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”) AND ASSOCIATED PRE-, MID- AND POST-CRUISE ENHANCEMENTS.
IF YOU HAVE ANY QUESTIONS OR CONCERNS, OR IF YOU REQUIRE ANY CLARIFICATION, YOU MUST RAISE THEM WITH YOUR TRAVEL ADVISOR BEFORE PURCHASE.
BY PURCHASING THIS TICKET AND AGREEING TO THESE TERMS AND CONDITIONS, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU WILL ALSO AGREE TO ASSUME LIABILITY FOR INJURY, PROPERTY DAMAGE, ILLNESS AND DISEASE (INCLUDING COVID-19). PAY SPECIFIC ATTENTION TO SECTIONS 5, 6 AND 7, WHICH CONTAIN IMPORTANT LIMITATIONS ON YOUR CANCELLATION RIGHTS AND YOUR RIGHTS TO ASSERT CLAIMS AGAINST ADVENTURE CANADA AND OTHERS.
1) PARTIES TO THIS AGREEMENT
- Adventure 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.
(collectively, the “Enhancement Providers”).
- Adventure Canada also arranges charter flights (“Charter Flights”) and offers seats on those flights for sale to its customers.
- By accepting these Terms and Conditions, you agree that these Terms and Conditions constitute the contract and the ticket for the Cruise.
- This Agreement is between you and any or all of the following:
- Adventure Canada;
- The Vessel, or any substituted ship;
- The Vessel’s Owners;
- All Enhancement Providers;
- Operators of Charter Flights;
- Vessel managers, charterers, designers, installers, suppliers and manufacturers of the Vessel or any component parts;
- Owners, officers, directors, employees, agents, crew, pilots, sub-contractors, affiliates, successors and assigns of the entities identified in subsections (i), (ii), (iii), (iv), (v) and (vi) of this section;
- Agents, independent contractors, concessionaires and suppliers of Adventure Canada;
- Owners and operators of all shoreside properties at which the Vessel may call;
- Owners, operators, managers, charterers and/or any launches, craft, Zodiacs or facilities of any kind belonging to or provided by any of the entities identified in this section.
(The parties listed above (i. through x.) shall collectively be referred to as the “Benefiting Party” or “Benefiting Parties”).
- Certain Benefiting Parties may request that you complete a separate agreement with terms and conditions for them (“Other Terms and Conditions”). If so, the Other Terms and Conditions will supplement these Terms and Conditions. If there is a conflict, these Terms and Conditions will apply over the Other Terms and Conditions, except for any terms and conditions solely dealing with the relationship between the passenger and the Benefiting Party.
2) CRUISE PRICES, PAYMENT TERMS, AND TRAVEL INSURANCE
- Cruise Prices
Adventure Canada reserves the right to amend all or part of any Cruise price for any reason including, without limitation: increased fuel costs, airfares, airport levies, COVID-19 related expenses or increases in ground operator service fees. As regulated by the Travel Council of Ontario (TICO), if the price increase is more than 7% (except increases resulting from an increase in retail sales tax or HST) you have the right to cancel the contract and obtain a full refund.
International Cruise fares are priced in US dollars and are per person, per Cruise. A $2,000 USD deposit per person, per cruise is required to register.
Your final balance for the Cruise is due 120 days prior to the scheduled departure date (“Departure Date”). All late payments are subject to a penalty of 1.5% interest per month, or 18% per annum. Adventure Canada reserves the right to cancel your booking if it is not paid within 120 days of the Departure Date or deny boarding due to any unpaid balances, without a refund to you.
NOTE: If you purchase a pre-Cruise Enhancement or an additional Adventure Canada cruise departing prior to the Cruise purchased by you, your Departure Date will be modified within the registration system to be to the departure date of the Enhancement or the additional cruise. Please pay close attention to your Departure Date and the payment rules above to avoid cancellation by Adventure Canada and to assist you in understanding the refund rules in this Agreement.
- Pre & Post Hotels
Hotels offered through Adventure Canada are a third-party service and require full payment at the time of booking. If cancelled more than 120 days before your Departure Date, $50 USD per hotel room will be non-refundable. Within 120 days of your Departure Date, the hotels will be non-refundable. Future Travel Credits do not apply to and will not be issued for hotel bookings.
- Pre & Post Enhancements
Pre- and post-Cruise enhancements offered through Adventure Canada are a third-party service and require a non-refundable deposit of $500 USD per passenger at time of booking. The balance of the tour will be due as per the payment due date on your invoice. Within 120 days of your Departure Date, the pre- and post-Cruise enhancements will be 100% non-refundable. Future Travel Credits do not apply to and will not be issued for pre- and post-Cruise enhancements.
- Mid-Cruise Enhancements
Mid-Cruise enhancements offered through Adventure Canada, may be a third-party service, and require full payment at the time of booking. If cancelled more than 120 days before your Departure Date, $100 USD per person, per enhancement are non-refundable. If a written notice of cancellation is received by Adventure Canada between 91 and 120 days prior to your Departure Date, you will receive a refund of 35% of the total fee for the enhancement. Please note that if cancellation is done 90 or fewer days prior to your Departure Date, you will forfeit the entire fee for the enhancement. Future Travel Credits do not apply to and will not be issued for bookings on mid-Cruise enhancements.
Pre- Post- & Mid Cruise 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.
- Travel Insurance, Evacuation and Repatriation
Due to the nature of the Cruise in which you will be participating, we strongly recommend comprehensive insurance coverage including medical, emergency evacuation, trip cancellation and interruption, accident and baggage insurance. We recommend that you obtain insurance at the time of booking.
A minimum of Emergency Medical and Evacuation Insurance is mandatory for participation in all Adventure Canada Cruises. You must carry a minimum of $500,000 USD per person emergency medical and evacuation coverage. This may not cover the full cost of a medical emergency. All medical and evacuation expenses are your sole responsibility. Any losses you sustain as a result of not having sufficient or proper insurance coverage are your responsibility. Evidence of policy documentation will be required prior to the Cruise.
You also agree that in case of a medical problem arising during the Cruise, either on board or on shore, the evacuation by use of aircraft or other means, shall be at Adventure Canada’s sole discretion, and you will be responsible for payment of any associated costs. You must arrange for your own insurance to cover this eventuality.
3) TRAVEL ADVISORS, AGE LIMITATIONS, AND ACCOMMODATION
- Travel Advisors
If you use a travel advisor in connection with the Cruise, the travel advisor is your agent, and acts on your behalf. The Benefiting Parties shall not be liable for any representation made by your travel advisor. All documentation and communication will be directed to your travel advisor. You understand and agree that receipt of these Terms and Conditions or any other information or notices with respect to the Cruise by your travel advisor shall be deemed receipt by you as of the date of receipt by the advisor. You acknowledge that the Benefiting Parties are not responsible for the financial condition or integrity of any travel advisor.
- Age Limitations
Adventure Canada offers family friendly Cruises. There is no minimum or maximum age restriction. Passengers under the age of 18 must have Adventure Canada’s “Agreement for Accompanying a Minor Guest” completed at the time of booking if travelling without their legal guardian. Passengers 16 and under must be accompanied by and share a cabin with a travel companion over the age of 18. No babysitting or childcare services are provided.
- Special Accommodations
Adventure Canada is committed to extending a high level of customer service to all travellers, including persons with disabilities. We are committed to meeting the needs of persons with disabilities in a timely manner, and will do so by preventing and removing barriers to accessibility wherever possible.
Certain mandated safety requirements in the construction and operation of the Vessel inherently restrict maneuverability in many areas. Zodiac cruises and transfer times can be lengthy. For your safety and the safety of others, you must be able to climb stairs between decks on the Vessel and be able to climb the external gangway stairs to transfer between the Vessel and the Zodiacs. Cruises may involve extensive walking in variable weather conditions over sometimes sandy or uneven terrain.
Adventure Canada Cruises take place far away from hospitals and other institutional medical care and are therefore intended for persons in good health. Passengers who need assistance, special facilities or need to bring medical equipment must disclose this in advance of booking.
Adventure Canada reserves the right to refuse or revoke passage to anyone who, in its sole judgment, is unfit to participate in the Cruise or who endangers their safety or the safety of others, including by failing to follow Adventure Canada health and safety protocols.
In certain circumstances, you may be required to sign an agreement releasing Adventure Canada from all responsibility relative to the use of shipboard facilities and in the event of an emergency.
4) TRAVEL DOCUMENTATION, USE OF PERSONAL INFORMATION AND LIKENESS, AND DRONES
Specific passport, visa, vaccination, health requirements and other immigration requirements are your responsibility. The Benefiting Parties do not accept responsibility if you cannot travel because you have not complied with the latest requirements.
- Use of Data
Adventure Canada collects personal information from our passengers via a secure online account. Online accounts are established by booking reservation. Passengers on a given reservation travelling as a part of a family or group will have access to each others' personal information, including health information. Passengers must advise Adventure Canada at the time of booking if they do not consent to their personal information being accessible to other passengers on the same booking reservation.
- Use of Likeness
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 Booking 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 Booking Date. Future Travel Credits are not redeemable for cash. If not redeemed within thirty months of the original Booking 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.
If a written notice of cancellation is received by Adventure Canada between 91 and 120 days prior to the Departure Date, the cancellation penalty is 65% of your total cruise cost. A refund of 35% of the amount paid for the Cruise and Charter flight will be issued provided the passenger is up to date on all payments. 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.
In addition to the refund rules set out in these Terms and Conditions, refunds made by credit card will be subject to an additional 3% 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.
Future Travel Credits do not apply to and will not be issued for any cancellation reason by the passenger.
- 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
Refund: Balance paid less penalty
Cancellation from 91 to 120 days before Departure Date
Penalty: 65% of total cruise and charter flight costs
Refund: 35% of total cruise and charter flight costs
Cancellation 90 days or less before Departure Date
- 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
- 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
- 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 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.
- Cancellation Due to Force Majeure
- 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 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.
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.
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 without adequate proof of vaccination for COVID-19, 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, as determined by Adventure Canada in its sole discretion. 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.
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.