Booking Terms and Conditions

BOOKING TERMS & CONDITIONS

By booking or participating in a tour and any related products or services (a “Tour”) with Haunted San Diego Ghost Tours LLC., (“Haunted San Diego Ghost Tours” or the “HSDGT”), you (“you”) agree to these Terms & Conditions (the “Terms”).

For additional terms that apply to Haunted San Diego Ghost Tours please see:

By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

1. THE BOOKING CONTRACT

Your booking is confirmed and a contract exists when the Haunted San Diego Ghost Tours or your travel agent issues a written confirmation after receipt of the applicable purchase amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Haunted San Diego Ghost Tours or authorized agent immediately. Please ensure that all information, name, email address(es), telephone number(s) are accurate and working.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Haunted San Diego Ghost Tours.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Haunted San Diego Ghost Tours or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents, including, but not limited to release of all claims, waiver of liability and assumption of risk (“Waiver and Release”) as well as HSDGT non-disclosure agreement. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Haunted San Diego Ghost Tours will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Haunted San Diego Ghost Tours at the time of booking. The Haunted San Diego Ghost Tours will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability. Certain activities may be inaccessible to you if your mobility is limited in any way. Any special requests or requirements do not form part of these Terms or the contract between you and the Haunted San Diego Ghost Tours and the Haunted San Diego Ghost Tours is not liable for any failure to accommodate or fulfill such requests.

4. AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the Haunted San Diego Ghost Tours, the minimum age for minors traveling on any Tour is 12 years old.

All bookings with a minor are subject to review and approval by the Haunted San Diego Ghost Tours.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, well being, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Haunted San Diego Ghost Tours does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

5. PRICES, SURCHARGES AND TAXES

The Haunted San Diego Ghost Tours will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes

From time-to-time the Haunted San Diego Ghost Tours may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Haunted San Diego Ghost Tours are not entitled to reduced pricing.

6. VALIDITY

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Haunted San Diego Ghost Tours’s website at least 24 hours prior to departure as minor changes may have been made after the time of booking.

7. DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by the Haunted San Diego Ghost Tours along with final payment. If you fail to supply information required by the Haunted San Diego Ghost Tours for tickets, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Haunted San Diego Ghost Tours, the Haunted San Diego Ghost Tours also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Haunted San Diego Ghost Tours, in its sole discretion.

The information required by the Haunted San Diego Ghost Tours will vary by Tour and will be communicated to you or to the Haunted San Diego Ghost Tours’s authorized agent during the booking process. The Haunted San Diego Ghost Tours will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

8. RESERVING A TOUR & TOUR MINIMUM

Once you have reserved a booking via the Haunted San Diego Ghost Tours you will receive email confirmation that your booking(s) has been reserved.

Once you have reserved a booking via the Haunted San Diego Ghost Tours, you will receive an email confirmation that your reservation (s) is booked. A Haunted San Diego Ghost Tour requires a minimum of 8 people reserved to do the tour. Until that 8 person minimum is met, your booking has been reserved but not yet confirmed. Your credit card has not been charged at this time. Though if you have signed up via a third-party vendor or travel agent, you may have been charged independently, depending on their processes. HSDGT is not responsible for third-party vendors or travel agents policies and processes.

To reserve your spot, you must provide a valid and working credit card through our website (https://hauntedsandiegotours.com). If the booking is confirmed, and you are charged, but your credit card does not process for any reason you risk losing your reservation. We will do our best to contact you directly and get the correct credit card information at that time.

If for some reason the tour does not reach the 8 person minimum, the tour will be canceled. If you signed up via the Haunted San Diego Tours website, you will typically not be charged. You are only charged if a tour goes.

On a rare occasion, you may be charged for a tour that gets canceled due to an unforeseen issue or event (street flooding, last minute incident with an employee and so on). In this case, HSDGT will refund your monies within 72 hours, and you will receive an email confirming this. HSDGT can not predict how long it will take your financial institution to post this refund and is not responsible for their timing. If you signed up via third-party vendor or travel agent, HSDGT will reach out to them and request a refund through their system within 72 hours. HSDGT cannot be held responsible for how long it takes for their system to post your refund.

The Haunted San Diego Ghost Tours is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Haunted San Diego Ghost Tours.

9. FINAL PAYMENT & ACCEPTANCE OF BOOKING

Once the tour minimum is met, if you booked via the HSDGT website, your card will be charged. If you booked through another party, this does not pertain to you.

You will receive a confirmation email confirming your tour time and date. You will also get a .pdf attachment going over the requirements of the tour. You are responsible for reviewing both the email and attached .pdf. The information contained within is vital to your enjoyment of the tour. HSDGT is not responsible for if you miss the tour because you did not read the email and attachment.

If you booked through another party, you would have that information sent to you via their formatting and process. You are responsible for having read and being aware of the information contained within.

The Haunted San Diego Ghost Tours is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Haunted San Diego Ghost Tours.

10. CANCELLATION BY HSDGT

A departure date for a Tour offered by the HSDGT will become a guaranteed departure when the minimum is met and a valid payment has been made on that departure.

HSDGT guarantees that all scheduled Tour departures booked and secured with a processed payment will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date information is available by contacting the HSDGT (619) 255-6170. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Tour is cancelled by the Haunted San Diego Ghost Tours before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Haunted San Diego Ghost Tours:

(a) a substitute Tour of equivalent or superior value; or

(b) a full refund of all monies paid for the cancelled Tour.

The Haunted San Diego Ghost Tours is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Haunted San Diego Ghost Tours reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Haunted San Diego Ghost Tours will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Haunted San Diego Ghost Tours may provide you with a refund for unused products or services as determined in its discretion.

On a rare occasion, you may be charged for a tour that gets canceled due to an unforeseen issue or event (street flooding, last minute incident with an employee and so on). In this case, HSDGT will refund your monies within 72 hours, and you will receive an email confirming this. HSDGT can not predict how long it will take your financial institution to post this refund and is not responsible for their timing. If you signed up via third-party vendor or travel agent, HSDGT will reach out to them and request a refund through their system within 72 hours. HSDGT cannot be held responsible for how long it takes for their system to post your refund.

The Haunted San Diego Ghost Tours is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Haunted San Diego Ghost Tours.

11. CANCELLATION BY THE PARTICIPANT

You may cancel your booking by notifying the Haunted San Diego Ghost Tours. There are no refunds or tour date exchanges.

However, do contact us if you need to cancel, HSDGT will do our best to sell your tickets. If we are able to sell your tickets we may be able to refund you at our discretion. The sooner you contact us the more likely we can work sell them. Please contact us via a call or text message for best results (619) 255.6170.

The Haunted San Diego Ghost Tours is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Haunted San Diego Ghost Tours reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Haunted San Diego Ghost Tours will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.

12. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of touring requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Haunted San Diego Ghost Tours. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Haunted San Diego Ghost Tours (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Haunted San Diego Ghost Tours, including your removal from a Tour because of your negligence or breach of these Terms.

13. RIGHT TO REFUSE SERVICE

Haunted San Diego Ghost Tours guides reserve the right to refuse service to anyone at any time. We enforce a zero-tolerance policy against disruptive behavior including but not limited to: late arrivals, intoxication, horseplay, excessive talking, aggressive behavior, etc. If dismissed during the tour you will not be able to re-board the bus and transportation back to Old Town will NOT be provided. There are no refunds for dismissals.

14. CHANGES

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Haunted San Diego Ghost Tours. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Haunted San Diego Ghost Tours is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Haunted San Diego Ghost Tours will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

15. HSDGT IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The Haunted San Diego Ghost Tours makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Haunted San Diego Ghost Tours takes all reasonable care in selecting Third Party Suppliers, the Haunted San Diego Ghost Tours is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

The Haunted San Diego Ghost Tours is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Haunted San Diego Ghost Tours and its employees.

The Haunted San Diego Ghost Tours is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

16. LIABILITY

The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Haunted San Diego Ghost Tours or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable state and federal laws and international conventions.

LIABILITY WAIVER

I, the undersigned (Guest), agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Haunted San Diego Ghost Tours, LLC; its officers, agents, representatives, employees or tour guides [hereafter referred to as “Staff”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in a tour or experience offered by Haunted San Diego Ghost Tours,LLC due to any cause whatsoever, including without limitation, negligence on the part of Haunted San Diego Ghost Tours, LLC; its Staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.

I am aware that the tours and events offered, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed tour and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of tour or event is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Haunted San Diego Ghost Tours LLC or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. Further, I agree at all times during the tour, to abide by and comply with any additional instructions given by my tour guide or any other Staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour.

Guest understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While Guest understands and agrees that HSDGT will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Guest understands that Haunted San Diego Ghost Tours, LLC assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.

In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither Haunted San Diego Ghost Tours, LLC; nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with HSDGT, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by Haunted San Diego Ghost Tours gross negligence or intentional malfeasance.

Guest agrees and acknowledges that HSDGT shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Haunted San Diego Ghost Tours, LLC arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on the Tour is brought at Guest’s sole risk and is Guest’s sole responsibility.

In entering this Waiver and Release, Guest is not relying on any oral, written nor visual representations or statements by Haunted San Diego Ghost Tours, LLC or its Staff or any other inducement or coercion to go on the tour. Guest confirms that, by Guest own free will, Guest has read and understood the Terms and Conditions of this walking tour or event and Wavier and Release and agree that this Waiver and Release will be binding upon their heirs, next of kin, executors, administrators and successors.

Guest agrees to grant the sponsors of this tour or event to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes Guest hereby gives full consent to HSDGT to use and publish Guest’s likeness on advertisements, and acknowledges that Haunted San Diego Ghost Tours, LLC does not compensate guests in any manner for the use of images in any of the following: photographs, images, drawings and renderings, and for the use of including but not limited to: HSDGT website, brochures, advertisements, bulletins, media releases, newspaper and magazine articles, and any other form of promotion, information and publication, both print and digital.

As a participant on the tour or event, Guest accept full responsibility for their behavior, well being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing, running, or walking for a longer period than Guest is used to. Guest further realizes that the tour may involve walking through unfamiliar, narrow, unpaved and/or steep paths, gangways, roads, stairways and driveways. Guest knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well being and health during the tour or event. Guest agree to hold neither Haunted San Diego Ghost Tours, LLC nor its Staff, or facility liable in any way should any harm come to me. By purchasing the ticket(s), Guest affirms that they have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.

17. VISITOR NON-DISCLOSURE AGREEMENT

Guest understands that for safety and legal reasons, all information about Haunted San Diego Ghost Tours or information that was received from HSDGT or it’s agents must be kept confidential. This includes any products or services that could be considered proprietary information.

This also includes the types of services received or created such as, script, stories, and jokes told, film, photography and/or any type of recording that occurred on tour either via the guest themselves or employees of HSDGT. Guest understands that this information is NOT to be shared with anyone including any private or public institutions.

All information and/or recordings are NOT to be shared on Social Media or any other type of media channel without explicit written permission by Haunted San Diego Ghost Tours.

Guest understands that their confidentiality obligation is on-going and it does not end when upon termination of my relationship with Haunted San Diego Ghost Tours. Guest agrees to abide by the guidelines above. Guest understands that failure to respect these confidentiality guidelines may result in being barred from the establishment along with legal action if needed. Depending upon the impact of a confidentiality breach, Guest may also be subject to civil or criminal liability. This Agreement was created to ensure the safety and privacy of Haunted San Diego Ghost Tours intellectual property and script. I agree to notify an HSDGT prior to participating on a tour if I have questions or concerns regarding this Agreement.

18. FORCE MAJEURE

The Haunted San Diego Ghost Tours will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Haunted San Diego Ghost Tours or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

19. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Haunted San Diego Ghost Tours or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Haunted San Diego Ghost Tours, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

20. PRIVACY POLICY

The Haunted San Diego Ghost Tours must collect your personal information to deliver the Tour and any products or services booked. The Haunted San Diego Ghost Tours collects, uses and discloses only that information reasonably required to enable the Haunted San Diego Ghost Tours and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Haunted San Diego Ghost Tours’s Privacy Policy, which can be accessed any time at https://hauntedsandiegotours.com/privacy-policy/ and is expressly incorporated into these Terms. By submitting any personal information to the Haunted San Diego Ghost Tours, you indicate your acceptance of the Haunted San Diego Ghost Tours’s Privacy Policy.

21. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

22. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

23. APPLICABLE LAW

The Contract and these Terms are subject to the laws of San Diego, California and you submit to the exclusive jurisdiction of the courts located in San Diego, California for the resolution of any dispute under these Terms or concerning any Tour, product or service.

25. INDEMNITY AGREEMENT

Neither party assumes any liability to third persons with respect to any intentional or negligent act or omission of the other party or any employee, agent, or contractor of the other party, in the performance of this Contract.

Each party agrees to indemnify and hold the other party and its directors, officers, members, employees, and agents from and against all demands, claims, losses, damages, judgments, expenses and costs (including attorney fees) arising out of or relating to any and all personal injury or property losses arising out of or related to the performance of this contract; provided, however, that reasonable notice, authority and information to defend is given. And, provided that parties will have no such indemnification obligations to the extent that such demands, claims, losses, damages, judgments, expenses and costs are based on, or arise out of the other party’s willful or negligent acts or omissions.

Each party agrees to indemnify and hold the other party harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the indemnified party related to or arising out of any actual or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware, software, or materials provided by the indemnifying party in connection with this contract.

To receive the foregoing indemnities, the party seeking indemnification must notify the indemnifying party in writing of a claim or suit promptly and provide reasonable cooperation (at the indemnifying party’s expense) and full authority to defend or settle the claim or suit. Neither party will have any obligation to indemnify the other under any settlement made without its written consent.

25. AMENDMENTS

The Haunted San Diego Ghost Tours reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Haunted San Diego Ghost Tours’s website at https://hauntedsandiegotours.com/booking-terms-and-conditions/. Any amendment will take effect 10 days after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Haunted San Diego Ghost Tours’s website and will be sent to you upon written request to the Haunted San Diego Ghost Tours. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Haunted San Diego Ghost Tours’s website. The Haunted San Diego Ghost Tours recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.