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Culinary Adventures Terms and Conditions

Terms and Conditions

Salida Culinary Adventures

September 23-25 (Friday-Sunday Morning)

Friday check in after 4:30 PM – Sunday Checkout by 10:00 AM

Payment & Cancellation Policy – Full payment at time of booking. Full refund up to 3 weeks prior to event. 50% refund until 2 weeks prior. No refunds after 1 week prior unless the trip can be resold or there is a waitlist, then a $50.00 administrative fee only. Refunds will be processed within 30 days. Package price is based on US dollars and double occupancy accommodations. Credit card/Paypal payment or Venmo are acceptable payment options. Recommended trip insurance to cover cancellations.

The tour includes 2 nights accommodations at a home in Salida, Colorado, 4 bedrooms, 3 full bathrooms. 1 king bed, 2 queen beds and 1 room with 2 single beds. Activities and food will be sourced locally and organic where possible, but substitutions may be necessary according to supply chain availability. This is a non-smoking accommodation. Any damages incurred by guests to the property will be the responsibility of the guest.

Optional activities to explore the mountains, hotsprings, horseback riding will be arranged by guests but information will be provided.

The Company will not be liable or responsible to you, nor be deemed failure to fulfill the contract if caused by acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

The Company will not be liable for the occurrence of any pandemic, epidemic or prevalent disease of illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state government, federal government, World Heath Organization (WHO) or the U.S. Centers for Disease Control (CDC).

The Company takes no responsibility for, and the Company is not liable for, any loss of life, limb, property, money, sickness, delay, discomfort or hardships sustained by you on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the tour.

In no event shall the company be liable to you, other travelers or to any third party for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

In no event shall the company’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the company pursuant to the tour contract, subject to applicable law.

You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of a tour. In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.

The parties agree that any and all disputes and claims that each may have against the other that arise out of or relate to the Tour Contract including the breach, termination, enforcement, interpretation or validity of these General Terms and Conditions, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, which are over 15.00 USD, will be resolved in a binding, confidential, individual and fair arbitration process as set forth herein, and not in court. The only exceptions to this Arbitration Agreement are that (i) Disputes of up to and including 15.00 USD shall be pursued in Colorado small claims court located in Denver County, Colorado, and (ii) each party may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

This Agreement evidences a transaction in interstate commerce, and thus the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement. If either You or the Company wants to arbitrate a Dispute, the party desiring arbitration must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the tour to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Travel to Savor, 836 C Street, Salida, Colorado 81201 . We will send any Notice to You at the contact information we have for You or that You provide to us at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the parties do not resolve the Dispute within those first 45 days, either party may initiate arbitration as set forth herein.

Any arbitration between the parties will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, You must send a copy of this completed Arbitration Form to the Company.

Each party agrees to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding , the agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.

The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates. The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, trademarks, service marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.

The Company’s services are for Your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property Rights, information, software, products or services obtained from the Company or its Website(s) or from the Company’s travel consultants and advisors without the express prior written consent from the Company.

Company has no liability Insurance.

Unless explicitly provided by the Company in any specific service or product, obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.

You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract.

We aim to maintain the privacy of the information provided by our customers and will share only such information with third parties as is necessary for the purposes of Your travel booking, reservation compliance with law and other travel related purpose. Such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause. The Company does not provide or share Your personally identifiable or other information to third parties except as expressly provided in these General Terms and Conditions or otherwise after having obtained Your consent and permission. Notwithstanding any other provision of the Tour Contract, we may disclose and share Your information, including personal information, (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply the Tour Contract and other agreements, including for billing and collection purposes, or (iii) if the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may also request that You give us Your feedback and share Your experiences on the tour by providing us with testimonials. These accounts or information may be published or displayed on the Company on its Website(s) and on brochures, presentations and other documents and can be viewed by the public. Such accounts and information may also appear in search results on the internet.

All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (www.traveltosavor.com), as may be updated and modified from time to time. In any conflict between such privacy policy and of these General Terms and Conditions, of these General Terms and Conditions will control.

The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.

If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.

In addition to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You:  fail to pay any amount when due under the Tour Contract; have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part; or become insolvent, file a petition for bankruptcy or commence or have commenced against You proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.