TERMS AND CONDITIONS AGREEMENT
From a single van in 2002, Epic Sightseeing, LLC dba Extranomical Tours, LLC (“Extranomical”, “we”, “us” “our”) has grown into a 5-star tour operator in the San Franscico/ Northern California area. We maintain a “traveling with friends” vibe so we want to be sure we’re on the same page when you book a tour with us. These Terms and Conditions contain legal obligations, waivers of liability, and express assumptions of risk. You should to read this entire document carefully.
These terms and conditions represent an agreement between the tourist (“you”, “Traveler”) and Extranomical. By making a booking and in consideration for the opportunity to participate in a tour with us, 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 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 these 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 Extranomical. 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. BOOKING TERMS.
To start a booking, you’ll search for the appropriate tour, select the number of adults and children, select a pick-up location (as applicable), agree to these Terms and Conditions, review our “Tour Safe” policies, and pay for your tour in by checking out (on the website). Online Reservations can only be made with a valid credit card, or debit card. After submitting your booking, you will receive an email confirmation with your tickets along with all of the information you will need for your tour. The lead traveler must present the original ticket/s issued by Extranomical at the start of the tour. Extranomical reserves the right to refuse service to any traveler not able to provide their ticket/s to their guide at the beginning of the tour.
Tour purchases are final once the booking is confirmed. No promotional or discounted prices may be applies after purchase if you discover a different rate or offer on our site or on any third party site. Extranomical reserves the right to adjust any price due to currency fluctuations or additional taxes.
The prices appearing on www.extranomical.com are the current rates and can change without notice. All prices listed are on a per traveler basis unless otherwise stated. Prices include only the items indicated on the tour description. All prices are inclusive of applicable local taxes, tolls and entry fees unless otherwise noted in the tour description. We reserve the right to alter the prices of any tour package immediately and without notice.
Child RatesOur 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.
Discounts/Promotional OffersWe may offer discounts of promotional offers, with o rwithout a promotional code. These codes are only valid for one transacation. We do not bear any responsibility or liability for discounts or promotional offers published on external or third party websites We reserve the right to withdraw any discounts of promotional offers at any time without notice. If you discover a better discount or promotional price after making a confirmed booking, you may not retroactively apply the discount or promotional price to the booking.
- Tips and gratuities. If you are happy with the services provided by your guide, a tip — though not compulsory — is appropriate. While it may not be customary to you, it is of great significance to the people who will take care of you during your travels, 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.
Pricing for Private Custom Tour Itineraries
Extranomical also offers personally curated itineraries/vacations. Our team will assess your needs and preferences and then create an itinerary for a private custom tour. Our private tour itineraries can include special experiences, and special features based on the traveler’s needs.
To inquire about a private custom tour, complete the “Prviate Charter Inquiry” form found on our website at www.extranomical.com/en/private-tours. Based on your submission, we will craft a custom tour proposal with a price estimate for said tour. The price estimate provided is in no way binding, and is only an estimate for the services and accommodations rendered.
Credit cards. Extranomical accepts the following credit cards for payment: Visa; Mastercard; and American Express. While we do accept major credit cards, you must provide a click and/or signed authorization for every payment. Your authorization is a binding agreement for us to charge your card immediately 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 Extranomical, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including, without limitation, attorney fees. You agree not to initiate a chargeback against us. Travel Agents assume financial responsibility for any chargebacks initiated by their clients. Your credit card statement will reflect Extranomical for all charges. We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company.
Payment due. With the exception of custom private tours, full payment is required at the time of booking. Payment for custom private tours is due upon confirmation of tour itinerary.
5. CANCELLATIONS/NO-SHOWS & AMENDMENTS TO BOOKINGS.
Cancellation fees. Cancellation fees may apply to any cancellations by the traveler of a service provided by Extranomical. Unless otherwise specified, the cancellation policy is as follows:
1-Day & Half- Day Tours
- Cancellations made more than 24 hours prior to the scheduled departure time will receive a full refund;
- Any cancellation with less than 24 hours’ notice will not be entitled to any refund/s.
Tours with Hotel Packages & other Third-party Attraction Tickets
- Cancellations or amendments with more than 10 days notice prior to departure, will incure a fee of 10% of the package cost.
- Cancellations made with less than 10 days notice will not be entited to a refund.
- Bike Rentals, Bay Cruises, Ferry tickets, Hop on Hop off Passes, and Alcatraz tickets are nonrefundable and nontransferable.
- Alcatraz tour packages are final and no refund will be issued for amendments or cancellations.
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 Extranomical. We may cancel a tour at any time prior to departure. If we cancel your tour for any reason other than a “force majeure” event, you can transfer amounts paid to an alternate departure date or, alternatively, receive a full refund. In the event your booking is cancelled, we are 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. Please call at least 24 hours before travel in order to confirm your tour.
Force Majeure. “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, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to Force Majeure.
In the event of a Force Majeure cancellation, we shall immediately notify all vendors and suppliers of the need to cancel and take all commercially reasonable steps to secure refunds. Some suppliers may choose to offer future travel credits which will be made available to your group. VDV can reschedule the tour for the following year, but additional costs that would be paid by the participant may apply.
Amendments to itineraries by Extranomical. While we endeavor to operate all tours as described, we reserve the right to change the tour itinerary. The itinerary provided for each tour 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 we make a major change before departure, we will inform you as soon as reasonably possible. We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. Such changes will not be considered as material and no refund will be offered.
6. YOUR TOUR
Timeliness. Travelers must adhere to the start time set out in the product information on their ticket confirmation. In the event a traveler is not at the designated starting point within 15 minutes of the start time provided, Extranomical will consider the traveler to be a “no show” and the tour will start without them and no refund will be provided. It is recommended that you arrive at least 15 minutes prior to the start of the tour.
Your responsibility. The traveler making the booking is responsible for their own and their party’s actions. If Extranomical 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, Extranomical 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. You are solely responsible for your belongings and we will not be liable or responsible for any items left on our vehicles. The consumption of alcoholic beverages, cigarettes, E-cigarettes, cigars, hooka, and cannbis products (among others) is prohibited on board our vehicles. We require that travelers remain seated while the tour vehicle is in motion.
Rain or Shine. All scheduled tours will operate rain or shine unless the main attraction of a tour is canceled by the service provider, in which case you will be notified as soon as possible and issued a full refund, transfer, or credit.
Luggage Policy. You are permitted to travel with up to two (2) small items free of charge. These items must be within the size limitations. The maximum size allowed for each small item is 24”x16”x10”. Any luggage larger than those dimensions is deemed “oversize” and you will incur a $50 charge regardless of the number of personal items brought on board. You shall advise us of all oversize luggage at least 48 hours prior to departure to ensure we can guarantee the accommodation of the luggage on the vehicle.
7. AGE & HEALTH REQUIREMENTS
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 to check whether a tour is child friendly. For tours featuring alcohol, travelers may be required to show proof of age. For children under eight (8) years old or under 4’9”, a child safety seat is required. You are obligated to provide your child’s safety seat.
Health requirements. Some of our trips can be physically demanding and travelers must
ensure that they are suitably fit to allow participation. Most tours involve walking, step-climbing or other physical activities during the course of the tour, and 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 in consideration of their personal limitations prior to making a reservation. We are able to provide details on mandatory health requirements; however, we are not medical experts. For the safety or our guests, we reserve the right to request health information prior to the tour and to exclude any traveler we deem unfit for the tour at our sole discretion.
8. PERSONS WITH DISABILITIES.
Extranomical is happy to make reasonable accommodations to our disabled guests with adequate advance notice. We are 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 and in the event of an emergency. No pets are allowed on board any of our buses except for ADA service animals. Please provide at least 48 hours advanced notice of your intent to bring any service animal on the tour so we can ensure there will be enough room for the animal.
9. RISKS ASSOCIATED WITH 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 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 social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people. you acknowledge that, Extranomical, its agents, owners, officers, employees, affiliates, and suppliers, and all other persons or entities acting in any capacity on their behalf, 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 booking your tour with us, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, 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 your actions, omissions, or negligence of others, including, but not limited to, Extranomical employees, agents, affiliates, suppliers, and other travelers on 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 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.
10. ADVANCE WAIVER OF LIABILITY & 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 Extranomical, including each of their employees, officers, directors, volunteers and agents (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, including travel to, from and during the tour, and your and other tourists’ use of alcohol during the tour. You acknowledge that you are voluntarily participating in this tour. You acknowledge that you are aware of the risks associated with traveling to and from and participating in this tour, 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. 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, 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.
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, including travel to, from and during the tour whether caused by negligence or otherwise, Extranomical, its employees, employees, agents, affiliates, suppliers. Furthermore, without limitation, Extranomical 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 traveling with you, yours and their heirs, successors, assigns, and legal representatives, it being your intention fully to assume all the risks associated with this trip and to release Extranomical from any and all liabilities to the maximum extent permitted by law.
You agree to indemnify Extranomical 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 you own health insurance. You understand that Extranomical has no responsibility to provide medical care to participants, and has made no offer or promise to do so. You authorize Extranomical to obtain medical care on your behalf and/or to transport you to a medical facility, if necessary, and you hereby release Extranomical 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, including travel to, from and during the tour. This Waiver of Liability and Express Assumption of Risk is written to be as broad and inclusive as legally permitted by the State of California.
You agree to defend and indemnify Extranomical, our 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 Extranomical.
12. NO LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES.
Extranomical may coordinate with various service providers and companies to create tours. Examples include tour guides, restaurants, admission ticket vendors and other service providers and vendors. Some persons or companies engaged in conducting those services are not employees or agents of Extranomical. All such persons and entities are independent contractors. All tickets, receipts, and coupons are issued subject to the terms and conditions specified by each service provider, and by accepting the coupons and tickets, or utilizing the services, all customers agree that Extranomical 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 Extranomical. You agree to hold harmless Extranomical 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.
13. TRAVEL INSURANCE.
Extranomical can not be held responsible for any liability, expenses, or losses you incur as a result of being inadequately insured. We strongly recommend that at the time of booking a comprehensive travel insurance policy is purchased. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. We cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Your failure to obtain travel protection plan could result in the loss of your travel cost 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 howsoever arising, for which trip protection plan coverage would otherwise have been available.
14. YOUR SATISFACTION.
Your satisfaction is important to us. Should you have a complaint about your tour experience, we urge you to promptly notify Extranomical or your tour guide so the matter can be resolved if possible. If satisfaction is not reached through this notice procedure during your tour, you must submit further complaint in writing to Extranomical within 30 days or travel. Complaints received outside this timeframe will not be considered and shall be considered waived and barred.
15. PHOTOGRAPHS/VIDEOGRAPHY & LIKENESS.
We reserve the right to take photographic and/or video and audio recordings of Participants on any of our tours, for safety purposes only. Should we wish to use the images or videos for marketing or promotional materials, we will contact you for your written consent for such use. If you consent, you shall not receive compensation for use of your likeness in any media form. Traveler assigns Extranomical all right, title, and interest in or to all media in which their participants name or likeness might be used.
16. LIMITATIONS & GOVERNING LAW.
You agree to present any claims against us within 30 days after your tour ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the construction, validity, and performance of these Terms and any disputes between the parties shall be governed and construed according to the laws of the State of California without giving effect to its conflict of law principles, and any federal laws applicable therein. Both parties submit to the exclusive jurisdiction of the courts of San Francisco County, California and the District Court for the Northern District of California with respect to any legal proceedings relating to these Terms and Conditions.
17. ELECTRONIC AUTHORIZATION.
Both parties agree that you may accept and agree to these terms electronically by indicating acceptance by acknowledgment through clicking the box acknowledging acceptance of these booking Terms and Conditions, by handwritten signarutre or by email acceptance of these terms or by your implied consent deemed by your actions, which shall include, without limitation, the payment of any amount owed or transfer of credit card information for payment. All such means constitute effective acknowledgment and execution of these Terms and Conditions, as fully constituted, and shall be sufficient to bind the parties to the terms herein.
18. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and there are no oral or other representations regarding the subject of this Agreement that are binding. All changes to this Agreement must by in writing, signed by both parties. It is understood and agreed that e-mail correspondence shall not constitute “a writing” unless explicitly agreed to.
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. UPDATES TO THESE TERMS & CONDITIONS.
Extranomical 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, if applicable, and will supersede any previous versions.
Extranomical is a full-service and fully insured transportation company, under the authority of the California Public Utility Commission and the U.S. Department of Transportation.
HOW TO CONTACT US:
Mail: 425 Avenue M, San Francisco, CA 94130