Terms of use

What the Site is

The Site presents our destinations and how we work, takes trip inquiries, and hosts the private trip space where travelers with a booked trip complete their details, sign documents, see payment status, and receive final documents. Content on the public pages is provided for general information about our trips and destinations; it is not a live inventory, a price quote, or a guarantee of availability.

Booked trips are governed by your proposal

When you book a trip with us, the agreement for that trip is your written proposal together with the booking terms and conditions you e-sign at acceptance, and any release of liability signed for your group. If anything on this page conflicts with those documents for a booked trip, those documents control.

Who may use the Site

The Site is intended for people aged 18 or older. By using it you confirm you are at least 18 and able to enter into a binding agreement. Minors travel with us regularly, but a parent or legal guardian must make the inquiry, hold the dashboard account, and sign for them.

Your account

Dashboard access is by invitation, for travelers with a trip in progress. You are responsible for keeping your login credentials confidential and for the activity under your account. Tell us promptly at info@highlandadventures.com if you believe your account has been accessed without authorization. Information you submit about other travelers in your group must be submitted with their knowledge and, for minors, as their parent or legal guardian.

Acceptable use

You agree not to:

• Access or attempt to access another traveler’s trip, account, or data
• Probe, scan, overload, or otherwise interfere with the Site’s operation or security
• Use automated tools to scrape the Site or submit forms, or misrepresent your identity when contacting us
• Use the Site for any unlawful purpose

We may suspend or revoke Site access that violates these terms; revoking dashboard access never changes the substance of a booked-trip agreement.

Intellectual property

The Site’s content, including text, photographs, and design, is owned by or licensed to Highland Adventures Inc. and is protected by copyright and other laws. You may view and print pages for your own trip planning; any other reproduction or distribution requires our written permission.

What you send us

You keep ownership of everything you submit, including documents, traveler details, and photographs. You grant us a limited, worldwide, royalty-free license to use, store, and transmit that material only as needed to plan and operate your trip, to provide the Site, and to meet our legal obligations. Passport, identity, and health details are handled under our privacy policy and are never used for marketing. If we ever want to use your photographs or words publicly, we will ask you first and you are free to say no.

You are responsible for having the right to send us what you send, including material about other members of your group.

Links to other sites

The Site links to third parties, including airlines, rail operators, hotels, and government entry and permit systems. We do not control those sites, do not endorse them by linking to them, and are not responsible for their content, availability, or practices. Their terms and privacy policies govern your use of them.

Disclaimers

The public pages of the Site are provided “as is.” Destination conditions, seasons, entry requirements, and third-party schedules change, and while we work to keep our content accurate, we do not warrant that any public page is error-free or current. What we stand behind contractually for your trip is your written proposal, not a marketing page.

To the maximum extent permitted by law, we disclaim all warranties of any kind for the Site, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Site will be uninterrupted, secure, or free of errors. Some jurisdictions do not allow these exclusions, in which case they apply to you only as far as the law allows.

Limitation of liability

To the maximum extent permitted by law, Highland Adventures Inc. is not liable for indirect, incidental, special, or consequential damages arising from your use of the Site itself. Liability connected to a booked trip is addressed in the booking terms you sign; nothing on this page limits rights that cannot be limited by law.

For any claim arising from your use of the Site itself, our total liability is limited to one hundred US dollars (US$100). This cap applies to the Site alone. It does not apply to your trip: liability for a booked trip is governed by the booking terms you sign, which address it on their own terms and are not limited by this paragraph.

Indemnification

You agree to indemnify and hold harmless Highland Adventures Inc., its officers, employees, and agents from any claim, loss, liability, or reasonable legal cost arising from your misuse of the Site, your breach of these terms, or your submission of another person’s information without the authority to share it. We will tell you promptly of any such claim and will not settle it without your consent, which you will not unreasonably withhold.

How we resolve disputes about the Site

Most problems get solved by email, and we would always rather you write to us first. If something cannot be resolved that way, this section governs how a dispute about the Site is decided, and it changes rights you would otherwise have, so it is worth reading.

You and Highland Adventures Inc. agree that any dispute arising out of the Site or these terms will be resolved by binding arbitration rather than in court, before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration is seated in Florida, and it may be conducted by telephone, by video, or on written submissions if you prefer. The arbitrator decides the same claims a court could and can award the same relief to you individually.

Claims are brought individually. You and we each agree not to bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not hear one or award relief to anyone but you. If a court decides this paragraph is unenforceable for a particular claim, that claim proceeds in court and the rest of this section still applies to every other claim.

Two things stay out of arbitration. Either of us may bring a claim in small claims court if it qualifies there. Either of us may also ask a court for an injunction to stop misuse of intellectual property, confidential information, or unauthorized access to the Site, without waiting for an arbitrator.

You have 30 days to say no. You are not bound by this section if you opt out within 30 days of first accepting these terms. Email info@highlandadventures.com with the subject line “Arbitration opt-out” and include your full name, the email address you used with us, and a sentence saying you are opting out. That is all it takes. We will reply confirming we received it, and we keep that confirmation. Opting out costs you nothing, changes nothing else about your relationship with us, and we will never treat you differently for doing it. If you opt out, disputes about the Site go to the Florida courts named below.

We pay the arbitration fees. For any claim under US$10,000, we pay the filing, administration, and arbitrator fees, and you pay only what it would cost to file in court. Each side pays its own lawyers unless the arbitrator awards otherwise. If the arbitrator finds your claim was frivolous, the American Arbitration Association’s rules on fee allocation apply.

This section survives after you stop using the Site.

Governing law

These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules. For any dispute not subject to arbitration under the section above, including small claims and requests for an injunction, and for anyone who has opted out of arbitration, the state and federal courts located in Florida have exclusive jurisdiction and you consent to venue there. The Federal Arbitration Act governs the arbitration section itself.

General

If any provision of these terms is held unenforceable, that provision is limited or removed to the minimum extent necessary and the rest stays in force. A delay or failure to enforce any provision is not a waiver of it, and waiving one breach does not waive any other.

These terms, together with our privacy policy, are the entire agreement between you and us regarding the Site, and replace any earlier understanding about it. They do not replace the documents that govern a booked trip, which are described above and which control for that trip.

You may not assign these terms without our written consent. We may assign them to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets. The sections on intellectual property, what you send us, disclaimers, limitation of liability, indemnification, how we resolve disputes, and governing law survive after you stop using the Site.

Changes to these terms

We may update these terms from time to time. Routine changes take effect when posted on this page with a new “Last updated” date.

If we make a material change, including any change to how disputes are resolved, we will say so prominently on this page and, where we have your email address for an active inquiry or booking, we will tell you directly. A material change takes effect 30 days after that notice, and your 30-day right to opt out of arbitration runs from the same notice for anyone already using the Site.

Contact

Highland Adventures Inc.
info@highlandadventures.com