Terms and Conditions

LAND TOURS

FOLLOWING CONTAINS IMPORTANT TERMS AND CONDITIONS THAT APPLY TO ADVENTURE CANADA SPECIALITY LAND TOURS. PLEASE READ THEM CAREFULLY.

THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CONSTITUTE A BINDING LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN 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 “TOUR”) AND ASSOCIATED PRE-, MID- AND POST-TOUR 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. 

TO REGISTER FOR AN ADVENTURE CANADA CRUISE, EACH TRAVELLER MUST FULLY COMPLETE THE REGISTRATION AGREEMENT, AND ACKNOWLEDGE AND AGREE TO EACH SECTION AS INDICATED.


1) PARTIES

Adventure Canada offers a series of specialty tours (“Tour” or “Tours”). These Tours may be provided by independent operators (“Independent Operator(s)”). In addition to its own offerings, at times Adventure Canada may only be a reseller of products provided by Independent Operators.

Independent Operators may include operators of group or charter flights to a destination or as part of the experience itself, and providers of pre-, mid- and post-tours and itineraries (“Enhancements”) as part of the Tour. Adventure Canada, Independent Operators, and their owners, officers, directors, employees, agents, suppliers, crew, pilots, sub-contractors, affiliates, successors and assigns shall be referred to as the “Benefiting Party” or “Benefiting Parties”.

Certain Independent Operators 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 supersede the Other Terms and Conditions, except for any of the Other Terms and Conditions solely dealing with the relationship between you and the Independent Operator.

Adventure Canada also arranges charter flights (“Charter Flights”) and offers seats on those flights for sale to its customers.

For some Tours, Adventure Canada is only a referrer and is not the agent of the Independent Operator providing the tour. Adventure Canada does not warrant the suitability or quality of tours provided by Independent Operators. The responsibility for determining suitability of the experience is yours. If you have questions or require more details, you should refer to the Independent Operator.

2) PRICES, PAYMENT TERMS, AND TRAVEL INSURANCE

  1. Tour Prices
    Adventure Canada reserves the right to amend all or part of any Tour price for any reason including, without limitation: increased fuel costs, airfares, airport levies, hotels fees, 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.

  2. Tour Payments
    Currency, Pricing and payment due dates are outlined on the Itinerary and Pricing page for the Tour on the Adventure Canada website and/or on your booking quote from your travel advisor. 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 by the balance due date or the Departure Date or deny participation due to any unpaid balances, without a refund to you.

  3. Travel Insurance, Evacuation and Repatriation
    Due to the nature of the Tours, 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 Tours. You must carry a minimum required amount per person of emergency medical and evacuation coverage, as described on the Itinerary and Pricing page for the Tour on the Adventure Canada website and/or on your booking quote from your travel advisor. 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 Tour.

    The Benefiting Parties will not be held responsible for missed connections, incorrect check-in times, improper documentation and/or lost, stolen or damaged luggage. Travellers should purchase a trip insurance package at time of booking to maximize individual insurance benefits. Evidence of insurance policy documentation will be required no later than at time of full payment.

    You also agree that in case of a medical problem arising during the Tour, the evacuation by use of aircraft or other means, shall be at the Benefiting Parties’ sole discretion, and you will be responsible for payment of any associated costs. You must arrange for your own insurance to cover this eventuality.

  4. Pre & Post Hotels
    Hotels offered through Adventure Canada are a third-party service and require full payment at the time of booking. If cancelled before your final payment date, a $50 CAD per hotel room will be non-refundable. At the time of final payment, the hotels will be non-refundable. Adventure Canada Future Travel Credits as described below do not apply to and will not be issued for hotel bookings.

  5. Pre & Post Enhancements
    Pre- and post-Tour enhancements offered through Adventure Canada may be a third-party service and require a non-refundable deposit of $500 CAD per traveller at time of booking. The balance of the Tour will be due as per the payment due date on your invoice. After your Final Payment Date, the pre- and post-Tour enhancements will be 100% non-refundable. Adventure Canada Future Travel Credits as described below do not apply to and will not be issued for pre- and post-Tour enhancements. Pre- and post-Tour Enhancements may also be delayed or interrupted without notice as a result of a Force Majeure Event as defined below, 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. Mid-Tour Enhancements
    Mid-Tour enhancements offered through Adventure Canada, may be a third-party service and require full payment at the time of booking. If cancelled before your Final Payment Date, $100 CAD per person, per enhancement are non-refundable. Adventure Canada Future Travel Credits as described below do not apply to and will not be issued for mid-Tour enhancements. Mid-Tour Enhancements may also be delayed or interrupted without notice as a result of a Force Majeure Event as defined below, 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.

3) TRAVEL ADVISORS, AGE LIMITATIONS, AND ACCOMMODATION

  1. Travel Advisors
    If you use a travel advisor in connection with the Tour, 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 tour by your travel advisor shall be deemed receipt by you as of the date of receipt by the travel advisor. You acknowledge that the Benefiting Parties are not responsible for the financial condition or integrity of any travel advisor.

  2. Age Limitations
    Adventure Canada offers family friendly Tours. Select Tours may have age restrictions due to the nature of the Tour, as described on the Itinerary and Pricing page for the Tour on the Adventure Canada website and/or on your booking quote from your travel advisor.

  3. Special Accommodations
    Adventure Canada is committed to extending a high level of customer service to all traveller, 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.

    Tours can take place far away from hospitals and other institutional medical care and are therefore intended for persons in good health. Travellers who need assistance, special facilities or need to bring medical equipment must disclose this in advance of booking.

    Any of the Benefiting Parties may refuse or revoke participation to anyone who, in the Benefiting Party’s sole judgement, is unfit to participate in the Tour or who endangers their safety or the safety of others, including by failing to follow 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 Tour facilities and in the event of an emergency.

4) TRAVEL DOCUMENTATION, USE OF PERSONAL INFORMATION AND LIKENESS, AND DRONES

  1. Documentation
    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.

  2. Use of Data
    By completing this booking, you consent to Adventure Canada and/or Independent Operators sharing your personal information with third parties (e.g. airlines, government agencies, service providers), as applicable, wherever necessary to deliver the services purchased. Adventure Canada and/or Independent Operators may also send you emails associated with the purchase (e.g. tour preparation, itinerary change). You also consent that your email address will be subscribed to receive promotional emails from Adventure Canada, from which you may unsubscribe at any time. Please review Adventure Canada’s Privacy Policy at www.adventurecanada.com/privacy-policy.

    Adventure Canada collects personal information from our travellers via a secure online account. Online accounts are established by booking reservation. Travellers on a given reservation travelling as a part of a family or group will have access to each others’ personal information, including health information. Travellers must advise Adventure Canada at the time of booking if they do not consent to their personal information being accessible to other travellers on the same booking reservation.

  3. Use of Likeness
    You grant the Benefiting Parties permission to capture and use your likeness (voice and image in photographs, video and audio recordings) during the Tour 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 the Benefiting Parties 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 the Benefiting Parties (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 in this circumstance, Images you submit become the property of the Benefiting Parties and will not be returned. You irrevocably authorize the Benefiting Parties 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.

  4. Special Equipment
    Adventure Canada does not permit travellers use of drones, including underwater drones or other unmanned vehicles. No exceptions will be made.

5) CANCELLATION AND REFUNDS

  1. Cancellations by the Traveller
    All cancellations must be made in writing to Adventure Canada. Cancellation and Refund Policies for the Tour are provided on the Itinerary and Pricing page for the Tour on the Adventure Canada website and/or on your booking quote from your travel advisor. Refunds will only be processed in the manner in which the original payment was made. In addition to the any cancellation penalty provided in the Cancellation and Refund Policies for the Tour, 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 Tour for any reason whatsoever.


  2. Future Travel Credits
    Adventure Canada is a reseller for a select group of tour operators. As a result, and notwithstanding any statement otherwise within this Agreement, some tours are exempt and do not qualify for Adventure Canada’s Transfer and Future Travel Credit Policy. Specific details about if your tour qualifies for a Future Travel Credit can be found on the Itinerary and Pricing page for the Tour on the Adventure Canada website and/or on your booking quote from your travel advisor.

    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 Tours 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 Tour Enhancements, mid-Tour Enhancements and certain other third party services at Adventure Canada’s sole discretion


  3. Cancellation by Adventure Canada
    Adventure Canada or an Independent Operator may cancel the Tour due to insufficient numbers of travellers or for any other reason in their sole discretion. In the event of a cancellation by Adventure Canada, refunds will be issued [in the form of a Future Travel Credit if the Tour qualifies].

    Adventure Canada will not be held responsible for, and no refunds will be given for, delays or cancellation of all or part of a Tour due to causes or circumstances beyond Adventure Canada’s or the Independent Operator’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 any vessel; seizure of a 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 Independent Operator’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 Independent Operator to fulfill their obligations under this Agreement.

  4. Cancellation Due to Force Majeure
    The Benefiting Parties shall have no liability to you in the event of a Force Majeure Event, except that, if there is a Force Majeure Event that results in the cancellation of your booking prior to its commencement, the Benefiting Parties will either work with you to reschedule, or will issue you a Future Travel Credit, at the option of the Benefiting Parties.  Other than as expressly set out in this paragraph, the Benefiting Parties will have no liability to you if there is a Force Majeure Event.  For greater certainty, under no circumstances will the Benefiting Parties be responsible for additional expenses or arrangements incurred by you as a result of a Force Majeure Event, including accommodation, transportation, travel visas and/or vaccinations.

  5. Cancellation by Adventure Canada Due to COVID-19
    Notwithstanding the above, if Adventure Canada cancels any Tour 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 if your Tour qualifies, reflecting any payments made to Adventure Canada for the cancelled Tour 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-tour enhancements or for any hotel bookings, or non-qualifying Tour, or other travel expenses.

  6. Cancellation for Other Reasons
    Adventure Canada reserves the right to cancel or change any Tour 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 Tour or Charter Flight is cancelled, Adventure Canada will, subject to availability, offer you an alternate Tour on which to re-book. If there is no suitable alternative or you are not able to participate in the alternative Tour, Adventure Canada will issue a Future Travel Credit to you if your Tour qualifies, in the amount of any payments made to Adventure Canada for the cancelled Tour 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.

  7. Non-Refundable Third Party Costs
    Please note that in the event of any cancellation of the Tour 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.

  8. Cancellation of Enhancements Due to a Force Majeure Event
    Enhancements may also be cancelled by the 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

  1. Carrier Changes
    Specific Tour and/or other transportation booked through Adventure Canada including charter aircraft are not guaranteed. From time to time, the intended transportation may be unavailable, for reasons that are not in Adventure Canada’s or the Independent Operator’s control. Reasonable efforts will be made by Adventure Canada to provide equivalent transportation when this occurs.

  2. Itinerary
    Itineraries are intended as examples only; all prices, inclusions and dates may change due to circumstances beyond our control including but not limited to weather, wildlife habits, contract service providers, and/or logistical decisions of the tour leader and/ or operations manager. Participants must be prepared to be flexible as schedules may vary depending on conditions. Weather and wildlife are unpredictable; sightings are not guaranteed. In the event of itinerary changes or delays, whether before or after your Tour commences, 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.

  3. Delays or Interruptions to the Tour Due to a Force Majeure Event
    If the Tour is interrupted, the itinerary changed, or if the transportation is unduly delayed or prevented from proceeding in the ordinary course by any Force Majeure Event as defined above, the Benefiting Parties shall have the right, in their sole discretion, to terminate the Tour. If that occurs, the Tour shall be considered to have been fully performed as if the Tour 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

  4. 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.

  5. Delay by Traveller
    Travellers arriving for the commencement of the Tour are responsible for their timely arrival, regardless of any change to the Departure Date or time, or to the itinerary. Should you not arrive at the scheduled time of departure, the Benefiting Parties shall have the right, but shall not be obliged, to continue with the Tour on its planned itinerary, at their sole discretion. If you have made independent travel arrangements you accept responsibility for joining the Tour 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 Tour.

  6. Baggage
    Baggage is solely your risk and expense and may be subject to sanitation measures. Baggage volume and weight may be limited. Any excess baggage charges for commercial flights are your responsibility. The maximum weight limit may be subject to change.

  7. 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

  1. Limitation of Liability
    You 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:

    1. any negligent acts or omissions by them,
    2. their ownership, maintenance, use, operation or control of any manner of Vessel or other conveyance used in carrying out the Cruise or Enhancement;
    3. transportation by third party providers (including but not limited to bus and air transportation and Charter Flights, whether arranged by Adventure Canada or otherwise);
    4. defects or failures of any aircraft, Vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers;
    5. defects or failures of any aircraft, Vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers;
    6. 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.

  2. 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 travellers, 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 may 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/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.

  3. Express Assumption of Risk and Release
    You acknowledge that there are risks, dangers, and hazards associated with the Tour, including environmental hazards, 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. Some Tours involve high-risk activities, including but not limited to travelling in moving and white water, or near waterfalls or volcanoes. 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, 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.

  4. 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.

  5. 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 Tour.

8) LAW & JURISDICTION, CLASS ACTION WAIVER, REPRESENTATIONS, AND INDEPENDENT LEGAL ADVICE

  1. 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.

  2. 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.

  3. 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.

  4. 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.