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Ken Tutor09-09-2014 01:30PM
Left in the mountains to find our own ride home
On September 6, 2014, we reserved a tour-guided three-hour ATV off-road excursion to a remote lake for fishing and a cook-out. We reserved this from Herman (Wahoo Sport Fishing Jacó, S.A.). I asked Herman about a rain guarantee. They said that we would ride, rain or shine. There were four people in our party. When we started to pay, one person gave me the cash and another forgot his money. I told them that I would pay for the excursion using my credit card and that they could reimburse me later. The tour guide said that since I was using a credit card, they were going to charge me an additional 13%. I told them, “absolutely not” as I told Herman that I was using a credit card when I reserved it. I had even asked Herman if there was a cash discount and I was told no. I signed no rental agreement only the charge slip. After we were on the ATV’s, the guide brought by a form for us to sign. He said it waived the company from any responsibility in case of injury (or death). He gave us helmets and vests. They instructed us how to start the ATV. There was never any safety or driving instructions. Denise told the guide that this was her first time ever on an ATV and she was 63 years old. Our trip started 30 minutes late after our 2:00 PM scheduled time.
We started our tour by driving through town, heavy traffic and across the busy main highway. After crossing the highway, I asked the guide when we were going off-road. He said in approximately one kilometer, we would be on the mountain trail. We never got off the road. I had previously driven on this same public road with my rented car. About 30 minutes into our ride, it started a heavy rain. The dirt road got muddy and very slick. While pulling into the fishing camp (Paz Del Campo), a member of our group slid off the road and through a barb wire fence. The person got several serious cuts, a sprained wrist and twisted ankle. The tour guide came over and pulled the ATV back unto the road. We then parked the ATV’s and proceeded to the restroom to clean the wounds. The tour guide came into the restroom with a large bowl. We assumed that it was to help clean the wounds. It was not. It was to wash the ATV and look for damage. He never once asked about the injuries of the bleeding person.
The tour guide called the business owner to report the accident. He told me that I would be required to pay $150 for the accident, even though it was not me that had the accident. I told him no. These are used ATV’s with bent axles, rust and pre-existing scratches. I told him that for us to be responsible; we would have had to verify that the "scratches" were not there in a pre-inspection. We ate dinner and got ready to drive back.
When we walked to the ATV, the guide told us that without paying the additional money, we would not be able to ride back. He had removed all the keys from the ATV’s. He was instructed to leave us, 20 kilometers away from our hotel in the moun
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