Terms & Conditions

Cancellation Policy:

If you must cancel a reservation, contact us as soon as possible. All cancellations must be sent via email so that we have record of it. We are always happy to reschedule for a different date provided we have availability. Or we can give you credit towards a future trip from any forfeited fees. The cancellation policy below is for both full payments and deposits:

  • Up to 30 days before departure: Full refund of all fees paid.
  • Between 3 and 30 days before departure: Refund of 75% of fees paid.  The 25% non-refunded fee can be applied to a future trip.
  • Less than 3 days before departure: No refunds can be given. You have the option to reschedule for a different date or receive a credit towards a future trip.
  • Action Photo Tours (APT) cannot offer partial refunds for unused services. If you have to cut your trip short, no refunds can be given.
  • Cancellation fees and forfeited deposits are non-transferable. If you sign-up for another trip, we can apply the forfeited funds towards the new trip. Contact us for details.
  • If you are not present at the time of trip departure, we will try our best to contact you. We cannot offer any refunds for no-shows, but you can still ask for a credit or to be rescheduled.
  • In the event inclement weather keeps us from being able to access our primary destination, APT reserves the right to change the itinerary as required. No refunds can be made for weather conditions. There are many alternate locations we can take you to when the weather is poor.
  • If an overnight trip is cancelled due to weather, then we'll do 2 day trips to alternate locations.
  • In the event a trip must be cancelled due to low participation rates, sickness, accidents, death, political events, natural disasters, and so forth, APT will be promptly refund all fees paid. APT reserves the right to cancel a trip at any time prior to departure. APT will let all trip participants know as soon as possible should this unfortunate event occur. In the event of trip cancellation, APT is not responsible for your personal travel expenses to the gateway location or any other expenses in preparing for the trip. We recommend that you have your own travel insurance.

Trip Insurance:

APT carries the necessary permits and liability insurance for legal operation. APT highly recommends that all trip participants carry their own trip insurance. This should cover any portion of trip payments that we are unable to refund due to cancellation. It should also cover unused airline tickets and so forth. It is the participant’s responsibility to carry adequate health insurance for the areas we will be visiting. Any emergency care, hospital visits, dentist’s visits, doctor’s visits, prescriptions, and so forth are not covered by APT and will be billed directly to the participant if no insurance is carried. The participant is solely responsible for ensuring their travel, health, dental, and prescription insurance provides adequate coverage.

Health and Physical Fitness:

APT expects that all participants be in good health as photography and hiking can be physically demanding. APT reserves the right to ask for a doctor’s statement of good health if deemed necessary. If you have concerns about whether or not your health or fitness is adequate for any given tour, please get an evaluation from a qualified medical professional first. Also, you can contact us at any time with specific questions. Please ensure you make your health/fitness evaluation BEFORE booking any tour, as APT cannot make any exceptions to our cancellation policy for medical reasons. APT recognizes that we will have people of varying abilities, health, and fitness and will make reasonable attempts to accommodate as best we can if it does not undermine the itinerary and goals of the group. It is each participant’s responsibility to ensure they are reasonably fit and healthy for the tour they sign-up for. For each tour, APT lists the degree of difficulty:

Easy: Short jaunts to and from vehicles. Little to no walking but may involve periods of standing or kneeling.
Moderate: Medium length hiking of 2-4 miles. Expect to wake up early in the morning and stay out after sunset in the evening for the best light. Ability to carry your own photo gear is required.
Strenuous: Longer hikes in excess of 4 miles where you’ll be carrying your own photo gear. Backpacking trips with overnight gear also fall into this category. We may be hiking over steep and exposed terrain and a good level of physical fitness is required.

Itinerary Changes and Delays

APT will try to stick to the published itineraries as much as possible. However, there are circumstances outside our control that may cause changes or omissions. These include things like inclement weather, geopolitical events, unexpected closures, transportation delays, sickness, etc. In the event circumstances outside of APT’s control cause a significant deviation to the itinerary, APT reserves the right to make the necessary changes to ensure the most successful tour outcome. No refunds can be given for adverse circumstances outside of APT’s control. Participants should allow some degree of flexibility in the itinerary and scheduling. If an itinerary change is needed before the trip departs, APT will communicate this to the trip participants. Per diem refunds can be given for any significant pre-trip itinerary changes.

Increasing Costs

APT offers trips at a competitive price. Since trips are scheduled far in advance, APT uses the best estimates of costs at the time the trip is first offered. Since fuel and international currencies are volatile, trip costs can change significantly by the departure date. If an exceptional increase in costs occurs prior to departure, APT reserves the right to add a surcharge. Application of the surcharge is again outside of APT’s control and does not constitute an exception to the cancellation policy.

Participation

APT reserves the right to accept or reject a participant for any reason. This will most likely happen if in APT’s judgment the participant is incapable of the required activity and/or continued participation in the tour will endanger the participant or the safety of the group.

Participant Responsibility

APT expects that all participants act in a polite and law-abiding manner. Any illegal activity, drunkenness, illegal drug use, poor treatment of other tour participants or staff, and disrespectfulness will not be tolerated. APT reserves the right to send participants home early at their expense if they cannot comply with these expectations.

Release of Photo/Video Rights

APT may use, reproduce, and/or publish photographs and/or video that may pertain to me— including my image, likeness, and/or voice without compensation. I understand that this material may be used in brochures, e-mails, and online to promote APT and its product offerings.

Limitation of Liability

APT works with hotel operators, transportation providers, food & beverage establishments, and other independent service providers for its tours. Although APT tries to hire good and reputable service providers, their individual actions are not subject to APT’s control. Neither APT, its affiliates, owners, employees and contractors, nor any associate organization shall be held liable for any act, default, injury (including personal injury, emotional injury, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of APT, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, APT cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems with any transportation mode, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of APT. In no event will APT be responsible for incidental, consequential or special damage or loss suffered by any person. APT’s maximum liability, for any reason whatsoever, will be limited to the amount paid to APT for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, APT is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent APT shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. The participant further understands that APT neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold APT responsible for their acts or omissions. Without limitation, APT is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation, medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, any problems or injuries whatsoever arising from hiking or for any other reason beyond the control of APT. APT shall not be responsible for any injury to person (whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising or military action occurring in the countries of origin, destination or passage. In case of a medical problem arising during the voyage, which results in costs for evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to the participant if costs incurred are above that of the Emergency Evacuation Insurance. You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the performance thereunder, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Kane County, Utah, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.

Waiver of Jury Trial

In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.

Acknowledgement of Risk

The participant understands and acknowledges that your travel in an organized tour by APT may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, employees, contractors of APT or of other participants, contractors and/or subcontractors to APT. Risk and dangers may arise from foreseeable and unforeseeable causes. The traveler fully understands and acknowledges that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your journey.

Express Assumption of Risk:

In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this tour in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence, fault or wrongdoing, whether expected or not, of the owners, employees, contractors, or subcontractors of APT or of other participants. You understand and acknowledge that due to the remoteness of where we travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that medical facilities and supplies may be limited and you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s). You understand and acknowledge that APT reserves the right to accept or reject any participant for any reason, and APT or its guide has the right to disqualify you from any trip activity, if in APT’s judgement, you are incapable of that activity and/or your continued participation in the tour will endanger yourself or the safety of the group. It is your responsibility and obligation to inform APT, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the tour or any activity on the tour. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to APT.

Release of Liability:

In consideration of the services and arrangements provided by APT, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify APT, and its owners, agents, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS OR CONDUCT OF THE OWNERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS OR AFFILIATES OF APT.

Acknowledgement:

My signature below indicates that I (on behalf of myself and all other customers/participants for whom I am purchasing the travel package) have, on the date shown, read and understood the terms and conditions for the travel package. I acknowledge that these terms and conditions affect my legal rights and agree to be bound by their terms. My signature also signifies my intention (on behalf of myself and all other customers/participants for whom I am purchasing the travel package) to relieve and indemnify Action Photo Tours LLC, d/b/a “Action Photo Tours”, its owners, employees, affiliates, agents, contractors and subcontractors from any liability for personal injury, emotional injury or distress, property damage or wrongful death which I/we might suffer during participation in the scheduled trip.

 

Testimonials

MarkT"Employed David as my guide for a visit to the False Kiva in Canyonlands, Utah. His communication was very responsive in the first instance and when we met up was particularly helpful and patient with regards settings for the shoot as I was not very experienced in night photography. Came away with good knowledge and a great evening of memories."
-Mark - United Kingdom

MohammedT"I was very happy for the trip I had with David during the first week of Sep 2014. He was very flexible with my requirements. I had to change destination and itinerary couple of times, yet he was very flexible and adoptive for my requirements. Beside his flexibility, he is very committed for his guests to obtain the best shots they are looking, and very punctual as well. Next time I am planning to go with him for photography tour in Alaska."
- Mohamed - United Arab Emirates

AxelT"I recently had the pleasure to go with David Swindler on the Aurora and Polar bear photo adventure, and I really enjoyed this trip tremendously. David is an excellent guide, always ready to help and share his knowledge and tips – I learned so much from him and my photography improved tremendously due to his guidance. David loves what he does and it shows. He is always up to take pictures at the crack of dawn, and even venture out at night after a full day of shooting polar bears to look for the Aurora Borealis and take pictures until late at night. David booked a great captain who took us close to the polar bears and made sure that we got great pictures. I can only say the best of David, his polar and Aurora tour, and do highly recommend him."
-Axel - Los Angeles, C

Need More Information? Contact Us!

Direct Email Link: david@actionphototours.com

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