Terms & Conditions


  1. Deposit and payment.

    A refundable deposit is required at the time of booking to secure space. Full payment is required 30 days prior to your departure date.

  2. Cancellation policy.

    Because of the COVID‐19 pandemic, we have temporarily adjusted our cancellation and transfer terms to give you flexibility when making travel plans. Should we elect to revert to our standard policy in the future, we will notify all travelers and provide a commercially reasonable grace period before it takes effect.

  3. Updated cancellation and transfer policy (In effect until further notice).

    Travelers may transfer or cancel their reservation without penalty within 30 days of departure should they no longer feel comfortable proceeding with their planned departure due to the COVID‐19 outbreak.

  4. Standard cancellation and transfer policy (Currently inactive).

    If you decide to cancel your trip, the following fees apply and are due when we receive notice of your cancellation:

    •  91+ days prior to departure = $0
    •  61 to 90 days = Initial Deposit
    •  31 to 60 days prior to departure = 50% of the total trip cost is non‐refundable
    •  0 to 30 days prior to departure = 100% of the trip cost is non‐refundable
    •  If you instead transfer to another trip, the following fees are due at the time of the request:
    •  61+ days prior to departure = $0
    •  31 to 60 days = Initial Deposit
    •  0 to 30 days prior to departure = 100% of the trip cost is non‐refundable

    To protect your investment, we recommend that you purchase travel insurance.
    Full details on our cancellation policy (see below).

  5. Your responsibilities.
    A. Medical considerations:

    If you have any medical or psychological conditions, it's very important you let us know well before departure so that we can make extra arrangements, if necessary. Trip leaders have the right to disqualify anyone at any time during the trip if they feel the trip member is mentally or physically incapable to continue and/or if a trip member's continued participation jeopardizes the group's or his/her own safety. Under these circumstances, refunds are not given. Winding Road Tours is not a medical facility and therefore has no responsibility regarding medical advice, medications, or inoculations that you or your doctor deem necessary for your safe participation. Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult, and expensive. Winding Road Tours assumes no liability regarding provision of medical care. By signing the Liability Release and Assumption of Risk Agreement, you agree to pay for emergency evacuation and emergency medical care.

  6. Your obligations as a trip member.

    By participating in a Winding Road Tours trip, you assume certain obligations to Winding Road Tours and the other trip members. It is your responsibility to:

    •  Understand the conditions implied in the Activity Level rating of your selected trip
    •  Select a trip that is appropriate to your interests and abilities
    •  Prepare for the trip by familiarizing yourself with the trip itinerary and trip preparation materials sent by Winding Road Tours
    •  Bring appropriate gear and clothing as advised by Winding Road Tours
    •  Obtain all necessary visas
    •  Follow considerate standards of personal hygiene in order to reduce risk of contracting diseases
    •  Follow considerate social behavior with other trip participants and respect their habits
    •  Act in an appropriate and courteous manner befitting the customs of countries you visit
    •  Complete the trip itinerary as scheduled (or as adjusted by your trip leader as necessary)
    •  Respect the countries we visit by using environmentally safe products, staying on established routes of travel and not littering.

    Winding Road Tours reserves the right to decline to accept or retain any person as a tour participant should such person's behavior, health, or mental condition impede the operation of the trip.

  7. Our legal limitations ‐ PLEASE READ CAREFULLY.

    Winding Road Tours may contract with independent contractors to provide transportation, guide services and/or all other related travel services. We assume no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: negligence caused by the independent contractor ‐ acts of God ‐ detention ‐ annoyance ‐ terrorism ‐ thefts ‐ pilferage ‐ force majeure ‐ civil disturbances ‐ government restrictions or regulations ‐ strikes ‐ delays and expenses arising from quarantine ‐ failure of any means of conveyance to arrive or depart as scheduled ‐ discrepancies or change in transit or hotel services over which we have no control.

    We reserve the right to make reasonable changes in the itinerary where deemed advisable for the comfort and well‐being of trip members. By advancing deposit to Winding Road Tours, the depositor thereby agrees to be bound by the above terms and conditions.

  8. Cancellations.

    If you decide to cancel your trip, the following fees apply and are due to Winding Road Tours at the time (prior to departure) we receive written notice of your cancellation.

    •  61‐90 days Initial Deposit
    •  31‐60 days 50% of trip cost
    •  0 to 30 days 100% of trip cost

    To protect your investment, we recommend that you purchase trip cancellation insurance.

  9. Transferring trips.

    If you decide to transfer your reservation, the following fees apply and are due to Winding Road Tours at the time (prior to departure) we receive written notice of your intention to transfer.

    •  61 or more days $0
    •  31 to 60 days Initial Deposit
    •  0 to 30 days 100% of trip cost

    To protect your investment, we recommend that you purchase trip cancellation insurance.

  10. Travel insurance.

    Should you have to cancel your trip because of illness, injury or death to you or an immediate family member, this insurance protects all your deposits and payments for both air and trip costs. We strongly recommend the purchase of trip insurance.

  11. If we cancel a trip.

    Winding Road Tours reserves the right to cancel all or a portion of a trip for force majeure or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at Winding Road Tours' sole discretion. We also reserve the right to cancel any trip if sign‐up is inadequate to make the trip economically feasible for us to operate, and in this event, we give a full refund of the trip price. However, Winding Road Tours is not responsible for additional expenses incurred by you in preparing for the trip (e.g., non‐refundable air tickets, visa fees if applicable, gear or medical expenses).

  12. Fewer than required number of participants.

    Each trip requires a minimum number of participants for departure. If we sign up enough
    participants to run a trip but unexpected cancellations drop the number of participants below the
    required minimum, we will run the trip at an additional charge of $300 per person. If additional
    participants join and the required number of participants is re‐attained, the surcharge will be refunded.

  13. Refunds.

    Winding Road Tours does not give any refunds for unused hotel rooms, meals, sightseeing trips or trek arrangements. Trip price is quoted as a package; credits are not given for services not used.

  14. Release of Liability, Assumption of Risk and Indemnification Agreement.

    All participants must acknowledge the following Release of Liability, Assumption of Risk and Indemnification Agreement. A copy of this form will be included in your online traveler profile.

    A. Trip and Associated Risks: I have chosen to participate in the above-referenced trip (hereinafter referred to as "the Trip") of my own free will volition and accord without duress or apprehension of any kind whatsoever, which is organized by Winding Road, Inc., doing business as Winding Road Tours (hereinafter referred to collectively as "Winding Road Tours"). I understand that:

    i. The Trip involves activities that are inherently hazardous and dangerous, including those described in the separate document for the Trip, "Activity Level and Risks and Hazards," which has been provided to me and which I am also signing and returning;

    ii. During the Trip, I may be exposed to dangers and hazards, including equipment
    failures and negligence by others;

    iii. As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged;

    iv. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and

    v. WINDING ROAD TOURS ASSUMES NO RESPONSIBILITY FOR PROVIDING MEDICAL CARE DURING THE TRIP, AND I WILL HAVE TO PAY FOR ANY MEDICAL CARE AND/OR EVACUATION THAT I INCUR. IN CONSIDERATION OF THE PERMISSION TO PARTICIPATE IN THE TRIP, I AGREE TO THE TERMS CONTAINED IN THIS DOCUMENT.

    Initials:

    B. ASSUMPTION OF THE RISKS: I HEREBY FREELY AND FULLY ASSUME THE ABOVE MENTIONED RISKS, OF MY OWN FREE WILL VOLITION AND ACCORD WITHOUT DURESS OF ANY KIND, AND ANY HARM, INJURY OR LOSS THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF MY PARTICIPATION IN THE TRIP‐INCLUDING ANY RISKS CAUSED BY THE NEGLIGENCE OF WINDING ROAD TOURS, ITS EMPLOYEES AND OFFICERS, ITS CONTRACTORS, AND OTHER TRIP PARTICIPANTS.

    Initials:

    C. WAIVER AND RELEASE OF LIABILITY: I HEREBY FOREVER AND FULLY WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS AGAINST WINDING ROAD TOURS, ITS EMPLOYEES, OFFICERS, DIRECTORS, VENDORS AND CONTRACTORS ("RELEASED PARTIES"), WHERE SUCH LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM (WHETHER FORESEEN OR UNFORESEEN) THAT OCCUR TO ME OR TO ANY OTHER PERSON OR TO ANY PROPERTY DURING THE TRIP OR ARE IN ANY WAY RELATED TO THE TRIP. THIS RELEASE INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR THE NEGLIGENCE OF THE RELEASED PARTIES AND CLAIMS FOR STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES. THIS RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, INTENTIONAL OR RECKLESS MISCONDUCT, OR ANY OTHER LIABILITIES THAT NEW MEXICO LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT. I ALSO AGREE NOT TO SUE OR MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR DEATH, INJURIES, LOSS, OR HARM THAT OCCUR ON THE TRIP.

    Initials:

    D. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I PROMISE TO INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES AGAINST ANY AND ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS THAT ARISE FROM MY ACTS OR MY FAILURE TO ACT (INCLUDING MY OWN NEGLIGENCE) DURING OR RELATING TO THE TRIP. IN ACCORDANCE WITH THIS PROMISE, I WILL REIMBURSE THE RELEASED PARTIES FOR ANY DAMAGES, REASONABLE SETTLEMENTS AND DEFENSE COSTS, INCLUDING ATTORNEY'S FEES THAT THEY INCUR BECAUSE OF ANY SUCH CLAIMS MADE AGAINST THEM. I AGREE THAT IN THE EVENT OF MY DEATH OR DISABILITY, THE TERMS OF THIS AGREEMENT, INCLUDING THE INDEMNIFICATION OBLIGATION IN THIS SECTION, WILL BE BINDING ON MY ESTATE, AND MY PERSONAL REPRESENTATIVE, EXECUTOR, ADMINISTRATOR OR GUARDIAN WILL BE OBLIGATED TO RESPECT AND ENFORCE THEM AND ANY AND ALL OF MY HEIRS, SUCCESSORS OR ASSIGNS.

    Initials:

    E. Other Forms and Terms: I have carefully read Winding Road Tours' Reservation Information, Health Form, "Activity Level and RISKS AND HAZARDS," I have also carefully read and have familiarized myself with all of the information provided to me about the Trip and its rating. I agree to all of the conditions in the Reservation Information‐ including the sections about my responsibilities and about Winding Road Tours' legal limitations. I acknowledge and agree that Winding Road Tours has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Trip.

    F. Severability: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by New Mexico law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

    G. APPLICABLE LAW, FORUM & ATTORNEY'S FEES: THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW MEXICO, WITHOUT ANY REFERENCE TO ITS CHOICE OF LAW RULES. I AGREE THAT ANY DISPUTE ARISING FROM THIS AGREEMENT OR IN ANY WAY ASSOCIATED WITH THE TRIP SHALL BE FIRST SUBMITTED TO CONFIDENTIAL NON‐BINDING MEDIATION AMONG THE PARTIES BY A MEDIATOR MUTUALLY AGREEABLE TO THE PARTIES. I AGREE THAT THE OUTCOME OF ANY MEDIATION WILL BE STRICTLY CONFIDENTIAL. IF THE DISPUTE CANNOT BE FULLY AND FINALLY RESOLVED THROUGH MEDIATION, THEN I AGREE THAT THE DISPUTE SHALL BE ARBITRATED PURSUANT TO THE NEW MEXICO ARBITRATION ACT BY ONE SINGLE ARBITRATOR WHO IS MUTUALLY AGREEABLE TO THE PARTIES. IF THE PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN EACH PARTY SHALL PROPOSE THREE (3) ARBITRATORS AND THE THEN CHIEF JUDGE OF THE FIRST JUDICIAL COURT OF THE COUNTY OF SANTA FE, STATE OF NEW MEXICO, SHALL BE ASKED TO SELECT AN ARBITRATOR FOR THE PARTIES. THE PARTIES SHALL SHARE ALL COSTS ASSOCIATED WITH THE ARBITRATION. NOTWITHSTANDING ANY PROVISION THE CONTRARY HEREIN, IN ANY LITIGATION OR ARBITRATION IN WHICH THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT IS CONTESTED, I AGREE THAT THE PREVAILING PARTY WILL PAY ALL ATTORNEY'S FEES AND COSTS OF THE PARTIES SEEKING TO UPHOLD THE AGREEMENT.

    Initials:

    I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.

    If participant is a minor, signature of parent or guardian is also required: In consideration of my minor child's being permitted to participate in the Trip, I accept and agree to the full contents of this agreement. I understand that I am responsible for and I accept the responsibility for the supervision throughout the duration of the Trip of any minor traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child during the Trip or in any way related to the Trip. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional or reckless misconduct, or any other liabilities that New Mexico law does not permit to be excluded by agreement.

    By signing below, I acknowledge that I am signing a binding legal document and that I have had the opportunity to seek counsel before signing and I have either done so, or refrained from doing so, of my own free will volition and accord.

    Date: September 20, 2021
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Signature Certificate
Document name: Terms & Conditions
lock iconUnique Document ID: f1d3b348168d5a02cd72e232bcf188ad01446e7b
Timestamp Audit
May 13, 2021 9:21 pm EDTTerms & Conditions Uploaded by Lynn Pilgrim - lynnpilgrim@yahoo.com IP 71.163.83.164