Outside Livin Inc.

TERMS OF SERVICE: BOOKING CONDITIONS

 

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1. INTRODUCTION; ROLE OF SPONSOR FOR SKISYNC-RELATED SERVICES

Outside Livin Inc., Inc. d/b/a “Outside Life” and “SkiSync”, a Delaware corporation (together with our affiliates, “SkiSync,” “we,” “our,” or “us”), with offices at 5395 W. 25th Avenue, Denver, CO 80214, is a leading travel company that provides unique travel adventures and experiences and related products, services, content and features through our platforms, such as our website available at https://www.skisync.com (the “Website”) and through mobile, desktop, or device applications (including iOS and Android applications) and Outside Livin-controlled social media pages (including on Facebook, Instagram and TikTok).  By booking Services (as defined below) through our Website, through a Sponsor (defined below), or through one of our customer service agents, you (“You,” as a “user,” “Traveler”, or “Participant”) accept and agree to be bound by these Booking Conditions, which forms a binding agreement between you and Outside Livin.

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By booking SkiSync-related Services (as defined below), you understand and agree that such Services are initially sponsored by a third party (including, but not limited to, educational institutions, businesses, and other third party organizations) (each, a “Sponsor”) pursuant to a separate agreement between us and each Sponsor (the “Sponsor Agreement”). By registering with us and booking Services, you understand, agree, and consent to SkiSync disclosing your information to the relevant Sponsor, including without limitation your name, address, traveler information, and any other information necessary for the Sponsor to complete the booking process with us and facilitate the applicable booking. While you must register and pay for SkiSync-related Services through our Website as set forth in these Booking Conditions, you understand and agree that pricing of Services and payment terms for such Services are negotiated directly with the relevant Sponsor pursuant to the terms of the applicable Sponsor Agreement.

2. SERVICES

Our Website facilitates the booking of combined reservations for: air, water, rail and ground transportation; hotel and other accommodations; restaurants; food and beverage packages; tours; tickets to live entertainment events and festivals; sightseeing excursions; and, other services and activities (each, a “Service” and collectively, the “Services”) provided by various third-party suppliers (“Suppliers”). Services may be booked through our Website, through a Sponsor, or through one of our customer service agents.

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3. INCLUSION OF OTHER TERMS AND CONDITIONS

These Booking Conditions include our Terms of Use, Privacy andCookie Policy(if applicable), and the Acknowledgment of Risk and Release (together “The Agreement’), each of which are incorporated herein by reference.  You should read all of the documents that constitute the Agreement carefully. You are acknowledging and agreeing to be bound by each of these policies by accepting these Booking Conditions. The Agreement describes what you are legally entitled to expect from us when you book Services through us, in addition to important obligations you make as a customer that affect your legal rights.

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4. ACCEPTANCE OF TERMS OF SERVICE

By booking a Service, You are deemed to have agreed to the Booking Conditions then in force and that You agree to abide by these Booking Conditions and any additional terms and conditions of any Supplier that are applicable to your booking/travel arrangements. The lead Traveler for your group, if applicable, assumes the responsibility of sharing these Booking Conditions with each trip participant, including payment of all amounts when due. It is the responsibility of each Traveler to read the Agreement in its entirety. We are not responsible for any travelers’ unawareness of the Booking Conditions or any additional terms and conditions of any Supplier due to the failure of the lead Traveler to share this information with all other travelers.

 

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of these Booking Conditions at any time.  You should check these Booking Conditions periodically for changes. From time to time, we may supplement these Booking Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Booking Conditions. By booking our Services after we post any changes to these Booking Conditions, you are deemed to have accepted those changes, whether or not you have reviewed them. If you do not agree to, or do not wish to be bound by, these Booking Conditions, you may not book or participate in our Services. These Booking Conditions begin on the date you book any of the Services and continue as long as you continue to use the Services. 

 

 

You represent and warrant that (a) You are legally authorized to act on behalf of those You represent and accept these Booking Conditions on their behalf, (b) the information supplied by You or members of your group is true and correct, and (c) You authorize us to disclose and provide such information to the applicable Sponsor associated with your booking. You understand that You are financially responsible for any use of our Services or Site by You and those for whom You make bookings.  

 

If you do not comply with these Booking Conditions at any time, we reserve the right to terminate, delete and/or deactivate your present or future access to our Services (or any part thereof). You agree that any violation of these Booking Conditions may result in (a) the cancellation of your reservation, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) denied access to your applicable travel-related product or service booked through us.

 

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5. PRICING & PAYMENT

a. Pricing Errors.  Despite our best efforts, a Service listed on the Website may occasionally be incorrectly priced. We reserve the right to correct any pricing errors on the Website and/or on pending reservations made under an incorrect price. In such an event, and if available, we will offer You the opportunity to keep your pending reservation at the corrected price or You may cancel your pending reservation without penalty.  

b. Pricing Changes.To the extent permitted by applicable law, we reserve the right to increase our prices at any point in our sole discretion.

‍c.Promotional codes and/or Vouchers.  We may offer promotions or discounts related to our Services from time to time. Please read the details of those offers carefully, as any additional terms presented during the signup process will form part of these Booking Conditions. Any issued promotional codes and/or vouchers are for individual use only, unless otherwise specified, and all discount offers that require payment are non-refundable. We reserve the right to adjust any Service pricing affected by a promotional code at any time, including pricing resulting from an error caused by us.

d.Pre-paid hotel selections.  You acknowledge that we pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations in connection with the Services. In consideration for providing You services to facilitate such booking of reservations, we charge a facilitation fee in connection with your booking (the “Facilitation Fee”). The room rate displayed on the Website while booking the Services is a combination of (a) the pre-negotiated room rates for rooms reserved on your behalf by us with the hotel supplier and (b) the Facilitation Fee retained by us for our services of facilitating such booking. Reservations are made for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, the Facilitation Fee, and where applicable, taxes on our services.

e.Payment Plans.  We may offer You a payment plan option (the “Payment Plan Option”) through our partnership with Flex Pay that allows You to purchase certain Services and pay the total amount due through multiple payments over a specified amount of time.  Please visit Flex Pay’sterms of use for all details regarding the Payment Plan Option with Flex Pay (the “Flex Pay Terms”) which will govern your use of the Payment Plan Option in all respects.. We may elect to remove the Payment Plan Option for some or all of the Services at any time in our sole and absolute discretion. 

f.Payment Terms and Conditions. You hereby understand and agree that all pricing and payment terms and conditions for SkiSync-related Services are negotiated directly with the applicable Sponsor and, once negotiated, are binding upon you as the traveler. You must make payment for the Services in accordance with the instructions we give you and/or in accordance with the Flex Pay Terms, as applicable. In the event we do not receive any payment due in full and on time in connection with your booking, the Sponsor will ultimately be responsible for remitting such payment in full on your behalf. 

g.Exclusions.  Unless otherwise specified, pricing for any Service does not include:

i. airport transfers, taxes and excess baggage charges;

ii. meals / beverages; Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, we and our representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels and airlines of your request but we cannot guarantee their availability.

iii. visa and passport fees; and

iv. optional activities and all personal expenses.

v. And any other items not specifically listed on your itinerary provided by us. 

h.Group Booking.  If your booking is for a group, the Sponsor is responsible for the entire price of the booking.  Should one or more group members cancel or depart your booking early, the Sponsor remains responsible for room occupancy cost at the original occupancy rate and all other fixed costs based on group size.

 

 

6. FINALIZATION OF LODGING ACCOMMODATIONS + FLIGHTS

a.Lodging.   Lodging selected by You is subject to change at any time prior to the time at which your reservation is paid in full, the lodging unit is finalized with roommates that You select, and the lodging provider confirms your reservation.  Each traveler is responsible for coordinating with other travelers to indicate your group’s occupancy and to complete the group’s booking process prior to the deadline indicated on the invoice issued for the applicable booking.  For example, if a traveler signs up and pays for a quad occupancy package (four (4) people per lodging unit) and one of the three other indicated travelers either does not sign up, removes themself from the lodging unit, or cancels their booking, the remaining three travelers will be required to re-finalize the rooming before the deadline indicated on the travelers’ invoice for the applicable booking. Otherwise, the remaining travelers will be charged the difference in price between the actual or revised occupancy (triple) and the original or paid-for occupancy (quad), or the lodging reservation will be subject to cancellation without refund, or subject to change, including but not limited to change in rooming type, all as determined by us in our sole discretion.

 

Lodging will be assigned by the respective Supplier/s on a run-of-the-house basis. Special requests such as single rooms, lower floors, connecting units and smoking preference, and ADA accessible rooms must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the Supplier, such requests are not guaranteed and are at the sole discretion of the Supplier. There may be additional charges for such requests, which will solely be the expense of the guest making the request.

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Guests should be aware that lodging unit sizes, standards and facilities can vary regionally. This can include differences in bed sizes and room sizes, decor, bathroom amenities, amenities such as air-conditioning, kitchen and cooking capabilities, and compliance with other standards such as ADA and wheelchair accessibility.

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We reserve the right, if necessary, to substitute listed lodging properties with other similar lodging properties. Such substitutions may be made by us at any time and without prior notice. We are not responsible for lodging property over-bookings, should such occur; however, we will undertake an effort to find similar accommodations in the same or similar area as the original booking, but we cannot guarantee that the substituted booking will be the same or similar price or quality as the original booking. Such substitutions are at our sole discretion, and no refunds will be offered for changes in accommodations. In the event the price for the substituted booking is greater than the price of the original booking, the affected Traveler(s) shall be responsible for covering such difference in cost in accordance with our payment terms.

 

While we exercise due diligence in the selection of our partners, lodging and other accommodations provided in connection with the Services, profiles we provide as a part of the booking process are based on information provided to us by the Supplier ( including marketed images and descriptions of the properties and rooms), and we are not responsible for any variations between the information provided in the profiles and the actual state and character of the lodging and other accommodations. Additionally, guests should be aware that star ratings or similar rating systems are established by the applicable Suppliers and are based on country classifications; therefore, such star ratings and/or rating systems can differ between regions and between various Suppliers.  While we strive to maintain current and accurate information regarding these Suppliers, we are not responsible for any inaccuracies in Supplier descriptions, amenities, or images.

Be agreeing to these Booking Conditions, you authorize the use of your credit card (or other payment method provided to us) to cover any incidentals incurred while using lodging services in connection with your booking. Incidentals are, but in no terms limited to: smoking in non-smoking units, hot tub/pool damage, burns or stains to furniture or carpet, holes in walls, theft, property common area damage, excessive housekeeping expenses, and long distance telephone charges incurred during my stay. You understand that the amount of damages will be split equally among the credit cards of all Travelers staying in the same unit/room/complex as you are.  

b.Flights.  Flights selected by You are subject to change at any time prior to the time at which your reservation is paid in full and your flight is ticketed by the airline, provided that all flights selected by You are subject to the applicable airline’s terms and conditions, including cancellation terms, in all respects. For purposes of clarity, You acknowledge and agree that the airline(s) that book your applicable flight(s) is solely responsible for any and all cancellations of flight(s) occurring at any point prior to your departure, and that we have no liability in connection with any such cancellations. If your booking includes air transportation, it is solely your responsibility, and not ours, to select and finalize your flight itinerary prior to any deadline disclosed to You by us.  If You fail to select and finalize your flight itinerary prior to such deadline, we may (1) select your flight itinerary for You, (2) cancel your Services without refund, or (3) change the flight itinerary, including but not limited to departure city and dates. If your flight itinerary is changed due to your failure to timely select a flight itinerary, You may be subject to a change fee of up to $250.00 per person plus any third-party rate increase due to the change. Notwithstanding any other provision of this agreement, You agree that all flights will be non-refundable. 

c. Traveler Information. All final hotel and transportation details will appear on the travel itinerary that will be emailed and/or sent via text message to You and posted on your “My Account” page prior to departure. Travelers are required to immediately review all aspects of their booking to verify, prior to the date that is thirty (30) days’ prior to the Traveler’s departure: traveler names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Each Traveler shall be responsible for verifying and confirming all travel details at least thirty (30) days’ prior to the Traveler’s departure. You are solely responsible for providing accurate and complete traveler information, and you shall notify us immediately if any omissions and/or corrections are needed regarding the booking details. Traveler(s) voluntarily assumes full and sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Traveler is required to verify the accuracy of the Traveler’s LEGAL first & last names. It is mandatory that traveler names be identical to the Passenger(s) LEGAL first and last names or the names as they appear on booking and travel documents.

‍d. For your safety and comfort, and to prevent roommates or affiliated groups from being separated due to one or more traveler’s late or non-payment, we reserve the right to provide alternate, equivalent accommodations for You and your roommates and/or affiliated group if payments are not received on time.

 

 

7.  AMENDMENTS TO YOUR BOOKING

a. Any amendment request relating to your booking must be sent to us in writing, by email, and will take effect upon our receipt.

b. You must ensure that you have received written confirmation of any amendments from us prior to travel. If you have not received written confirmation of any amendments from us, your amendment request will be deemed to have not been approved. 

c. Any amendment request is subject to availability.

d. While we will try our reasonable best to assist, we cannot guarantee that the relevant Supplier will meet any amendment request. Amendments can only be accepted in accordance with the terms and conditions of the relevant Supplier.  A Supplier may impose amendment charges to you, and any increase in rates, as applicable. In addition, You must pay us an administration fee of $50 per change per individual booking (the “Administration Fee”). We will notify you of the exact charges at the time of the amendment.  If Supplier fees apply, we will provide You the opportunity to cancel your amendment request without incurring any amendment fees.

e. Please note: some Suppliers may not allow amendments and therefore full cancellation charges will apply.

f. Prior to any change in hotel, transportation services or travel dates being made, the entire balance for the purchase must be paid in full with our Administration Fee and all applicable third-party charges.

g.Traveler changes.  Subject to Supplier restrictions, You may transfer your booking to a third party (a “Substitute Traveler”) at any time prior to your trips listed transfer cut-off date. No traveler changes will be made without us having issued a written confirmation of the Substitute Traveler. THERE ARE NO MEDICAL OR OTHER EXCEPTIONS TO THIS PROVISION.To substitute a traveler, You authorize us to release information relating to the Services purchased by You to such Substitute Traveler. Further, the Substitute Traveler agrees (1) to pay for the balance of the remaining charges, if any, and (2) to these Booking Conditions as if the Substitute Traveler had originally made the reservation. It is your sole responsibility, and not ours, to handle all exchanges of payment/reimbursement for transferring the trip to the Substitute Traveler. No Substitute Traveler will be allowed except as stated in this section. Any Substitute Traveler is subject to these Booking Conditions and may be subject to additional Supplier restrictions as determined by the Supplier. In the event a refund is eligible and due on a booking (“Eligible Funds”), You and the Substituted Traveler, if applicable, will be reimbursed to the original payment method. In other words, You and the Substitute Traveler will each receive the Eligible Funds that you have individually paid for the booking. Any Eligible Funds paid by You on a booking will be refunded to your payment card, and any Eligible Funds paid by the Substitute Traveler will be refunded to the Substitute Traveler’s payment card. No exceptions will be made. 

h. In the unlikely event that any part of the Services become unavailable prior to departure or during the course of the trip, we will inform you as soon as possible if we need to cancel or modify your confirmed Service. We reserve the right to make changes to your date of departure, city of departure, and place of accommodations in our sole discretion. We may, but shall not be obligated to, (1) cover the associated costs, if any, of such modifications and/or cancellations, or (2) provide you the option to opt in or opt out of such modified Services. 

j. You may not transfer, distribute, resell, upload or otherwise deal any of the Services to any third party under any circumstances, save as expressly permitted under these Booking Conditions.

 

 

‍8. FLEX PAY. 

We have a partnership with Flex Pay to offer payment plans for trips. Please visit the Flex Pay Terms for all details regarding the Flex Pay service, which will govern your use of Flex Pay in all respects. 

US Disclosure: Down payment may be required. Actual terms are based on your credit score and other factors and may vary. APRs range from 0%-36%. Minimum $150 purchase required. Not everyone is eligible. Loans made through Flex Pay by Upgrade are offered by these lending partners: upgrade.com/flex-pay/lenders. Privacy Policy. Terms of Use. Flex Pay’s Address: 275 Battery St 23rd floor, San Francisco, CA 94111.

CA Disclosure: Down payment may be required. Actual terms are based on your credit score and other factors and may vary. APRs range from 0% to 31.99%. Minimum $300 purchase required. Not everyone is eligible. Applicants are subject to approval by Uplift Canada Services ULC, a subsidiary of Upgrade, Inc. Privacy Policy. Terms of Use. Flex Pay’s Canada Address: 410 Adelaide Street West, Suite 220, Toronto, Ontario M5V1S8. 

 

9. CANCELLATION AND REFUNDS

‍a.  Please read this section carefully before making your booking.‍

b. Cancellation requests must be sent to info@outsidelife.com.Cancellation requests will take effect after our receipt of the request. All cancellations are subject to the refund terms set forth in subsection 9(d) below.

c. Please note that all flights are non-refundable and any payments toward flights are expressly excluded from any reimbursements and/or refunds referenced below.

‍d. CANCELLATION BY YOU:

‍Each trip has its own cancellation policy. Refer to the Cancellation and Trip Transfer Policy agreed to upon registration via www.skisync.com.

‍e. CANCELLATION BY US

‍Definitions:

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“Extraordinary Circumstances” means any circumstances like acts of Government, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural & nuclear disasters, fire, epidemic, pandemic, physical injury, quarantine, medical or customs or immigration regulation or health risk, acts of God, adverse weather conditions or other similar events beyond our control.

1. Extraordinary Circumstances Cancellations. If we have to change or cancel your trip due to Extraordinary Circumstances (as defined above), no refund will be provided to you for your cancelled or changed trip, and we shall be relieved of all obligations and disclaim all liability to You for the change or cancellation of the trip, as applicable. You agree to hold us harmless from any and all claims, loss or damage resulting therefrom.

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10. AGE REQUIREMENT

a. By booking a Service from this Website, via our customer service agents, or through a Sponsor, You warrant that You are at least 18 years old and have the legal authority to enter into legally binding agreements.

b. Specific age restrictions may apply to certain Services as notified on the Website, and, if such restrictions apply, you shall not participate in or purchase the Services if you are under such age.

c. We take no responsibility or liability for any traveler who is not of the appropriate age to purchase and/or participate in the Services.

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11. MEDICAL INSURANCE

a. It is recommended that each traveler making a reservation through the Website has medical before they travel.

b. You represent to us that:

             i. You have (or will have) adequate primary medical insurance to cover any injury or damage to yourself while participating in any and all Services purchased through us, and if your insurance is not sufficient to cover such costs, You agree to pay all costs of rescue and/or medical services as may be incurred on your behalf.  

ii. You understand that we rely upon these representations in making any Services available to You.

           iii. You understand that your participation in certain events and activities in connection with the Services may invalidate any insurance coverage You may have.

  iv. You have no medical or physical condition that could interfere with your safety or health while engaged in any of our Services.

c. Certain countries require foreign visitors to have valid medical insurance upon entry. We are not liable or responsible for denied entry into any country if a Traveler is unable to provide details of insurance to the applicable foreign authorities requiring such details.

d. For the safety of our guests, we reserve the right to request health information prior to travel and to exclude any participants deemed unfit for travel at our sole discretion.

e. You request and give us permission so that You may be admitted to any hospital or medical facility for diagnosis and treatment. You request and authorize physicians, dentists, staff and nurses to perform any diagnostic procedures, treatment procedures, operative procedures, and x-ray treatment reasonably required or appropriate. Nevertheless, we will not be responsible (i) for finding You medical assistance, (ii) if You do not receive medical assistance, or (iii) if the medical assistance You receive is insufficient, inadequate, negligent or otherwise fails to treat your condition or makes it worse. You further agree to pay all costs associated with such care or transportation.

 

 

12. TRAVEL PROTECTION

a. We recommend, but do not require, that you purchase travel protection before traveling. Such a plan, at a minimum, should cover trip cancellation or interruption, cancellation for any reason, medical expenses, 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 medical evacuation costs), missed connections and baggage loss.

b. You can purchase such travel protection coverage separately from a third-party.  We are not responsible for answering technical questions about the benefits, exclusions, and conditions of any travel protection plans, and all such questions should be directed to the third-party providing such travel protection coverage. 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, insurance agent or broker.

c. You are advised to carefully read the terms and conditions that apply to your travel protection plan, if any.

 

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13. ACKNOWLEDGMENT OF RISK & RELEASE

a. Prior to Your use of any purchased Services, You agree to our Acknowledgment of Risk and release.

 

 

14. INTERNATIONAL TRAVEL/PASSPORT AND VISA

a. Prior to booking international travel, we recommend that you review any U.S. government’s prohibitions, regulations, restrictions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel to such destination is safe or without risk. It is the responsibility of the Traveler, and not us, to become adequately informed about the most current and up-to-date travel information, regulations, restrictions, advisories and warnings by referring both to the U.S. State Department's travel website at www.travel.state.gov/and by accessing the Center for Disease Control (CDC) website athttps://wwwnc.cdc.gov/travel/notices. If the Traveler still chooses to travel to the locale where the U.S. State Department, the CDC, or other authority issues a warning, regulation, or restriction whether before or after traveling to such locale, the Traveler assumes, and we disclaim, all risk of personal injury, death, property damage or other losses or damages that may arise out of, or which relates to, the type of events warned against.

b. A valid passport is required for United States citizens in connection with booking international travel as a part of the Services. Passports must be up-to-date with an expiry at least 6 months after the trip return date. Many countries also require that your passport have at least two completely blank pages. For up-to-date visa requirements, US citizens should visitwww.travel.state.gov. You are solely responsible for (1) ensuring your passport and other international travel documents and credentials are up-to-date as of the date of our international travel, and (2) complying with all policies and procedures implemented by the appropriate travel authorities in connection your international travel, if any. 

c. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples include DHS designated enhanced driver’s license, USA Passport, and a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the data listed on airline ticket(s) and booking records. For more information you can visit the TSA website athttps://www.tsa.gov/travel/security-screening/identification.  You are solely responsible for complying with all policies and procedures implemented by the TSA and DHS in connection with your international travel, if any.

d. In connection with booking international travel in connection with the Services, Travelers that are non-United State citizens  must hold a valid passport and all additional documents required in connection with such international travel. Such Travelers should contact consulates of the countries to be visited during such international travel and obtain all proper documents before departure. The possession of required and valid passport and visas is the sole responsibility of the Traveler, no matter the country of such Traveler’s citizenship, and we assume no liability for lack of proper documents in connection therewith.

e. It is essential and your sole responsibility that You see your physician before booking your trip and before traveling to make sure that you have taken all necessary health precautions. Some vaccinations require more than one visit with a period of weeks between injections. You should visit your physician at least 6 weeks before departure. For up-to-date medical advice we strongly recommend that you visit the Center for Disease Control and Prevention (CDC) travelers’ health page: www.cdc.gov/travel or for non-US citizens, your country’s equivalent. 

f. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries You may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

g. Disinfection: Some countries require insecticide spraying of aircrafts prior to a flight or while You are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinfection Information page on their website at the time of booking for further information- https://www.transportation.gov/airconsumer/spray .

‍h.ANY FAILURE OF A TRAVELER TO HAVE PROPER VISAS, PASSPORT, AND OTHER REQUIRED DOCUMENTATION WILL LIKELY RESULT IN THE TRAVELER NOT BEING ABLE TO LEAVE THE COUNTRY OR ENTER A DESTINATION. IN SUCH CASE, NO REFUND WILL BE AVAILABLE TO THE TRAVELER IN CONNECTION WITH THE SERVICES,  AND WE HEREBY DISCLAIM ALL LIABILITY IN CONNECTION THEREWITH.

 

 

15. ACCEPTABLE BEHAVIOR

a. By booking a Service from us, our employees or representatives have the right to work in a safe environment. If You threaten the safety or welfare of yourself or others, You will be removed from the Services, You will not be entitled to any refund from us and You will be responsible for your own repatriation & related costs. We may also elect to ban You from future Services booked.

b. When You book with us, You accept responsibility for any damage or loss caused by You to the accommodations you stay in as a part of the Services. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time of the incident to the accommodation owner or manager or other Supplier.. We are not responsible for any costs incurred concerning a guest removed from a trip. 

c. You must at all times during your participation in the Services comply with all laws, customs, foreign exchange and drug regulations of any and all countries visited in connection therewith.

d. Baggage and personal effects are at all times the sole responsibility of the Traveler. In the event any baggage or other personal effects of a Traveler is misplaced or lost at any time during a Traveler’s booking, the Traveler must contact the applicable airline or accommodation Supplier for assistance with such lost or misplaced baggage or personal effects. Outside Livin Inc is not responsible if your luggage is left in a parking lot or taken by a third party, and the Traveler must at all times ensure that their luggage and other personal effects are secure and that no valuables are left unwatched or unprotected. If riding on a motor coach in connection with the Services, please limit your luggage to one large suitcase, your ski equipment (if you are not obtaining rentals) and a small travel bag. Traveler is solely responsible for ensuring their luggage is well identified. 

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16. SPECIFICATIONS

a. We reserve the right to alter the specifications of any Service as listed on the Website at any time and in our sole discretion and without notice to you, provided that any alteration shall be of materially the same value as the original listed Service.

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17. SUPPLIER TERMS AND CONDITIONS

a. While we provide the booking-related services in connection with the Services, the provision of air, water, rail and ground transportation; hotel and other accommodations; restaurants; food and beverage packages; tours; tickets to live entertainment events and festivals; sightseeing excursions; and, other services and activities in connection with the Services are provided by third-party Suppliers, and not us.

b. Additional Supplier terms and conditions may apply to your reservation and purchase of these Services. You are bound by these Booking Conditions regardless of whether or not You receive notice of these Booking Conditions.  

c. In particular, You acknowledge, agree and understand that:

i. airlines can increase their prices at any time before tickets are issued and that we have no control over such price changes or the issuance of tickets; 

ii. Suppliers offering transportation services, hotel and other accommodations, restaurants, tours, and other booked events may change the time, place, or other details of such reservations, bookings, or events, and we have no control or liability in connection with such changes or modifications;  and

iii. Suppliers have their own terms and conditions covering cancellation penalties and other terms and conditions, which you are solely responsible for obtaining, reviewing, understanding, and abiding by.  

d. We are required to pay all Suppliers well in advance of your trip date. All Suppliers have their own amendment and cancellation policies, which apply to your booking. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the relevant Supplier(s). While we will try our best to assist in any amendment or cancellation requested by you to the relevant Supplier, we cannot guarantee that the relevant Supplier(s) will meet any such amendment or cancellation request, or any other modification to your booking.  A Supplier may impose amendment or cancellation charges on you. In the event  flight tickets, hotel reservations or other items provided for your travel are partially used, the Supplier is solely responsible for issuing a refund, if any. We are not responsible for a Supplier’s failure to pay a refund under any circumstance. For this reason, we highly recommend that You purchase a travel protection plan.

e. We are an independent contractor, and not an employee, agent, or representative of any of these Suppliers. We do not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies Services related to your trip. We are not affiliated with any other trip operator. The Suppliers providing travel and/or other services to You in connection with the Services are independent contractors and are not agents or employees of ours. 

ALL TICKETS, RECEIPTS, COUPONS, AND VOUCHERS AND THE SERVICES PROVIDED BY EACH SUPPLIER ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY EACH SUPPLIER, AND BY ACCEPTING THE COUPONS, VOUCHERS, AND TICKETS, OR UTILIZING THE SERVICES, ALL TRAVELERS AGREE THAT NEITHER WE, NOR OUR AFFILIATES, EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, OR OTHER REPRESENTATIVES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER OR FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR EXPENSES RESULTING DIRECTLY OR INDIRECTLY THEREFROM.WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DELAY, CHANGE IN SCHEDULE, INJURY OR DAMAGE OR LOSS OF ANY TRAVELER THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY ACT OR OMISSION ON THE PART OF OTHERS, INCLUDING WITHOUT LIMITATION, ONE OR MORE SUPPLIERS.

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18. INDEMNIFICATION

a. You agree to indemnify, defend and hold harmless us, our affiliates, and each of their respective officers, directors, representatives, consultants, employees, agents, partners and Suppliers from and against any and all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to legal and accounting fees), brought by third parties that arise from or relate to, directly or indirectly:

            i. breach or non-fulfillment of these Booking Conditions or the documents referenced herein by you or the other trip participants associated with your booking (the “Participants”);

         ii. any failure by you or a Participant to comply with any applicable federal, state or local laws, regulations or codes or the rights of a third party in the performance of its obligations under these Booking Conditions or in connection with the Services; 

iii. your and/or a Participant’s breach of any terms and conditions or policies of any Supplier in connection with your use of or participation in the Services;

iv. any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of you and/or a Participant (including any reckless or willful misconduct);

          v. any misrepresentation, act or omission made by you in connection with your use of the Website or the booking of any Services;

           vi. your use of this Website;

vi. your use of or participation in the Services, including any delay, cancellation, or modification thereof.

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19.  LIMITATION OF LIABILITY

a. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, LICENSEES, AGENTS OR PARTNERS, BE LIABLE TO YOU, ANY OTHER TRAVELER, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, ECONOMIC OR PURE ECONOMIC LOSSES, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR PARTICIPATION IN, OR YOUR INABILITY TO ACCESS OR USE OR PARTICIPATE IN, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

b. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF YOUR  USE OF OR PARTICIPATION IN A SERVICE.

c. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, PARTICIPATION IN, OR ANY INABILITY TO USE OR PARTICIPATE IN ANY SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF: (A) THE AMOUNT YOU HAVE ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

d. EACH PROVISION OF THESE BOOKING CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE BOOKING CONDITIONS.THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE BOOKING CONDITIONS. THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

e. WE WILL NOT BE LIABLE TO YOU FOR, NOR BE DEEMED TO HAVE DEFAULTED UNDER OR BREACHED THESE BOOKING CONDITIONS, FOR ANY FAILURE OR DELAY IN FULFILLING OR PERFORMING UNDER ANY TERM OF THESE BOOKING CONDITIONS WHEN SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ACTS OR CONDITIONS BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD; FLOOD, FIRE, EARTHQUAKE, OR EXPLOSION; WAR, INVASION, HOSTILITIES, TERRORIST THREATS OR ACTS; RIOT OR OTHER CIVIL UNREST; GOVERNMENT ORDER, LAW, OR ACTION; EMBARGOES OR BLOCKADES; NATIONAL OR REGIONAL EMERGENCY; STRIKES, LABOR STOPPAGES OR SLOWDOWNS; OR SHORTAGE OF ADEQUATE POWER OR TRANSPORTATION FACILITIES. ANY EXPENSES OR LOSSES INCURRED BY YOU OR ANOTHER PARTICIPANT ARISING AS A RESULT OF DELAYED FLIGHTS, ADVERSE TRAFFIC CONDITIONS, OR DELAYS TO TRAVEL, ARE THE RESPONSIBILITY OF THE TRAVELER. 

 

‍20. DISCLAIMER OF WARRANTIES.

WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

21. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

 

1. Mandatory Arbitration of Disputes. YOU AND OUTSIDE LIVIN EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE BOOKING CONDITIONS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR YOUR ACCESS TO OR YOUR USE OF THE SERVICES OR ANY ASPECT OF YOUR RELATIONSHIP WITH OUTSIDE LIVIN (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. YOU AND OUTSIDE LIVIN AGREE THAT THE U.S. FEDERAL ARBITRATION ACT (OR EQUIVALENT LAWS IN THE JURISDICTION IN WHICH THE OUTSIDE LIVIN ENTITY THAT YOU HAVE CONTRACTED WITH IS INCORPORATED) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE BOOKING CONDITIONS AND THAT YOU AND OUTSIDE LIVIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE BOOKING CONDITIONS.THIS ARBITRATION WAIVER SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE IN THESE BOOKING CONDITIONSOR ANY PRIOR TERMS AND CONDITIONS SET FORTH BY OUTSIDE LIVIN RELATED TO THE SERVICES.

 

NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST OUTSIDE LIVIN ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH OUTSIDE LIVIN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST OUTSIDE LIVIN IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

 

2. Exceptions. As limited exceptions to the above-described arbitration requirement:

1. you may seek to resolve a Dispute in small claims court if the Dispute qualifies, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and
2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

 

3. Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any Dispute with Outside Livin. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Outside Livin Legal Department at 5395 W. 25th Avenue, Denver, CO 80214. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within forty-five (45) days after Outside Livin’s receipt of the Notice, then you or Outside Livin may initiate arbitration proceedings as set out below.

 

4. Conducting Arbitration and Arbitration Rules. All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of this arbitration provision are for the court to decide.  The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The laws of the United States, State of Colorado, without regard to any principles of conflict of laws, applies to any arbitration under this section. Unless you and we agree otherwise, any in-person hearings for the arbitration shall take place in Denver, Colorado.  The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. This Section 18 shall survive any termination of these Booking Conditions, including any termination of your relationship with us.

 

5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the applicable rules. If you assert a claim against Outside Livin, you will be responsible for paying any consumer filing fee. Outside Livin will pay for all other filing, administration and arbitrator fees and expenses. If your Dispute is for less than U.S. $10,000 (including attorneys’ fees and costs) and the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, Outside Livin will reimburse your initial filing fee. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

 

6. Class Action Waiver. YOU AND OUTSIDE LIVIN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.

 

7. Jury Trial Waiver. YOU AND OUTSIDE LIVIN EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Outside Livin are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Booking Conditions as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Outside Livin over whether to vacate or enforce an arbitration award, you and Outside Livin waive all rights to a jury trial and elect instead to have a judge resolve the dispute.

 

8. Limited Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE BOOKING CONDITIONS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  REMEDIES FOR ANY CLAIM BY YOU IN CONNECTION WITH THE THE SERVICES OR THESE BOOKING CONDITIONS SHALL BE LIMITED TO MONETARY DAMAGES, AND YOU HEREBY AGREE THAT YOU WILL NOT BE ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF.  

 

22. Contracting Entities, Governing Law and Jurisdiction.

Subject to the agreements in Section 18 above,

1. if your contract for the Service is with Outside Livin, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Denver, Colorado, United States of America, and you consent to the jurisdiction of those courts; and
2. if your contract for the Service is with an affiliate of Outside Livin, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the courts located in the jurisdiction under which that Outside Livin affiliate is incorporated, and you consent to the jurisdiction of those courts.

 

23. Interpretation; Severability; Waiver; Remedies.

Headings are for convenience only and shall not be used to construe these Booking Conditions. If any term of these Booking Conditions is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Booking Conditions. No failure or delay by Outside Livin in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Outside Livin. Outside Livin’s rights and remedies hereunder are cumulative and not exclusive.

 

24. Successors; Assignment; No Third Party Beneficiaries.

These Booking Conditions are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Booking Conditions without Outside Livin’s prior written consent. Outside Livin may assign its rights, obligations and/or these Booking Conditions to any person or entity at any time in its sole discretion without notice to you.Any attempted assignment that does not comply with these Booking Conditions will be null and void.

 

25. Notices.

You consent to receive all communications including notices, agreements, disclosures, or other information from Outside Livin electronically. Outside Livin may communicate by email or by posting to the Website. For support-related inquiries, you may email us at legal@skisync.com.

Nothing in these Booking Conditions or otherwise limits Outside Livin’s right to object to subpoenas, claims, or other demands.

 

26. Entire Agreement.

In the event of a conflict between any policies posted on the Website and these Booking Conditions, these Booking Conditions will control. These Booking Conditions, together with the Terms and Conditions and the Privacy Policy, and any other applicable Outside Livin policy made available to you represent the entire understanding between Outside Livin and you regarding the Services and supersede all prior agreements and understandings regarding the same. If any provision of these Booking Conditions is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.