Terms & conditions

All Spark Experiences have always been, and will continue to be, 100% private— and ALL ABOUT YOU.

You will NEVER share the vehicle with anyone outside of your own party. This gives us the utmost flexibility with our time together, allowing us to tailor your day to you! Our goal is for you to have the most relaxed and impactful day possible — making the most of your valuable time and experiencing the best of San Francisco and the Bay Area.

The following is all the stuff our brilliant and thoughtful lawyer asks us to share with you.

SF Spark Tours, LLC dba Spark Experiences (hereinafter “Spark Experiences”, “we”, “us”, “our”) is a tour guide providing unique tours in California.  We are proud to bring our clients (hereinafter “traveler”, “you”) an insider’s look at this beautiful state. 

CONTRACT

We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our Supplier form the basis of the contract with you.  Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). By participating in any Spark Experience, you acknowledge that you have read, understood and accept the following, in its entirety.  Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses all of which you agree to. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.

The traveler making the booking assumes the responsibility of sharing these Terms and Conditions with each traveler for whom they are booking. In the case the booking is made by a Travel Advisor, the Advisor is responsible to provide all travelers with a copy of our terms and conditions. Spark Experiences is not responsible for any traveler’s unawareness of the Terms and Conditions due to the failure of the lead traveler or Travel Advisor to share this information with all other travelers.

CHANGES TO THESE TERMS AND CONDITIONS

Spark Experiences reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these terms and conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the terms and conditions constitutes your consent to the changes. Prior to participating in any experience, all guests will also be asked to sign a mandatory Guest Participation Waiver.

A Note on COVID-19

Now more than ever, during the era of COVID-19, SF Spark Tours LLC takes healthy and safety VERY seriously!

Borrowing a page from the CDC, we have taken enhanced health and safety measures–for you, our staff and our partners.

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is a contagious disease. Please know and weigh your own personal risk. By touring, you voluntarily assume all risks related to exposure to COVID-19.

If you are exhibiting any symptoms of COVID-19 or generally not feeling well, please err on the side of caution and stay home to rest. If that’s the case, please let us know ASAP and we’ll do our best to work with you to reschedule.

We may ask participants to comply with common sense precautions as deemed appropriate by the CDC and current local County directives. This may include proximity with individuals outside our group when physical distancing isn’t feasible. This may also include wearing PPE, and regularly sanitizing our hands. If such a request is made, we kindly expect all guests to comply.  While we do seek to minimize risk, you acknowledge that exposure to such viruses or disease is an inherent risk of your voluntary participation, that cannot be controlled or eliminated by Spark Experiences.

Though it has NEVER happened to date, SF Spark Tours reserves the right to remove any guests from the tour for any reason at our sole discretion.  Should such an unfortunate event occur, the booking will be considered non-refundable and return transportation will be solely at client expense.

Guests who decline to sign a Guest Participation Waiver acknowledging COVID-related risks, will also not be able to go on tour, nor be eligible to any refund.

Let’s keep each other healthy and safe! 🙂

Booking

When you are ready to make a booking, you can do so either on our website or by calling us at (650) 337-3113.  Your booking will be confirmed after receipt of full payment.  We reserve the right to refuse a booking without giving any reason and shall in that event return any payment received.

While we do accept major credit cards, travelers must provide to us a click authorization for every transaction for your tour. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Spark Experiences retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback, in which case the cancellation charges as set out below would apply. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Spark Experiences or the Supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy.

Prices and Rate Changes

The price of your tour will be based on known costs at the date of issue of the ticket.  All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time.   We reserve the right to correct any pricing errors.  If we do change a price you will be informed and you may choose to pay the difference or cancel your booking.  In the case of cancellation, the booking charges set out below will apply.  All prices are based on pickup locations within San Francisco City limits unless otherwise noted or confirmed in writing by us.  Additional travel or tour time, vehicle charters, or service costs incurred will be invoiced as necessary and payable to Spark Experiences or third party providers upon receipt.

Tour Duration

While we always make our very best effort, all timings are approximate and can sometimes be impacted by traffic, weather and other conditions beyond our control. Please let us know if you have firm plans following your SF Spark Tours experience and must return by a certain time. Rest assured we will do our utmost to help you keep your appointments.

When selecting a duration, we encourage you to allow ample time. It’s no fun to feel rushed on vacation!

Should you choose to extend your experience day-of, additional hours will be charged $125/hr at conclusion.

Third-Party Costs

Please note tasting fees, meals, attraction admission fees and other expenses are not included unless expressly stated in the experience description. These expenses will be payable directly to the merchant providing the service at their published rate OR at our pre-negotiated rate, which will be disclosed to you prior to the activity.

Pick-ups and Drop-offs

Pick-ups and drop-offs are assumed to be from locations inside San Francisco or Oakland City limits. Should you need another location, just please let us know at booking so we can make the proper adjustments. Outlying locations can significantly factor into the time we can spend on our experience and may impact our pricing. If unsure, please inquire. We are here to help!

As a courtesy to others in the tour, it is mandatory that you be on time for all scheduled experiences.  Tours will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available.  It is essential that you keep in mind that tour times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.  Group sizes may vary based on the experience and booking.

Service-Learning Volunteer Activities

All service-learning activities referenced in any experience description are informal and 100% voluntary in nature. Fees associated with your Spark Experience cover your transportation, education, equipment, refreshments, included tasting fees as stated, and overall coordination of your recreational experience. SF Spark Tours LLC and its personnel are not directly responsible for, nor being compensated for, any service performed by volunteers on private or public property.

Similarly, SF Spark Tours LLC, its personnel and partners are not responsible for any harm that may result from a guest’s willing participation in such volunteer activities. So basically, if you stub your toe on a rock or fall and scrape a knee while doing something nice for Mother Earth, you aren’t going to hold us responsible.

Alterations to Tours

If between planning time and/or during actual travel, circumstances require changes, Spark Experiences and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Spark Experiences cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.

Standard Cancellation Policy

In a Nutshell:

You may cancel your experience up to 14 days in advance, minus a 20% non-refundable service charge.

Cancellations within 7 days are fully non-refundable.

The Details:

Should you need to cancel within 7 days, please contact us as soon as possible so that we can try to help.  We will do our best to make reasonable accommodations within our availability and ability.  Any unused services not rescheduled within six months from date of purchase or gifting will be considered abandoned and void.  Experiences cancelled or rescheduled more than once will also be considered abandoned and void.  We understand things happen, we just ask that you please be thoughtful when selecting your dates and confirming your booking.

All Custom tours cancelled between time of booking and 7 days prior include an additional non-refundable 20% experience-design fee based on total cost of the experience. This provides for our ability to put together a special experience just for you, including placing reservations for on-tour dining, parking and attractions.  A tour experience will be deemed custom if at any time we refer to it as “custom” (also synonyms such as “tailored” or “bespoke”) in either written or oral communication, indicating that we are making special arrangements for your party, including but not limited to dining reservations, tasting reservations, attraction tickets, reserved parking and especially when any of those arrangements incur any non-refundable costs by third party suppliers.

Any and all costs levied by third party suppliers resulting from late cancelations that are not returned to SF Spark Tours LLC, are not refundable to customers.  In other words, we can only refund expenses that are refunded to us first.  If the client has not yet been charged for authorized non-refundable expenses incurred on their behalf, the client will still be responsible for those expenses.

Experiences that cannot continue due to one or more guests refusal to sign the Guest Participation Waiver will also be considered forfeit and non-refundable.

There will not be any refund for any unused portion of a tour. If you leave while the tour is in progress, there is no refund for the unused portion.

Cancellation By Spark Experiences

We may cancel your booking if you fail to comply with any requirement of these terms and conditions, for which there will be no refund.  We also reserve the right to cancel your travel for any reason at any time before full payment has been received.  If we cancel, except in the case of a force majeure event or for your failure to comply with the terms and conditions, we will provide a full refund.

Force Majeure

Spark Experiences assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Spark Experiences that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Spark Experiences.

Release of Liability

Experiences is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Spark Experiences does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. Spark Experiences is not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of Spark Experiences. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither Spark Experiences, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Spark Experiences. Spark Experiences assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; Spark Experiences assumes no responsibility or liability for personal property including personal motor vehicles; and Spark Experiences shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Spark Experiences accepts no responsibility for lost or stolen items. Spark Experiences reserves the right to refuse any participant or potential participant at its sole discretion.

Additional Risks

Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Spark Experiences to participate in such trips and activities you agree you will not make a claim against Spark Experiences, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release Spark Experiences, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.

Where the traveler occupies a motor coach seat or other motor vehicle seat fitted with a safety belt, neither Spark Experiences nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.

Your Conduct and Indemnification

Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Spark Experiences and our local suppliers. We and our local suppliers reserve the right to remove you from any tour if you endanger yourself or others or disrupt the general well-being of the tour itself. In any such case, there will be no refund.

When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Spark Experiences is not responsible for any costs incurred concerning a traveler removed from a tour. Travelers agree not to hold Spark Experiences or any of its related entities liable for any actions taken under these terms and conditions. Personal effects are at all times the sole responsibility of the traveler.

Medical Conditions/Disabilities

Spark Experiences welcomes travelers of all abilities.  To ensure your enjoyment on tour we would request the following:

Travelers must advise Spark Experiences at time of booking, of any physical, medical or other special needs that require accommodating. Spark Experiences will make reasonable modifications to its policies, practices and procedures when necessary, unless doing so will fundamentally alter the nature of the services provided.  Any increase in price will be the traveler’s responsibility.

Spark Experiences, tour guides, leaders and suppliers are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by a companion traveling with you. Travelers with disabilities must notify Spark Experiences at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

For the safety or our travelers, Spark Experiences reserves the right to request health information prior to travel and to exclude any participants it deems unfit for any tour at its sole discretion.

Photographic/Video Likeness

Traveler hereby gives consent to Spark Experiences to publish any photographs and/or videos of the tour or traveler in printed or electronic media without obtaining further consent and without compensation. Each traveler releases Spark Experiences and its representatives from any liability in connection with any use of such photographs and/or video.

Severability

If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.

Jurisdiction/Choice of Law/Venue/Waiver of Class Action/Notice of Claim

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against Spark Experiences in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Spark Experiences shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Spark Experiences unless you have first provided a typewritten notice of claim to Spark Experiences within 30 days after the tour or cancellation of the tour. 

PHEW!  OK, all that said, PLEASE REST ASSURED WE REALLY ARE NICE PEOPLE and will do everything in our power to do what we can to be reasonable and fair to our valued clients!

MULTI-DAY EXPERIENCES

SF Spark Tours LLC DBA Spark Experiences

Terms and Conditions

SF Spark Tours, LLC dba Spark Experiences (hereinafter “Spark Experiences”, “we”, “us”, “our”) is a tour operator providing unique tours in California.  We are proud to bring our clients (hereinafter “traveler”, “you”) an insider’s look at this beautiful state.

CONTRACT. We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our Supplier form the basis of the contract with you.  Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses all of which you agree to. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.

The traveler making the booking assumes the responsibility of sharing these Terms and Conditions with each traveler for whom they are booking. In the case the booking is made by a Travel Advisor, the Advisor is responsible to provide all travelers with a copy of our terms and conditions. Spark Experiences is not responsible for any traveler’s unawareness of the Terms and Conditions due to the failure of the lead traveler or Travel Advisor to share this information with all other travelers.

CHANGES TO THESE TERMS AND CONDITIONS. Spark Experiences reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these terms and conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the terms and conditions constitutes your consent to the changes.

COVID 19 RELEASE OF LIABILITY. By booking a trip at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your trip. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Spark Experiences.

You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. You understand that you may become sick before, during, or after the trip and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.

You agree that due to uncertainty caused by COVID 19, Spark Experiences has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Spark Experiences shall not be liable to any losses howsoever arising.

You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, AND HOLD HARMLESS SF Spark Tours, LLC dba Spark Experiences, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part  to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

BOOKING PROCEDURES AND PAYMENT.  When you are ready to start your San Francisco adventure simply fill out the online booking form.  Our tours take many hours of planning and work to create a unique experience. To produce this experience, we require a non-refundable deposit. Your booking will be confirmed after receipt of the non-refundable deposit as detailed in your specific tour itinerary.  We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received.

Upon booking, we will provide you with instructions of payments and all due dates.  You must make all payments in full and on time.  If you are booking within 90 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received 90 days prior to the departure date, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel.  In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

While we do accept major credit cards, travelers must provide to us a click authorization for every transaction for your tour. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Spark Experiences retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback, in which case the cancellation charges as set out below would apply. The following chargeback scenarios are improper and we retain the right to investigate and rebut any such chargeback claims:

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
  • Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Spark Experiences or the Supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy.

PRICE AND RATE CHANGES.  The price of your itinerary will be based on known costs at the date of issue of the itinerary.  All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time.   Prices include a cost for fuel and local taxes that are estimated at the date of this publication.  At the time of booking confirmation, we will provide you with an invoice reflecting the current price.

We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment.  Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), dues or taxes payable locally, currency fluctuations and government action, any other airline surcharges, taxes or fees payable for services. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment your price is locked in.

All group tours are based on a minimum number of participants.  Spark Experiences makes every effort to ensure that tours meet their minimum requirements.  However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of Spark Experiences.  In such a case, we may increase the price of the tour, offer alternative tour dates or other travel arrangements, or provide you with a travel credit.  You may choose to accept these arrangements or to cancel your booking, in which case a full refund or travel credit will be provided.  Any air cancellation will be in accordance with the terms of the carrier and Spark Experiences will not be liable for the carrier’s refusal to make any refund whatsoever.  Spark Experiences will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the traveler in anticipation of the tour.

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

Airline tickets are NEVER included in the tour price.  You must wait until we confirm your booking before purchasing airfare.  We will not be responsible if you purchase airfare and the tour is then cancelled.  All airfare is subject to the carrier’s terms and conditions for which we will not be liable.

TOUR INCLUSIONS. 

Accommodations. Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, 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 discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the traveler making the request.

 

Travelers should be aware that hotel room sizes, standards and facilities can vary regionally.  This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards.

 

Spark Experiences reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Spark Experiences’ sole discretion and no refunds will be offered for changes in accommodations.

 

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier.  This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ.  While Spark Experiences does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

 

Transfers. Spark Experiences is pleased to offer transfers in accordance with your individual itinerary. You must be on time for all transfers.  There will be no refund for missed or unused transfers.  You must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available.  If at any time your flight plans change, you must notify us immediately.  Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.

 

Sightseeing. Sightseeing tours in our Tesla Model X, or additional vehicles as needed, are included as provided in the individual itineraries.  These tours are designed to accommodate individuals as well as groups.  As a courtesy to others in the tour, it is mandatory that you be on time for all scheduled experiences.  Tours will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available.  It is essential that you keep in mind that tour times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.  Group sizes may vary from day to day.

 

NOT INCLUDED IN THE TOUR COST. Following are examples of charges and fees not included in the tour cost: fees for obtaining passports or visas, excess baggage charges, inoculations, insurance, airline tickets and taxes, airport (or other) entry fees and departure taxes, optional tours, meals, food and beverage, any items of a personal nature, such as phone calls, or room service, transportation not specifically listed as included, meals that are not specifically included, and any other items not specifically listed in your tour itinerary. This list is illustrative and not a complete list of every item not included.

OPTIONAL EXPERIENCES. If we suggest alternate activities or you encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers, you will be subject to the terms and conditions of that supplier. The supplier may require you to execute additional documents, waivers, or releases. In any case, your only recourse in case of damage will be against the supplier of the alternate activity.

ALTERATION TO TOURS.  If between planning time and/or during actual travel, circumstances require changes, Spark Experiences and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Spark Experiences cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.

CANCELLATION BY TRAVELER.  Cancellation of travel must be made in writing and is effective from the date we receive the written notification.  Because the deposit is paid for the work we do in preparing for the tour, upon cancellation, the deposit will be forfeited.  Spark Experiences incurs costs with the suppliers of your tour well in advance of your tour date. All suppliers have their own cancellation policies, which apply to your booking.  Upon receipt of your cancellation request we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions.  If you are entitled to a refund, please note that the supplier is responsible for this refund, not Spark Experiences. Suppliers may choose to provide a travel voucher or credit in lieu of refund.  We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

In addition, cancellation charges will apply.  Cancellation charges are expressed at a percentage of quoted price as follows:

Days before Departure We Receive Notice of Cancellation Cancellation Charge Per Person
More than 90 days Deposit is forfeited
61 to 90 days 50%
31 to 60 days 75%
30 days or less 100%

 

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.

Airline tickets are governed by the air carriers’ terms and we are not responsible for any air carrier’s decision regarding refund.

NO REFUND FOR UNUSED ARRANGEMENTS.  As Spark Experiences’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the tour is in progress, there is no refund for the unused portion.

CANCELLATION BY SPARK EXPERIENCES.  We may cancel your confirmed travel if you fail to comply with any requirement of these terms and conditions, for which there will be no refund.  We also reserve the right to cancel your travel for any reason at any time before full payment has been received.  If we cancel, except in the case of a force majeure event or for your failure to comply with the terms and conditions, we will provide a full refund.

FORCE MAJEURE. Spark Experiences assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Spark Experiences that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Spark Experiences.

TRAVEL PROTECTION PLAN.  Travel is an investment and as such traveler’s would be wise to protect their investment.  We strongly encourage all travelers to purchase a Travel Protection Plan, including additional cancel for any reason coverage.  Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Medical Evacuation, 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 costly medical evacuation costs), missed connections and baggage loss.  Many plans must be purchased in close conjunction with your tour purchase so we encourage travelers to investigate their options as soon as possible.

Spark Experiences is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel protection plans. Spark Experiences cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Declining travel protection plan coverage could result in the loss of your travel cost and/or require more money to correct the situation. You acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available. 

DESTINATIONS AND DOCUMENTATION.  Travel to certain destinations may involve greater risk than others. Spark Experiences urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and  http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Spark Experiences will not be liable for damages or losses that result from travel to such destinations.

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up to date requirements you must check with your applicable government agency. When travelling domestically within the USA 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, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Spark Experiences strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Traveler to miss flight(s), and subsequent scheduled travel bookings tours.  Spark Experiences bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

RELEASE OF LIABILITY.  SF Spark Tours, LLC dba Spark Experiences, and its employees, members, owners, agents, and representatives (Spark Experiences) use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Spark Experiences is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Spark Experiences does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. Spark Experiences is not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of Spark Experiences. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither Spark Experiences, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Spark Experiences. Spark Experiences assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; Spark Experiences assumes no responsibility or liability for personal property including personal motor vehicles; and Spark Experiences shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Spark Experiences accepts no responsibility for lost or stolen items. Spark Experiences reserves the right to refuse any participant or potential participant at its sole discretion.

ADDITIONAL RISKS. Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Spark Experiences to participate in such trips and activities you agree you will not make a claim against Spark Experiences, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release Spark Experiences, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.

 

Where the traveler occupies a motor coach seat or other motor vehicle seat fitted with a safety belt, neither Spark Experiences nor the Operator nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.

 

YOUR CONDUCT AND INDEMNIFICATION. Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Spark Experiences and our local suppliers. We and our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.

 

When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. Spark Experiences is not responsible for any costs incurred concerning a traveler removed from a vacation. Travelers agree not to hold Spark Experiences or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the traveler.

 

MEDICAL CONDITIONS/DISABILITIES.  Spark Experiences welcomes travelers of all abilities.  To ensure your enjoyment on tour we would request the following:

 

Travelers must advise Spark Experiences at time of booking, of any physical, medical or other special needs that require accommodating. Spark Experiences will make reasonable modifications to its policies, practices and procedures when necessary, unless doing so will fundamentally alter the nature of the services provided.  Any increase in price will be the traveler’s responsibility.

 

Spark Experiences, tour guides, leaders and suppliers are, unfortunately, unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever a companion traveling with you. Travelers with disabilities must notify Spark Experiences at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

For the safety or our travelers, Spark Experiences reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.

 

PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to Spark Experiences to publish any photographs and/or videos of the trip or traveler in printed or electronic media without obtaining further consent and without compensation. Each traveler releases Spark Experiences and its representatives from any liability in connection with any use of such photographs and/or video.

 

SEVERABILITY. If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.

 

JURISDICTION/CHOICE OF LAW/VENUE/WAVIER OF CLASS ACTION/NOTICE OF CLAIM.

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against Spark Experiences in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Spark Experiences shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Spark Experiences unless you have first provided a typewritten notice of claim to Spark Experiences within 30 days after the tour or cancellation of the tour.