22. Limitation of Liability, Your Responsibilities, Release and Assumption of Risk, Waiver of Claims, and Maximum Compensation
Responsibility and 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 travellers, crew, employees, or representatives of any of the Benefiting Parties that you have not disclosed to ROMTravel and Adventure Canada. You agree to honestly complete the personal information and health history request from ROMTravel and 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 participate in the tour if at the commencement of the tour 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 joining and may be refused participation in the sole discretion of the Benefiting Parties. The Benefiting Parties have the right in their sole discretion to remove you from the tour or any part of it if you fail to adhere to health and safety standards and 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 tour 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 tour, and that the risks may be the result of the negligence of the Benefiting Parties or any of them, or the conduct of other travellers. 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 tour, any enhancements, optional add ons, or any recreational activities which may take place during the tour.
In consideration of the benefits to be derived from the tour, 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 tour.
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.
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 tour.
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 tour or any enhancements and optional add ons.
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.