travel documents, including passports, visas, health certificates, and insurance.
Payments
Payment terms vary depending on the type of service booked:
- For standard tour packages, a deposit of 25% of the total package price is required at the time of booking, with the remaining balance due 60 days before departure.
- For customized itineraries, payment terms will be specified in your proposal.
- For bookings made within 60 days of departure, full payment is required at the time of booking.
- Special promotions may have different payment terms, which will be clearly communicated during the booking process.
We accept payment via major credit cards, bank transfers, and other payment methods as specified on our Site. All prices are quoted in the currency indicated and are subject to change until full payment is received.
Pricing and Taxes
All prices displayed on our Site are subject to change without notice until your booking is confirmed. Prices are inclusive of applicable taxes unless otherwise stated. Additional charges, such as local taxes, resort fees, or tourist taxes may apply at your destination and are your responsibility to pay.
Special Requests
We will make reasonable efforts to accommodate special requests (such as dietary restrictions, room preferences, or mobility assistance), but cannot guarantee that all requests will be fulfilled. Special requests should be made at the time of booking.
Cancellations and Changes
Cancellation by You
Cancellation policies vary depending on the type of service booked. Our standard cancellation policy is as follows:
- Cancellations made more than 60 days prior to departure: Full refund minus a $150 administrative fee per person
- Cancellations made 30-60 days prior to departure: 50% of the total tour cost
- Cancellations made less than 30 days prior to departure: No refund
Specific tours, packages, or promotions may have different cancellation policies, which will be communicated during the booking process. All cancellations must be made in writing.
Changes by You
If you wish to make changes to your booking, please contact us as soon as possible. While we will make reasonable efforts to accommodate your request, we cannot guarantee that changes will be possible. Changes may incur additional fees and are subject to availability.
Cancellation or Changes by Us
We reserve the right to cancel or modify any tour, itinerary, or service due to circumstances beyond our control, including but not limited to natural disasters, political instability, health concerns, or insufficient participation. In such cases, we will offer you the choice of:
- Accepting an alternative travel arrangement of comparable standard
- Receiving a full refund of all monies paid
We are not responsible for any incidental expenses or consequential losses that you may incur as a result of the cancellation or change.
Travel Insurance
We strongly recommend that all travelers purchase comprehensive travel insurance, including coverage for trip cancellation, medical emergencies, and baggage loss or damage. Travel insurance is not included in our tour prices unless specifically stated.
It is your responsibility to ensure that your insurance policy covers all activities included in your itinerary and provides adequate coverage for your needs. We are not responsible for any losses that could have been covered by travel insurance.
Travel Documents and Health Requirements
It is your responsibility to obtain and maintain all necessary travel documents, including passports, visas, health certificates, and insurance. We may provide general information about these requirements, but you should verify this information with the relevant authorities.
Your passport must be valid for at least six months beyond the date of your return. Many countries require visas, and health requirements can change without notice. We are not responsible if you are denied entry to a country due to failure to meet documentation or health requirements.
Limitation of Liability
To the maximum extent permitted by law, CreekShadow, its affiliates, and their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.
We act as an agent for transportation companies, hotels, and other service providers and are not responsible for any injury, loss, accident, delay, or irregularity that may be caused by defect in any vehicle or the negligence or default of any company or person engaged in conveying the passenger or carrying out travel arrangements.
Our liability for any loss, injury, or damage is limited to the amount paid by you for the specific service where the loss, injury, or damage occurred. We are not liable for any indirect, special, incidental, or consequential damages.
In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount paid by you to us for the specific travel service that is the subject of the claim.
Indemnification
You agree to defend, indemnify, and hold harmless CreekShadow, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Site
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the Site.
Intellectual Property
The Site and its original content, features, and functionality are owned by CreekShadow and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution
User Contributions and Reviews
Our Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials on or through the Site ("User Contributions").
All User Contributions must comply with these Terms. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that all User Contributions comply with applicable laws and regulations and do not infringe any third-party rights.
Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by CreekShadow. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that CreekShadow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Termination
We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution
Any dispute arising from or relating to these Terms or your use of the Site shall first be resolved through good-faith negotiations between the parties. If such dispute cannot be resolved through negotiation, both parties agree to attempt to resolve the dispute through mediation before resorting to arbitration or litigation.
Any legal action or proceeding relating to your access to, or use of, the Site or these Terms shall be instituted in the courts of the United Kingdom, and you agree to submit to the jurisdiction of such courts.
Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
Contact Us
If you have any questions about these Terms, please contact us at:
CreekShadow
Studio 77g Sienna Row
Morrismouth, KA1 3TU
United Kingdom
Phone: +446462716292
Email: [email protected]