CANCELLATION AND REFUND POLICY, WAIVER, AND RELEASE OF LIABILITY AND INDEMNIFICATION
Windy City Ski LLC ("Windy City") reserves the right to change its policies at any time without notice.
Windy City's fares, time schedules, equipment, routing, services and information are not guaranteed and are provided "as is" without any warranties of any kind, either express or implied, and Windy City disclaims all warranties, express or implied. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to a particular passenger.
Windy City further specifically disclaims liability for any inconvenience, expense, or damages, incidental, consequential, punitive, lost profits, loss business or otherwise, resulting from errors in its timetable, shortages of equipment, or due to delayed buses. Some states may not allow the exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to a particular passenger.
Windy City is operated by Pioneer Coach Lines., an Illinois corporation, US DOT Number 567245, which is wholly independent from Windy City.
Windy City Cancellation/Re-Routing Rights
Windy City reserves the right to cancel any outbound departure location at any time. Upon such cancellation, a passenger may choose from the following: (a) subject to availability, of which Windy City makes no guarantees, select another pick up location (at no cost or expenses to Windy City), or (b) an exchange voucher. In circumstances in which Windy City cancels because a trip is underbooked, a passenger may choose from the following: (a) subject to availability, of which Windy City makes no guarantees, select another pick up location (at no cost or expenses to Windy City), (b) an exchange voucher or (c) a refund in the form of cash, check or credit to credit card, depending on the form of payment that was used for the ticket(s) being refunded.
If a route is closed or the ski resort is closed or has limited operation due to severe weather, Windy City reserves the right re-route to another resort. I understand and agree that if I desire to go to any other resort, including the originally scheduled resort, I shall arrange my own transportation, solely at my cost. I further understand that Windy City shall have no responsibility or liability whatsoever, under any circumstance, with respect to any credits on lift tickets, whether relating to weather conditions or otherwise.
If a route is closed and/or weather conditions prevent travel, Windy City shall have the option to return to the point of origin. In such event, passengers will be entitled to a refund, in the form of cash, check or credit to credit card, depending on the form of payment that was used for the ticket(s) being refunded, less a transportation charge equal to 25% of the ticket price.
If a passenger cancels a scheduled trip thirty (30) or more days prior to the planned departure thereof, such passenger may receive the calculated refund value, less a 10% refund service charge in the form of cash, check or credit to credit card, depending on the form of payment that was used for the ticket(s) being refunded. The maximum amount imposed on this 10% refund service charge will be $100 per refund transaction on any single reservation.
For cancellations that occur less than thirty (30) or equal to or more than five (5) days prior to the planned departure, a passenger may not receive a cash refund but may receive a credit for a Windy City trip as follows: $40 for Lift Ticket/Bus packages, $60 for Lift Ticket/Bus/Rental packages, $50 for Lift Ticket/Bus/Lesson packages, $70 for Lift Ticket/Bus/Rental/Lesson packages; and $10 for "Bus-Only Registrations." Such a credit is valid for one year for date of issue.
For passenger cancellations that occur less than five (5) days prior to the planned departure, PASSENGERS SHALL NOT BE ENTITLED TO ANY REFUND, REGARDLESS OF THE REASON.
I understand and agree that if I am not at the bus departure station at the stated departure time, Windy City shall have the right to depart without me, I shall not be entitled to any refund, and Windy City shall have no responsibility or liability to me, including, but not limited to, costs incurred by me. I understand and agree that if I am not at the bus at the stated return time from the ski resort, Windy City shall have the right to depart without me, I shall not be entitled to any refund, and Windy City shall have no responsibility or liability to me, including, but not limited to, costs incurred by me (including, but not limited to, transportation costs relating to my return). In such an instance, Windy City reserves the right, but has no obligation to report me "missing."
A ticket becomes non-refundable, not valid for transport and has no exchange value, after one year from its date of issue.
I understand and agree that tickets are non-transferable.
As a condition of holding a ticket, I agree to assume all risk of personal injury or loss or damage to any of my property, and Windy City disclaims liability for baggage, equipment or any other personal property, even if Windy City personnel has handled or assisted in loading or unloading the baggage.
I understand and agree that the bus will be inaccessible during the day. I understand that it is NOT recommended to leave any valuables on the bus. WINDY CITY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOST OR STOLEN ITEMS. I understand and agree that many skis, boards and bags look the same and that Windy City recommends that I label all of such items. I also understand that ski and/or snowboard bags are recommended to avoid scratches.
I am aware that the sport of skiing/boarding involves numerous risks of injury or death, including, but not limited to, injury due to loss of control; falls; the failure of skiers/snowboarders to ski/ride within their own abilities; use of ski
lifts; collisions with or falls resulting from trees, rocks, lift towers, fences, snowmaking equipment, snow vehicles, signs, cold temperatures, other skiers/snowboarders and other manmade or natural obstacles. I understand that I may encounter obstacles that are inherent to the sport, including but not limited to, bare spots, variations in snow, ice and terrain including bumps, moguls, terrain features, stumps, forest growth and debris, rocks, and other ski slope hazards or obstacles whether they are marked or unmarked, manmade or natural, or result of slope design or modifications. I understand and agree that Windy City shall have no duty to warn me of or to remedy any natural or manmade risks, dangers or hazards. I agree that, as a skier/snowboarder, I have responsibilities to myself and to others to ski/ride safely and in control. I understand and agree that I am voluntarily choosing to participate in the sport of snow skiing/boarding with the knowledge of the aforesaid risks of injury or death involved and hereby expressly agree to accept and assume all such risks of injury, death or loss associated with the sport of snow skiing/ boarding and ACTIVITIES CONNECTED WITH OR ASSOCIATED WITH WINDY CITY TRIPS.
I hereby agree to release from any and all legal liability and agree not to sue or make a claim against, and to indemnify, defend and hold harmless Windy City., all of the owners, officers, members, agents, and employees for any and all claims for damage, actions, demands costs, injuries, death to myself or any person or property, including, but not limited to, all defense costs, attorney's fees, and other expenses of any type, caused by or resulting from my participation in the sport of snow skiing/boarding and activities connected with or associated with Windy City trips, whether such costs, damages, injury or death was caused by their negligence or from any other cause.
I certify that I am in good physical condition and that the activities of skiing, snowboarding and other activities associated with Windy City trips require participants to be properly clothed and equipped.
In the event of any emergency, I authorize Windy City to secure from the ski resort medical personnel or a local licensed hospital any treatment deemed necessary for my immediate care and understand and agree that I will be responsible for payment of any and all medical services rendered.
I understand and agree that any and all damages caused by me shall be paid by me to owners of damaged items. I also realize that if I fail to comply with acceptable rules of conduct, at the discretion of the trip leader, I may be stopped from active participation (thus forfeiting all money paid) and be responsible for my own transportation home. Participation on future trips may also be prohibited.
I understand and agree to be respectful and courteous to Windy City staff and other customers. Any obnoxious, lewd, intoxicated, abusive or other inappropriate behavior may result in removal from the bus and I will be responsible for my own transportation home. I understand and agree that no refund or credit will be given and I may be prohibited from future trips.
Without limiting anything else contained herein, I understand and agree that Windy City shall have the right to refuse to transport or shall have the right to remove from the bus at any point, any passenger for the following reasons:
Government Request or Regulations - Whenever such action is necessary to comply with any government regulation, security directive, or any governmental request for emergency transportation in connection with the national defense.
Force Majeure and Other Conditions - Whenever such action is necessary or advisable by reason of weather or other conditions beyond Windy City's control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.
Safety - Whenever refusal or removal of a passenger may be necessary for the safety of such passenger or other passengers or drivers, including, but not limited to:
I agree that if any portion of this agreement is determined to be invalid, void, illegal or otherwise unenforceable by a court of law, all other parts of the agreement shall remain in full force and effect. All travel on, and transactions with, Windy City are governed by the laws of the Illinois, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the Illinois, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The headings of the sections of this Agreement are inserted for convenience of reference only and shall not be used in the interpretation of this Agreement.
I have carefully read this agreement and fully understand its contents and terms. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this legal contract of my own free will. This contract shall be legally binding upon me, my heirs, my estate, assigns, legal guardians and my personal representatives, and in the event that I am signing on behalf of any minors, that I have full authority to do so, realizing its binding effect on them as well as myself.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND I AM THE PERSON NAMED ON THIS REGISTRATION, I HAVE READ THIS DOCUMENT, AND I UNDERSTAND AND AGREE TO ITS CONTENTS.
I HEREBY AFFIRM THAT I AM THE PARENT/LEGAL GUARDIAN WITH LEGAL RESPONSIBILITY OF THE MINOR PASSENGER IDENTIFIED BELOW, AND I HAVE READ THIS DOCUMENT AND UNDERSTAND AND AGREE TO ITS CONTENTS. I FURTHER CERTIFY THAT I DO AGREE TO THE RELEASE SET FORTH HEREIN, ON BEHALF OF MYSELF, MY heirs, my estate, AND MY assigns, OF SAID MINOR AS PROVIDED HEREIN.