Terms and Conditons of Booking
Please read the following notice as it is your contract with Elk Bay Adventures and clearly lays out what you have agreed with us.
PLEASE READ CAREFULLY:
Elk Bay Adventures (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to trip arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “trip”, “tour”, “booking”, “contract” or “arrangements” mean such trip arrangements unless otherwise stated. Please note, the information appearing in the section headed “Frequently Asked Questions” on our website or in these or any comparable sections and any other relevant information on our website also form part of your contract with the Company. References in these conditions to such sections include the comparable sections or information on our website.
1. YOUR TRIP CONTRACT
The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a trip operated by the
Company including any person who is added or substituted after booking. We both agree that Canadian law in the province of British Columbia (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of British Columbia only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2. TO SECURE YOUR BOOKING
To secure a booking the Company or their agent requires the minimum deposit of 10% of the total trip price per person (or full payment if booking within 60 days of travel). A higher deposit will be payable if any supplier(s) requires additional payment at the time of booking / prior to balance due date. On occasions, full payment for a service such as additional accommodation or travel may be required at the time of booking. The applicable deposit will be confirmed at the time of booking. See also “How to Book” section. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following four conditions:
a) they have read and accepted our booking conditions and general information pages (including the sections headed “Frequently Asked Questions” and “How to Book”), contained on our website.
b) they appreciate and accept the risks involved in adventure travel.
c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the trip – if any person suffers from any medical condition or disability which will or may affect their trip arrangements, please contact us before making your booking as referred to in clause 10 below so that we can advise.
d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice to the client who makes the booking or their authorised travel agent. It is at this point that a contract between the Company and the client comes into existence. For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease trip prices. The Company or their agents reserve the right to decline any booking at their discretion. If you book via our website, we will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/ or mail if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by mail. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
3. PAYMENT FOR YOUR TRIP
The balance of all monies due, including any surcharges, must be paid to the Company or their agent not later than 60 days before departure. For certain trips, full payment must be received at an earlier stage before the start of your trip. You will be advised at the time of booking when this is the case. In the case of non-payment of the balance by the due date, the Company reserves the right to treat the booking as cancelled by the client and cancellation charges will apply. Monies paid to an agent acting on behalf of the Company for trips operated by the Company are held for the client until the client receives written confirmation of the acceptance of a booking. Thereafter, these and any other monies are held by the agent on behalf of the Company.
4. IF YOU CHANGE YOUR BOOKING
a) A confirmed booking can be changed or transferred free of charge to a different departure date or trip, up to 60 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges below. Changes are subject to availability and are limited to one transfer during the lifetime of your booking. It may not be possible to rebook back onto the original departure once you have either transferred or cancelled your booking. You can request a credit voucher for the amount paid in respect of any cancelled booking, less any non-refundable charges incurred by us or imposed by our suppliers. This must be redeemed within 12 months of issue against a new booking. No further credit vouchers can be requested against the new booking. The voucher cannot be exchanged for cash. No cash refund will be provided if the cost of the new booking is less than the value of the credit voucher.
b) If you are unable to travel, in circumstances which we consider reasonable, the booking or your place on the booking may be transferred to another suitable person (introduced by you) up to 60 days prior to departure. Any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be paid.
Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written notification is received by the Company or their agent as a percentage of the total trip price, including surcharges, as shown below, or the non-refundable deposit, whichever is greater. The cancellation charges shown below are those which apply to most trips. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your trip.
a) 60 and more days before trip start date – retention of deposit
b) 59-42 days before trip start date - 30%
c) 41-28 days before trip start date – 60%
d) 27-14 days before trip start date – 90%
e) Less than 14 days before trip start date – 100%
Amendment charges and insurance premiums are not refundable if you cancel your booking. We strongly recommend that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. In the event of the cancellation of a booking where you are liable to pay us cancellation charges in excess of the amount already paid to us at the time of cancellation, you cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining members of your party. Please also see clause 4b.
6. IF YOU HAVE A COMPLAINT
Should the client have a complaint about any of their trip arrangements, the client must tell both the relevant supplier and the Company’s representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved during their trip they should notify the Company in writing within 28 days of the end of the trip.
7. PASSPORTS, VISAS AND VACCINATIONS
Clients are responsible for arranging and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and trip. Information about these matters or related items (climate, clothing, baggage, personal gear etc.) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
8. TRAVEL AND CANCELLATION INSURANCE
Clients are responsible for effecting sufficient personal travel insurance. Travel insurance is mandatory for all clients while on a trip organised by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Protection for at least CAD$100,000 emergency medical evacuation plus CAD$100,000 medical expenses is mandatory. Clients are wholly responsible for arranging their own insurance and ensuring that they are in possession of private Travel Insurance with protection for the full duration of the trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate benefits. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities included in their trip. Whether clients choose to obtain Travel Insurance through the Company, the Company’s agent or through their own independent arrangements, the clients must satisfy themselves that any such insurance is what they require and clients should arrange supplementary insurance if need be.
9. IMPORTANT: LIABILITY INSURANCE
Limited insurance is held by the operator. The client acknowledges and accepts that there may be no policy covering the Company’s liability to its clients for death, injury, damage or loss occurring anywhere in the world. The client also specifically acknowledges that with respect to passenger accident liability cover this cover may be very limited or may not exist at all. The client acknowledges that the company has taken reasonable steps in safeguarding its liability. Although the Company does hold various insurances this booking condition states that the client must assume he/she is not covered by any Company insurance policy, including all liability insurance, for death, injury, damage or any other loss.
10. TRIP PARTICIPATION AND CLIENT RESPONSIBILITY
Clients agree to accept the authority and decisions of the Company’s employees, trip leaders and agents while on a trip with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a trip is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, the client may be excluded from all or part of the trip without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the trip and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If you have any medical condition or disability which may affect your active participation in your trip or the trip arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed trip and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your trip or the trip arrangements of any other person develops after your booking has been confirmed.
11. IF WE CHANGE YOUR TRIP
While the Company will do its best to operate all trips as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on our website at any time before or after your booking is confirmed. Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. A significant change is a change made before departure which we can reasonably expect to have a major effect on your trip. If advised of a significant change before departure the client will have the choice of accepting the changed arrangements (at additional cost if applicable), purchasing another available trip from the Company (paying or receiving a refund in respect of any difference in price) or cancelling the trip with a full refund of all monies paid to us. No compensation will be payable and the above options will not be available where a change is a minor one. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your trip. Very rarely, we may be forced by “force majeure” (see clause 13) to change or terminate your trip after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
12. IF WE CANCEL YOUR TRIP
The Company reserves the right to cancel a trip in any circumstances but will not cancel a trip less than 6 weeks before the start of the trip except for force majeure (see clause 13), or the client’s failure to make all payments (including the final balance) when due. Please note, our trips require a minimum number of participants to enable us to operate them. If any trip does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 6 weeks before the start of your trip. If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing the alternative trip offered as a result of consolidation or another available trip from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangement which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your trip.
13. FORCE MAJEURE
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
14. OUR RESPONSIBILITY FOR YOUR TRIP
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the trips, tours, treks or expeditions featured in our program at their own volition. The Company and the trip operators it works with place extreme importance on the safety of clients. It is important, however, that clients realise that they are responsible for making themselves aware (through government travel advisories, government tourist offices and other sources of information) of the risks involved, and are responsible for making their decisions accordingly. No refund will be made for any unused services which are included in the price. The Company shall not be liable for any delays, deviations or omissions from any trip caused by circumstances beyond its reasonable control, nor for any direct or indirect consequences thereto. The Company shall not be liable to compensate clients for associated expenses incurred as a result of their booking. The Company’s contractual obligations consist of using our reasonable skill and care in selecting the suppliers and other third parties who will provide or arrange the services which make up your trip. We will have no responsibility or liability for the actual trip services, for any other services or facilities provided or arranged by any supplier(s) or other third party, for the act(s) or omission(s) of any supplier or other third party or for any of their employees, agents, suppliers or subcontractors or any other person(s) in any way connected with the trip services. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. The services which make up your trip are provided subject to the terms and conditions (which may include exclusions and limitations of liability) of the supplier or other third party concerned. The Company accepts no liability for any action or activity undertaken by the client arranged independently of the Company while on a trip. Without limitation, the Company will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/ or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable or force majeure (see clause 13 above). Regardless of any wording used by us on our website, in brochures, in any advertising material or elsewhere, we only promise to use reasonable skill and care in selecting the suppliers and other third parties who will provide or arrange the services which make up your trip as set out above and we do not have any greater or different liability to you. Without prejudice to clause 1, where any law other than Canadian law is found to apply to your contract with Explore or to any claim you may make, the Company is entitled to rely on and to the benefit of all limitations and exclusions of liability available in accordance with the applicable law to the fullest extent permitted as if the same was written into these conditions and expressly formed part of the client’s contract with the Company. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your trip involves and may be lower than or different to those applicable in your home country. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided whether or not they complied with the laws and regulations of your home country. Clients are responsible at all times for their own personal possessions and for ensuring their security and safe-keeping. The Company has no liability for any lost, damaged or stolen personal possessions and clients must ensure they have adequate and appropriate personal travel insurance to protect the same. For all claims which do not involve death or personal injury or personal possessions, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price of the trip(excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total to Elk Bay Adventures unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your trip and you have been able to prove failure on our part to exercise reasonable skill and care in selecting the suppliers and other third parties responsible for your trip arrangements. We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you if we are found liable to you on any basis will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question were that claim made against it (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines within operating licence granted by an EU country, the EC Regulation on Air Carrier Liability N0889/2002 for national and international travel by air, the Athens Convention 1974 for international travel by sea and the Beme Convention Concerning International Carriage by Rail 1961 (COTIF) as amended for international travel by rail). Please note: where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
15. OPTIONAL EXCURSIONS AND ACTIVITIES
We may provide you with information (before departure and/or when you are on tour) about optional activities and excursions which do not form part of your pre-booked arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They do not form any part of your contract with us even where we suggest particular operators/providers and/or assist you in booking such activities or excursions in any way. Where an Elk Bay Adventures leader collects payment for or otherwise assists in booking any such activity or excursion for you, we act solely as booking agent for the local operator/provider of the activity or excursion with whom you will have a contract. The local operator/provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions. We do not guarantee that any optional activity or excursion mentioned in our brochure, on our website or elsewhere will be available to book during your trip and/or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
International airlines are subject to international air conventions limiting their liability, the limitations of liability are contained on the reverse side of airline tickets or may be obtained from the airline and form part of the terms and conditions of any contract with the client.
17. LATE BOOKINGS
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our trips. For bookings received within 6 weeks of departure, we reserve the right to pass on any extra costs incurred. For bookings received within 6 weeks of departure, the Contract between the Company and the Client comes into existence once full payment has been made and received by Elk Bay Adventures.
18. BROCHURE/WEBSITE/ ADVERTISING MATERIAL ACCURACY
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must, therefore, ensure you check all details of your chosen trip (including the price) with us or your travel agent at the time of booking.
EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
Regardless of the situation or circumstance giving rise to claim, you waive any right to seek consequential, punitive or exemplary damages against the Company, its owners, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
Elk Bay Adventures
Registered Office: 2193 Caledonia Avenue, Nanaimo BC. V9X 1R3, Canada
Please ensure that you have read and understood all the information on our website regarding the style of our trips, flights and other travel information.
Data protection and privacy statement
Your privacy is important to us. We will only use the information that we collect about you lawfully, in accordance with the Personal Information Protection and Electronics Document Act (PIPEDA) 2000. You confirm that you will only enter information about yourself and those in your party and that such information is true.
Data Protection Privacy Statement
For the purposes of PIPEDA, we, Elk Bay Adventures are a data controller. In order to process your booking, brochure and dossier requests, provide your tour and to help us provide you with a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, credit/ debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
We need to pass on your personal details to the companies and organisations who need to know them so that your tour can be provided (for example your airline, hotel, other suppliers, credit/debit card company or bank).
We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of new features, tours or special offers which we think may be of interest to you, including by email). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept by us and we will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so. We respect our customers' privacy and do not sell, rent, trade or give away any of your personal information for any purpose.
We may also send you promotional information about selected third parties' products and services that may be of interest to you. When this happens, we remain in control of your data and it will not be shared outside the Elk Bay Adventures Company.
Occasionally we hire other companies to provide services on our behalf, for example, mailing information to our customers. We only provide those companies with the personal details relating to our clients which they require in order to deliver the service. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass your details, for this reason, agrees to treat it with the same level of protection we are obliged to provide.
If you do not want us to do any or all of these things, please let us know as soon as possible.
Except where expressly permitted by PIPEDA, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We promise to respond to your request within 40 days of receiving your written request. In certain limited circumstances, we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.
As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.
Please note calls may be recorded for training and monitoring purposes.