THE FOLLOWING CONTAINS IMPORTANT TERMS AND CONDITIONS THAT APPLY TO ADVENTURE CANADA EXPEDITION CRUISES. PLEASE READ THEM CAREFULLY. THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CONSTITUTE A BINDING LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN THE INDIVIDUAL NAMED ON THE TICKET (“YOU”) AND 750207 ONTARIO INC., OPERATING AS ADVENTURE CANADA (ONTARIO REGISTRATION NOS 0400 1400 / 5002 1860) (“ADVENTURE CANADA”). THESE TERMS AND CONDITIONS APPLY TO THE ADVENTURE CANADA EXPERIENCE FOR WHICH THE REGISTRATION AGREEMENT IS BEING COMPLETED (THE “CRUISE”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dventure Canada is a charterer or sub-charterer of various vessels used for the Cruise, including but not limited to: The vessel Ocean Endeavour chartered from Endeavour Partners Ltd.; The vessel Panorama chartered from Pan Yachting N.E.P.A./ Variety Cruises Limited; and The vessel SV Island Solitude chartered from Bluewater Adventures Ltd. (The “Vessel” and the “Owners” respectively). Adventure Canada also offers pre-, mid- and post-Cruise tours and itineraries (“Enhancements”) as part of the Cruise operated by independent providers including but not limited to Chimu Adventures, Wineland-Thomson Adventures Inc., Eagle Eye Tours, Bluewater Adventures Ltd., Canoe North Adventures, Special Travel Club, Sherwood Forest Productions Ltd., Rabbies Tours, Weber Arctic Expeditions Ltd., and Frontiers North Adventures.
You grant Adventure Canada permission to capture and use your likeness (voice and image in photographs, video and audio recordings) during the Cruise for future promotional activity without payment or other consideration. If you do not wish to be included in any promotional material, you must inform Adventure Canada in advance in writing. In addition, you grant Adventure Canada the irrevocable right and permission to reproduce or use any portion or all of any photograph/image/voice/audio recording/video recording taken by you and submitted to Adventure Canada (collectively, the “Images”) in any or all of its media, brochures, publications, including web-based publications, without payment or other consideration. You understand and agree that all Images will become the property of Adventure Canada and will not be returned. You irrevocably authorize Adventure Canada to edit, alter, copy, exhibit, publish, or distribute these Images for any lawful purpose. In addition, you waive any right to inspect or approve the finished product or to any right to royalties or other compensation arising from or related to the use of the Images. SPECIAL EQUIPMENT: Adventure Canada does not permit Passenger use of drones, including underwater drones or other unmanned vehicles. No exceptions will be made. 5) CANCELLATION AND REFUNDS. FUTURE TRAVEL CREDITS: A Future Travel Credit as described in this Agreement is subject to the following rules. A Future Travel Credit may only be applied toward another, future expedition taking place within thirty months of the original Departure Date. Future Travel Credits may be applied to multiple Cruises and may be transferred to friends or family subject to the same limitations on use. All transfer requests must be received in writing. Future Travel Credits must be redeemed, and travel completed, within thirty months of the original Departure Date. Future Travel Credits are not redeemable for cash. If not redeemed within thirty months of the original Departure Date, the Future Travel Credit will expire, and no longer be valid for any purpose. Future Travel Credits are not available for Pre-post hotels, pre-post Cruise Enhancements, mid-Cruise Enhancements and other third party services. CANCELLATIONS BY THE PASSENGER: All requests for cancellation must be received in writing. Upon Adventure Canada receiving a written notice of cancellation at least 121 days prior to the Departure Date, you shall receive a refund of the amount paid for the Cruise and Charter Flight, less an administrative penalty of $1,000 USD per person, per Cruise. This administrative penalty will be held by Adventure Canada as a Future Travel Credit for a period of no longer than thirty months. If a written notice of cancellation is received by Adventure Canada between 91 and 120 days prior to the Departure Date, you shall receive a refund of 35% of the amount paid for the Cruise and Charter Flight, and no Future Travel Credit will be provided. In the event of a cancellation made 90 days or less before the scheduled date of departure, you will forfeit any amount paid for the Cruise to that date. For these and other reasons mentioned within these Terms and Conditions, you are strongly advised to obtain comprehensive cancellation insurance at the time of registration. Refunds will only be processed in the manner in which the original payment was made. In addition to the refund rules set out in these Terms and Conditions, refunds made by credit card will be subject to an additional 2% handling fee. No refund shall be made to you if you do not participate in one or more parts of, or otherwise commence but do not complete, the Cruise for any reason whatsoever. SUMMARY OF REFUND RULES FOR CRUISES AND CHARTER FLIGHTS: Cancellation from date of booking to 121-days before Departure Date: Penalty: $1,000 USD per person per Cruise held as a Future Travel Credit. Refund: Balance paid less penalty. Cancellation from 91-to 120-days before Departure Date. Penalty: 65% . Refund: 35%. Cancellation 90-days or less before Departure Date: Penalty: 100%. Refund: 0%. SUMMARY OF REFUND RULES FOR PRE-POST HOTEL: Cancellation from date of booking to 121-days before Departure Date: Penalty: $50 USD per room per night for hotels. Cancellation 120 days to Departure Date. Penalty: 100%. SUMMARY OF REFUND RULES FOR PRE-POST CRUISE ENHANCEMENTS: Cancellation from date of booking to 121-days before Departure Date: Penalty: $500 USD per person. Cancellation from 120-days to Departure Date:Penalty: 100%. CANCELLATION BY ADVENTURE CANADA: Cancellation Due to Force Majeure - Adventure Canada will not be held responsible for, and no refunds will be given for, delays or cancellation of all or part of the Cruise or Charter Flight due to causes or circumstances beyond Adventure Canada’s or the Vessel owner’s responsibility or control, including but not limited to acts of God; perils of the sea, harbors, rivers, or other navigable waters; act of any governmental or ruling authority; weather emergencies; breakdown; failure of equipment; epidemic, including any and all governmental orders, and government-mandated closures, restrictions or cancellations imposed as a result of disease or pandemic; collision; stranding; fire; faults or errors in navigation or management of this or of any other vessel; seizure of the Vessel under legal process; any abrupt or unexpected increase in the cost of fuel or shortage of fuel; war; hostilities; riots; strikes or labor stoppages; terrorism; civil disturbance; quarantine,or any other cause or circumstance beyond Adventure Canada’s or the Vessel owner’s responsibility or control (a “Force Majeure Event”). A Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of Canada or the United States, the World Health Organization, The Public Health Agency of Canada or the U.S. Centers for Disease Control; including, without limitation, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization or the U.S. Centers for Disease Control, or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by Adventure Canada or the Vessel owner to fulfill Adventure Canada’s obligations under this Agreement. Cancellation by Adventure Canada Due to COVID-19 - Notwithstanding the above, if Adventure Canada cancels any Cruise or Charter Flight for any reason related to COVID-19 in whole or in part, then Adventure Canada will provide a Future Travel Credit to you to the value of 115% of any payments made to Adventure Canada for the cancelled Cruise and unused Charter Flight without any further obligation or liability on the part of Adventure Canada including, but not limited to, liability or compensation for other costs incurred by you, including any travel arrangements or other third party costs, whether arranged through Adventure Canada or otherwise. No Future Travel Credit will be issued for any pre- or post- or mid-cruise enhancements or for any hotel bookings or other travel expenses. Cancellation for Other Reasons - Adventure Canada reserves the right to cancel or change any Cruise or Charter Flight prior to departure, for any reason. Subject to the remainder of the Terms and Conditions for Cancellation by Adventure Canada, if a Cruise or Charter Flight is cancelled, Adventure Canada will, subject to availability, offer you an alternate cruise on which to re-book. If there is no suitable alternative or you are not able to participate in the alternative cruise, Adventure Canada will issue a Future Travel Credit to you in the amount of any payments made to Adventure Canada for the cancelled Cruise and Charter Flight without any further obligation or liability on the part of Adventure Canada including, but not limited to, liability or compensation for other costs incurred by you, including any travel arrangements or other third party costs, whether arranged through Adventure Canada or otherwise. NON-REFUNDABLE THIRD PARTY COSTS: Please note that in the event of any cancellation of the Cruise or Charter Flight by Adventure Canada for any reason, Adventure Canada will not be responsible for any third party costs paid by you, including the cost of any additional travel arrangements made through third party suppliers whether purchased directly through Adventure Canada or otherwise, or any additional food, lodging, transportation costs, or change fees resulting from the cancellation. This includes pre-and-post hotel and enhancements booked through Adventure Canada. For these and other reasons mentioned within these Terms and Conditions, you are strongly advised to obtain comprehensive cancellation insurance at the time of registration, and to ensure that all travel arrangements you make are fully flexible and/or refundable. CANCELLATION OF ENHANCEMENTS DUE TO A FORCE MAJEURE EVENT: Enhancements may also be cancelled by the Enhancement Provider due to a Force Majeure Event without any liability on the part of the Benefiting Parties or any of them to refund any part of the fare or liability for any other costs or expenses. 6) CHANGES, INTERRUPTIONS, DELAYS, BAGGAGE & SECURITY. CARRIER CHANGES: Specific Vessels and/or other transportation booked through Adventure Canada including charter aircraft are not guaranteed. From time to time, the intended Vessel or other mode of transport may be unavailable, for reasons that are not in Adventure Canada’s control. Reasonable efforts will be made by Adventure Canada to provide an equivalent Vessel or other mode of transport when this occurs. ITINERARY CHANGES AND DELAYS: Events beyond Adventure Canada’s control, including but not limited to weather, ice, government regulations, and community requests may necessitate changes to the planned itineraries and/or the cancellation of certain shore excursions and Enhancements. Published itineraries are examples only and Adventure Canada reserves the right to change or modify the itinerary and landing sites at any time prior or during a Cruise. Any identified change known at the time of departure will be communicated at the passenger orientation at the time of departure. In the event of itinerary changes or delays, whether before or after embarkation, you will be responsible for all associated costs and expenses, including, without limitation, any additional food, lodging, transportation costs, or change fees resulting from any change or delay. In no event will you be entitled to any refund or other compensation for itinerary changes or delays. DELAYS OR INTERRUPTIONS TO THE CRUISE DUE TO A FORCE MAJEURE EVENT: If the Cruise is interrupted, the itinerary changed, or if the Vessel is unduly delayed or prevented from proceeding in the ordinary course by any Force Majeure Event as defined above, Adventure Canada and/or the Vessel owner shall have the right, in their sole discretion, to terminate the Cruise and to land you and your baggage at any port or place at which the Vessel may call. If that occurs, the Cruise shall be considered to have been fully performed as if the Cruise were completed and the Benefiting Parties’ responsibility shall cease without any liability on the part of the Benefiting Parties or any of them to refund any part of the fare or liability for any other costs or expenses. DELAYS OR INTERRUPTIONS TO ENHANCEMENTS DUE TO A FORCE MAJEURE EVENT: Enhancements may also be delayed or interrupted without notice as a result of a Force Majeure Event, without any liability on the part of the Benefiting Parties or any of them to refund any part of the fare or liability for any other costs or expenses. DELAY BY PASSENGER: Passengers arriving for the commencement of the Cruise are responsible for boarding the Vessel, or Charter Flight on time for departure. Should you not arrive on board the Vessel at any scheduled time of departure, Adventure Canada shall have the right, but shall not be obliged, to continue with the Cruise on its planned itinerary, at its sole discretion. Passengers going ashore are responsible for re-boarding the Vessel prior to departure from port. If you have made independent travel arrangements you accept responsibility for joining the Vessel in good time, regardless of any change to the Departure Date or time, or to the itinerary. Adventure Canada will not refund monies paid to it, or to any third party acting on its or your behalf, or make compensation or other payments where, for whatever reason, you fail to join or rejoin the Vessel. BAGGAGE: Baggage is solely your risk and expense, and may be subject to sanitation measures. Baggage is limited to a maximum weight of 20 kilograms for all Cruises involving a Charter Flight. Excess baggage is not permitted on Charter Flights. Any excess baggage charges for commercial flights are your responsibility. Your baggage is restricted to suitcases and hand luggage of a size and type that can comfortably and safely be stored in your cabin. The maximum weight limit may be subject to change. SECURITY: You agree that the Benefiting Parties shall be entitled to inspect your person or luggage for security purposes, and you hereby acknowledge that this may involve a physical search of your person and/or your property. 7) LIMITATION OF LIABILITY, YOUR RESPONSIBILITIES, RELEASE AND ASSUMPTION OF RISK , WAIVER OF CLAIMS, AND MAXIMUM COMPENSATION. LIMITATION OF LIABILITY: On all Cruises and Enhancements, the Benefiting Parties shall be entitled to any and all liability limitations, immunities and rights applicable to them under the “Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea” of 1974, as amended by the “Protocol to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea” of 1990 (“Athens Convention”).You further agree that none of the Benefiting Parties shall have any liability or responsibility whatsoever for damages to or loss of property, loss of services, or injury or wrongful death or any other loss, expense, damage, delay or inconvenience which may be sustained or which may be incurred by you, whether caused or contributed to by the Benefiting Parties or any of them, or: any negligent acts or omissions by them, their ownership, maintenance, use, operation or control of any manner of Vessel or other conveyance used in carrying out the Cruise or Enhancement; transportation by third party providers (including but not limited to bus and air transportation and Charter Flights, whether arranged by Adventure Canada or otherwise); your lack of proper travel documentation (such as visas, passports, etc.);
any act, omission or event occurring during the time that you are not aboard Benefiting Parties’ conveyances; defects or failures of any aircraft, Vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers; any acts which are beyond their control, including a Force Majeure Event as defined above, or for any other reason beyond the control of the Benefiting Parties. RESPONSIBILITY/PARTICIPATION:
You hereby certify that you do not have a mental, physical, medical or other condition or disability that would create a hazard for you, other passengers, crew, employees, or representatives of any of the Benefiting Parties that you have not disclosed to Adventure Canada. You agree to honestly complete the personal information and health history request from Adventure Canada via its website or by requesting paper copies, prior to departure. Adventure Canada reserves the right to request further information from your physician or other treatment provider at your expense, to which you hereby provide your consent. Due to regional and international obligations, the Benefiting Parties may be required to request additional information or medical documentation from you, perform daily health checks on you, keep a personal medical log, and distribute your personal data to a variety of third parties, to which you hereby consent. You understand and agree that you will not be permitted to board the Vessel at the commencement of the Cruise if you feel ill or exhibit any symptoms of communicable diseases, including symptoms of COVID-19, which include, but are not limited to, fever, cough, sore throat and shortness of breath. In addition, you may be screened for possible exposure to COVID-19 prior to boarding and may be refused entry in the sole discretion of Adventure Canada. Adventure Canada has the right in its sole discretion to remove you from the Cruise or any part of it if you fail to adhere to health and safety standards/protocols in place to prevent the spread of disease or for any other safety reason. Refunds will not be available if this occurs. Your inability to take part in the Cruise due to possible symptoms of or exposure to illness or disease will be your sole responsibility. Refunds will not be available. You must arrange your own insurance to cover this eventuality. EXPRESS ASSUMPTION OF RISK AND RELEASE: You acknowledge that there are risks, dangers, and hazards associated with the Cruise, and that the risks may be the result of the negligence of the Benefiting Parties or any of them, or the conduct of other passengers. You acknowledge that the risks, dangers, and hazards may also arise from foreseeable and unforeseeable causes, including weather, other acts of nature and diseases or pandemics such as COVID-19. You understand that COVID-19 and other communicable diseases are a significant health risk and carry a high risk of transmission through physical or shared contact. You acknowledge that the aforementioned risks, dangers and hazards may arise in connection with the Cruise, any Enhancements, or any recreational activities which may take place during the Cruise. In consideration of the benefits to be derived from the Cruise, you voluntarily accept all risk of personal injury or death and property damage or other loss arising from your participation. You also hereby agree that you and your dependents, heirs, executors, administrators, legal personal representatives, successors and assigns, release and hold harmless the Benefiting Parties from any and all claims, including claims of negligence, illness, personal injury, death or property damage or loss, however caused, arising from or related to the Cruise. WAIVER OF CLAIMS: Unless otherwise provided for in these Terms and Conditions, you hereby waive any claim you may have against the Benefiting Parties for any damage, loss or injury, no matter how it is caused. You specifically agree to waive any claims or actions that you may have presently or in the future for the negligent acts or conduct of the Benefiting Parties or any of them. Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek indirect, special, consequential, punitive or exemplary damages against the Benefiting Parties or any of them. MAXIMUM COMPENSATION: Compensation for personal injury is limited by these Terms and Conditions and in accordance with the provisions of any applicable International Conventions. Notwithstanding the foregoing, should for any reason the Benefiting Parties or any of them, be found liable for any matter, their maximum liability, for any reason whatsoever, howsoever caused, will be limited to the amount paid by you to Adventure Canada for the Cruise. 8) LAW & JURISDICTION, CLASS ACTION WAIVER, REPRESENTATIONS, AND INDEPENDENT LEGAL ADVICE. EXCLUSIVE GOVERNING LAW AND JURISDICTION: These Terms and Conditions and any actions and proceedings related to them in any way shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of laws principles. Any action or legal proceeding based on any right arising out of these terms and conditions shall be commenced in the courts of the City of Toronto, in the Province of Ontario, and you hereby consent to the exclusive jurisdiction of those courts. You also waive any objection to venue or jurisdiction you may have, notwithstanding any delays in the Ontario court system caused by the COVID-19 pandemic or for any other reason. CLASS ACTION WAIVER: You hereby waive any and all rights to participate in a class action lawsuit against any of the Benefiting Parties in relation to the Cruise or any Enhancements. REPRESENTATIONS: You affirm that you have not received or relied on any oral or written representation of any of the Benefiting Parties other than what is set forth in these Terms and Conditions as a basis for agreeing to them. INDEPENDENT LEGAL ADVICE: You acknowledge that you have had the opportunity to seek independent legal advice prior to agreeing to these Terms and Conditions. By executing this Agreement, you confirm that you have received any legal advice you have deemed necessary before doing so.