Terms of Service

Terms of Service:

Introduction:

These terms and conditions apply to all tours organized by Frio Bat Flight Tours, whose office is located at P.O. Box 175, Utopia, TX 78884.

Terms for Tour Service by Frio Bat Flight Tours.

 

This Terms of Service incorporates these terms and conditions and by making a booking with us you confirm your acceptance of these terms and conditions to the exclusion of any other terms and conditions which you may seek to apply to the tour contract.

In these terms and conditions: “we” or “us” or “our” means Frio Bat Flight Tours, “you” means the persons making reservations or purchasing the tickets, including all persons included on the reservation who will be required to acknowledge receipt and acceptance of these terms and conditions: “Participant” includes you and any other person taking part in the tour.

1. Reservation and Payment:

Your Reservation:

A.1 When you make a reservation, we will provisionally reserve your tour on the basis of these terms and conditions: A binding contract between us will come into existence only when we receive your payment in full, or credit card number and payment information in order to hold said reservation, and we send you our Confirmation Emai!. Prior to doing so, we may send you an acknowledgement of receipt of your payment. Any such acknowledgement simply indicates that we are dealing with your reservation and is not a confirmation of it.

A.1 .1. Please check the Confirmation Email together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Confirmation Email or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten (10) day of our sending it out. While we will do our best to rectify any inaccuracies if we are notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above stipulated time limit.

 

Price Policies, Payment Terms and Surcharges:

A.2.1. We reserve the right to alter prices shown in any of our brochures, on our website or in any literature.. Once our Confirmation Email has been issued then, save in the case of manifest error, any price quoted will remain in effect.

A.2.2. Reservations made online must be paid for at the time of booking. Any reservations made by phone can be paid for (on the phone) or in person at the time of the tour, by credit card and/or cash. Please note that bookings made online will incur an additional $1.00 service charge at that time.

1. Changes and Cancellation by Us:

B.1.1 We hope and expect to be able to provide you with all services we have confirmed to you. However, given the nature of our tours and their location, you are expected to be flexible and accommodate the possibility of alternative arrangements having to be made, even at the last minute and without prior notice. Please note that any published outline materials are a guide only, do not form a contractual obligation on us. If we are forced to make a “Significant Change” we will endeavor to advise you as soon as reasonably possible. A Significant Change includes changes due to weather or wildlife activity. Please be aware that our tours are based on the viewing of nature and wild animals. While we use the best knowledge and experience acquired over more than 15 years working with said animals, we cannot guarantee their behavior or cooperation.

In the case of a Significant Change before your reserved tour we will provide you with the following alternatives:

B.1.2.1 Alternative arrangements of equivalent or similar standard and price, if available or

B.1.2.2 A refund, less any applicable fees

 

Cancellation by Us

B.2.1. In the unlikely event we need to cancel a tour we will inform you as soon as possible and, we will provide you with several alternatives:

B.2.1.1. alternative arrangements of equivalent or of very closely similar standard and price, if available, or

B.2.1.2. cancel your trip arrangements with a full refund of all monies paid

Any alternative arrangements or cancellation must apply to all persons included in your reservations.

In those cases, compensation will be paid as detailed below (*) unless the changes occur as a result of circumstance beyond our control (in which case clause G.1 will apply) or we cancel as a result of your failure to pay the balance or any other sum when/where due.

B.2.2 We regret that some of our tours can only be operated if a sufficient number of people agree to take part and pay all amounts due. If there is insufficient demand, we have the right to cancel the tour in question. Frio Bat Flight Tours will take reservations online for days when tours would be possible. In order for a tour to be confirmed, a minimum number of tickets need to be reserved for said tour date. Frio Bat Flight Tours requires a minimum number of 10 reserved tickets for a tour date to be confirmed. One party may reserve or agree to pay the minimum fee ($120.00). The tour will then be confirmed and listed as an open tour on our website and calendar. Others can then reserve tickets for that tour. If the purchased tickets for that tour do not meet or exceed the minimum then the initially reserving party will only be responsible for their own party’s tickets and the difference required to meet the minimum. If the minimum numbers aren’t reached for tours on the calendar, Frio Bat Flight Tours reserves the right to alter the tour schedule to consolidate tours. Every attempt will be made to accommodate existing tours but that cannot be guaranteed. If we have to cancel existing tours, we agree to advise you no later than 24 hours prior to the tour commencing. In this situation, you will then have the choice of rescheduling or receiving a refund less any applicable fees.

 

1. Changes and Cancellations By You:

C.1.1 If you want to change your tour in any way you must inform us by phone or email as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability.

C.2.1 If you wish to cancel your tour, you must phone or email us as soon as possible.

C.2.2 If you are unable to take part in the tour, you may be able to transfer your place to someone else suggested by you and acceptable to us subject to the following:

C.2.2.1 You must phone or email us with the full details of who you would like to go on the tour instead. We must receive this information at least 48 hours before the reserved tour date.

C.2.2.2 Anyone who takes part in the tour instead of you must agree to the terms and conditions.

 

(*)Any cancellation for full refund must be made by email or phone no later than 48 hours prior to
the commencement of your tour.

NOTE “full refund” means the total price paid by you for the tour excluding any fees due for any previous reservations or changes made by you.

1. Limitations of Our Liability to You:

D.1 We will not be liable where any failure in the performance of the contract is due to: unusual or unforeseen circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not have foreseen or forestalled.

D.2. Our liability to you, except in the cases involving death, injury or illness, shall be limited to the cost payable to us by you for your place in the tour.

D.3. Should you suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, .even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.

D.4. Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for while on the tour and which are not included in the price of the tour, are not part of the arrangements provided by us. For any such excursions or other tours that you may book, the contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the tour or for anything that happens during the course of its provision by the operator even if a member of our staff accompanies the relevant tour.

 

1. Your Responsibilities:

E.1. Special Requests. If you have special requests (including mobility restrictions), we will do our best to help, but we cannot guarantee it except as set out below. We promise to comply with any special request which we have specifically agreed to and confirmed. General confirmation that a special request has been noted will be sent in a separate email. Unless and specifically confirmed in writing all special requests are subject to availability.

E.2. Health Precautions, Safety and Accommodation

E.2.1. We will provide general advice as to what health and safety precautions are usually required for your tour. It is your responsibility to verify such advice with appropriately qualified medical personnel. Any health information provided by us is provided in good faith but will only be a general overview of any health hazards and requirements for the tour. In the circumstances any such advice given by us should not be regarded as a substitute for specific and detailed medical advice for you, and you should raise any particular concerns with your own doctor.

E.2.2. Our tours may involve strenuous activity in a remote region and it is your responsibility to ensure that you have the necessary level of fitness and health to complete the tour. Please check with us if there is any question about being able to participate on the tour.

E.2.3. While on the tour you are required to adhere to the advice and instructions given by our staff.

E.2.4. Given the remote locations for our tours, facilities cannot be guaranteed. Restrooms and running water are not generally available, please plan accordingly.

E.2.5. If you fall or suffer an injury or in our opinion, are not able to continue with the tour, we reserve the right, following consultation with you, to require you to either sit out part of the tour or to leave the tour.

Rules and Behavior:

E.3.1. While we shall endeavor to provide advice on the health, safety and security matters before and during the tour, you must accept that you must behave responsibly in relation to your own safety and security and that of others on the tour.

E.3.2. We are committed to responsible and sustainable tourism. In the circumstances you are expected to respect and obey the rules set forth by Frio Bat Flight Tours and all applicable laws. You are also expected to treat others on the tour with respect and courtesy, to obey any and all instructions, directions and any advice given before or during the tours.

E.3.3. You will be personally liable for damages suffered to property or by us or any third party related to tours (including loss of business or reputation)

E.3.4. In the event of you failing to comply with the terms of our rules (as found here) and/or the standards of behavior set out above, we reserve the right at our absolute discretion to require you to leave the tour if your behavior falls short of the standards expected by us. In those circumstances no compensation of any sort (including return of any monies paid) shall be payable by us and all rights are reserved by us against you.

1. If You Have a Complaint:

If you have cause for complaint while on the tour, you must bring it to the attention of our staff
immediately. They will do their best to rectify the situation. If your complaint is not resolved locally please follow up within 4 weeks of your completion of the tour by emailing us at info@friobatflight.com. If you fail to follow this simple procedure we may not be able to deal with your complaint.

 

1. Miscellaneous:

G.1. We will not be liable to pay any compensation if we are forced to cancel or in any way change your tour arrangements as a result of unusual or unforeseen circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These unavoidable technical problems with transport, war, threat of war, civil strife, industrial disputes, natural disasters, bad weather (bats cannot fly in the rain or high wind, the cave location is subject to flooding in high volume rain events and the access can become impassable in these events), land disputes, epidemics (human or animal), terrorist activity, or the unforeseen changes in wildlife activity.

G.2. Information about you, including names, contact details and any special needs information must be collected by us for making your tour arrangements. We collect this information with your consent. Any information gathered by us will not be kept nor shared with third parties. If you don’t agree to our use of this information we cannot accept you on our tours.

G.3. We reserve the right to take photographs or film of the tours and to use the same in a responsible manner in our promotional literature and on our website. We may also reproduce any comments that we receive from you in such literature and on our website. We must be informed prior to the start of the tour if you do not agree to the use of your image or comments for the above listed purposes.

G.4. All specific information supplied on any pre-departure tour information on our website is correct at the time of publication. Any other information contained in any marketing or preliminary information is designed to provide a general overview of the types of tour we undertake and locations we visit and should not be regarded as a representation forming part of the contract with you.

G.5. Any dispute, or claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with a tour must be brought before a United States Court in Uvalde County, Texas.

G.6. Please note that we generally communicate with our customers by email. By making a booking with us you agree to such electronic communication methods being used. Please be aware that the onus is on you to ensure that your email details are kept up to date, that your email system is operating correctly (including checking that the spam filters are not preventing receipt) and that you check for emails from us on a regular basis as we cannot be responsible for any losses or inconveniences suffered as a result of our email system not operating correctly and/or your failure to check email communications regularly.