TERMS AND CONDITIONS OF USE - K2 XPERIENCES
The commercialization and provision of experience packages (including travel, cruises, cultural and sporting events) by K2 Investments (hereinafter, "K2" or "The Company") is governed by the following terms and conditions, which you expressly accept by using these services.
1. Definitions 1.1. "K2" or "The Company": Refers to K2 Investments, which organizes and facilitates the Experiences. 1.2. "Experience": Refers to the package of services, travel, or activity offered by K2. 1.3. "Experience User" or "User": Refers to the individual participating in the Experience and their companion(s). 1.4. "Service Provider": Refers to the independent entity providing the final services, such as airlines, hotels, cruise lines, or event organizers.
2. Included and Excluded Services 2.1. Included Services: The price of the Experience includes only those services explicitly stated in the package description. 2.2. Excluded Services: Any other service not detailed in the description is excluded. By way of example, the following are not included: internet services, massages, spa treatments, personal purchases, medical services, or unspecified tips.
3. Experience Conditions and Cancellation Policy The Experience is personal, non-transferable, and non-redeemable for cash, credit, or other services. Once confirmed, the Experience cannot be canceled, modified, or changed in any way. Under no circumstances will full or partial refunds be issued. Failure to appear at the indicated time and date will be considered a waiver of the Experience with no right to compensation or refund. No refunds will be given for any unused portion of a trip once the tour has begun, even if the user leaves the tour for any reason or is excluded.
4. Modifications and Cancellations by K2 K2 Investments reserves the right to modify planned itineraries, travel dates, hotels (of similar or higher category), transportation, and other aspects as necessary for the development of the trip, either before or during it. K2 also reserves the right to cancel the Experience for operational, commercial, or safety reasons, or due to Unavoidable and Extraordinary Circumstances. In case of any modification or cancellation by K2, the User shall not be entitled to any additional compensation.
5. Travel and Health Requirements 5.1. Travel Documents: It is the sole responsibility of the Experience User to obtain and carry valid passports, visas, and other travel documents (valid for at least 6 months after return). K2 is not responsible if boarding or entry is denied due to missing documentation. 5.2. Health and Fitness to Travel: The User guarantees they are in suitable health to travel safely. If the User has any condition that may limit their full and safe participation or endanger themselves or others, they must refrain from participating. 5.3. Travel Insurance: The User is responsible for ensuring that both they and their companions have adequate medical and general liability insurance. The insurance must be valid in the destination country(ies) and cover the full duration of the trip.
6. Limitation of Liability 6.1. Third-Party Service Providers: K2 acts solely as a facilitator in organizing Experiences. The provision of final services (such as but not limited to air and ground transport, accommodation, cruises, tours, and activities) is the sole responsibility of independent Service Providers. Therefore, K2 is not liable for the acts, errors, omissions, representations, guarantees, or negligence of such providers. Any claims must be directed to the respective Service Provider. 6.2. Exclusion of Damages and Responsibility for Belongings: K2 will not be liable for lost profits, income, use, contracts, opportunities, or other direct, consequential, or indirect damages. The User is solely responsible for their personal belongings. K2 is not responsible for the loss, theft, or damage of valuables or any other personal item. 6.3. User Acts: K2 is not liable for damages, losses, or injuries resulting from the User’s own lack of skill, negligence, fault, or failure to follow instructions. 6.4. Monetary Liability Cap: If K2 or Mastercard is found liable, their total cumulative liability will not exceed the total value of the relevant Experience package. 6.5. Force Majeure: In the event of force majeure preventing execution of the Experience, K2 will not be liable for any resulting damages. All obligations will be suspended during the event, with no liability. Once the situation is resolved, K2 will make its best effort to resume the activity. Such events include but are not limited to: war, riots, labor disputes, terrorism, natural disasters, epidemics, pandemics, or any other event beyond K2’s reasonable control. 6.6. Third-Party Information: K2 displays information provided by Service Providers but does not guarantee its accuracy, completeness, or availability.
7. Experience User Responsibilities 7.1. Following Instructions: Users must follow the instructions and orders of staff and comply with conduct policies and general transportation terms. 7.2. Conduct: The User’s behavior must not endanger the safety, peace, or enjoyment of others. K2 or the Service Provider may deny or remove a User whose conduct is considered objectionable, including unlawful or inappropriate behavior. The User will bear all costs arising from their exclusion. 7.3. Damages: The User is responsible for any damage to facilities, furniture, equipment, injuries, or losses to others, as well as fines or penalties incurred. 7.4. Indemnification: The User agrees to indemnify K2, Mastercard, and Service Providers from any damages, fines, costs, or expenses (including reasonable attorneys’ fees) arising from their breach of these Terms, violation of laws, third-party rights, or misuse of the Service.
8. Personal Data Protection and Image Rights K2 is committed to protecting Users' personal information and avoiding its misuse. Personal data will be processed solely to fulfill the Experience, and the User authorizes its disclosure to third parties. Data will be handled according to K2’s and/or Mastercard’s Privacy Policy (if applicable). The User has the right to access, update, rectify, and delete their personal data.
By participating in the Experience, the User grants K2 and Mastercard a non-exclusive, perpetual, worldwide, royalty-free license to use any photographs, videos, or recordings in which they appear, taken during the Experience, for promotional, marketing, and commercial purposes.
10. General Provisions 10.1. Governing Law and Jurisdiction: These Terms of Use are governed by the laws of the State of Florida, USA, without regard to conflict of law principles. 10.2. Modifications: K2 reserves the right to amend these Terms of Use at any time. Continued use of services after such changes constitutes acceptance of the updated Terms. 10.3. Severability: If any provision is deemed invalid or unenforceable, it will be severable and not affect the validity of the remaining provisions. 10.4. Assignment: K2 may assign, subcontract, or delegate its rights and obligations under these Terms at any time. The User may not do so. 10.5. Electronic Communication: The use of electronic means for communication, general and specific terms, is expressly accepted.
