What about when a hunt cancels due to weather, closed roads, floods, or when thru no fault of the client, outfitter, or state/Fish & Game -a military base closeure prevents any hunt to take place? At that late hour the outfitter will have already spent half the money. I guess you will have to have a pre-determined idea how to address such a bummer of a problem. I heard that in 2013 New Mexico hunters lost there hard-to-draw hunts, and high-dollar tags from heavy rains and due to a government shutdown. Who could see that comeing? I don't know if people got refunded anything or not. In other states you could loose all your accumulated points too! That would really suck to loose two decades worth of points and all your fees. Wow!
Anyone know of this ever happening?
LaGriz
In many US contracts, this would fall under a clause known as "Force Majure" which is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The provision may state that the contract is temporarily suspended, or that it is terminated if the event of force majeure continues for a prescribed period of time.
Usually, the circumstances that would create such conditions are referred to as "Acts of God" and might include floods, war, terrorists attacks, lockouts, shutdowns, hurricanes, earthquakes etc and anything else that might be negotiated on a contract. Specific terms of such events can be worked out, but a standard clause would present no liability on behalf of either party. In other words, you would each walk away with your own losses. For the hunter, this might include airfare costs, deposit etc. For the outfitter, this could also be a loss due to logistics and invested time. In some circumstances, the outfitter might be responsible to return the deposit less any expenses, but that would probably need to be stated in the contract and, if you just signed the contract sent to you with no amendments, it would be unlikely that they would return your deposit unless they were just really nice people. Also, it would be fairly easy for an outfitter to "fluff" some receipts and state "Look, I already spent you deposit on nonrefundable expenses."
Disclaimer: I am not a lawyer nor do I work in the outdoor industry. Do not consider the above legal advice. I just deal with event contracts on a regular basis and have "kind of seen it all" when it comes to getting screwed, robbed, stabbed in the back, ripped off, stolen from, lied do, breached and anything else a person can do to financially abuse you with or in spite of a signed piece of paper. Based on that, if I were going to hire an outfitter, I would read the contract carefully and would not hesitate to make amendments and negotiate hardball terms and conditions
in my favor that address such outcomes.