Cancellation Policy

1. Definitions and Interpretations

For the purposes of this legally binding Cancellation Policy (hereinafter "this Policy"):

"Company" shall mean and refer to Engelheim Charter Inc., a business entity operating in Regina, Saskatchewan, Canada.
"Customer/Passenger" shall mean and refer to (i) any natural person who enters into a contractual agreement with the Company for tour services, or (ii) any natural person for whom such booking is made by another party.
"Day Trip" shall mean and refer to any tour service provided by the Company that commences and concludes within a single calendar day.
"Overnight Trip" shall mean and refer to any tour service provided by the Company that necessarily includes a minimum of one (1) night's accommodation.
"Business Days" shall mean and refer to Monday through Friday, excluding statutory holidays observed federally in Canada, during the hours of 9:00 AM to 5:00 PM Central Standard Time (CST).
"Force Majeure" shall mean and refer to any extraordinary event or circumstance beyond the reasonable control of either party, including but not limited to: acts of God; war; insurrection; riots; civil disturbance; acts of terrorism; government actions, orders, or restrictions; strikes or other labor problems; fires; floods; earthquakes; severe weather conditions; epidemics; pandemics; quarantine restrictions; or any other similar event.
"Booking Confirmation" shall mean and refer to the official documentation issued by the Company confirming the Customer's reservation, which may be delivered via electronic mail, physical mail, or other means of communication.

2. Cancellation Timeframes and Notification Requirements

2.1 Day Trips

The Customer shall provide the Company with notice of cancellation no later than five (5) calendar days prior to the scheduled departure date. For purposes of calculating this deadline, the day of scheduled departure shall be excluded from the calculation.

2.2 Overnight Trips

The Customer shall provide the Company with notice of cancellation no later than fourteen (14) calendar days prior to the scheduled departure date. For purposes of calculating this deadline, the day of scheduled departure shall be excluded from the calculation.

2.3 Method of Notification

The Customer may effectuate cancellation through any of the following methods:

Via telephone communication to the Company at (306) 566-9300 during Business Days;
Via electronic mail to tours@engelheim.ca;
Via written notification delivered in person to the Company's principal place of business at our physical address.

2.4 Required Information

All cancellation notifications, regardless of method of delivery, must contain:

The Customer's name as it appears on the Booking Confirmation;
The applicable booking reference number as assigned by the Company; and
An explicit statement indicating the Customer's unequivocal intent to cancel the specified tour.

2.5 Confirmation of Receipt

Upon receipt of a valid cancellation notification, the Company shall acknowledge such receipt within one (1) Business Day. The absence of such acknowledgment shall not constitute a waiver of any provision herein, nor shall it be construed as acceptance of cancellation outside the applicable timeframes delineated in Sections 2.1 and 2.2.

3. Refund and Credit Structure

3.1 Day Trips

In the event the Customer provides notice of cancellation five (5) or more calendar days prior to the scheduled departure date, the Customer shall be entitled, at the Customer's sole election, to either:
1. A full monetary refund of one hundred percent (100%) of all sums previously remitted to the Company, which the Company shall process within fourteen (14) Business Days of receiving the cancellation notification; or
2. A non-expiring credit equal to one hundred percent (100%) of all sums previously remitted to the Company, which credit may be applied toward any future tour offered by the Company.
In the event the Customer provides notice of cancellation fewer than five (5) calendar days prior to the scheduled departure date, the Customer shall not be entitled to any refund whatsoever and shall remain contractually obligated to remit payment in full for the tour price in its entirety.

3.2 Overnight Trips

In the event the Customer provides notice of cancellation fourteen (14) or more calendar days prior to the scheduled departure date, the Customer shall be entitled, at the Customer's sole election, to either:
1. A full monetary refund of one hundred percent (100%) of all sums previously remitted to the Company, which the Company shall process within fourteen (14) Business Days of receiving the cancellation notification; or
2. A non-expiring credit equal to one hundred percent (100%) of all sums previously remitted to the Company, which credit may be applied toward any future tour offered by the Company.
In the event the Customer provides notice of cancellation between seven (7) and thirteen (13) calendar days, inclusive, prior to the scheduled departure date, the Customer shall be entitled, at the Customer's sole election, to either:
1. A partial monetary refund of fifty percent (50%) of all sums previously remitted to the Company, which the Company shall process within fourteen (14) Business Days of receiving the cancellation notification; or
2. A non-expiring credit equal to fifty percent (50%) of all sums previously remitted to the Company, which credit may be applied toward any future tour offered by the Company.
In the event the Customer provides notice of cancellation fewer than seven (7) calendar days prior to the scheduled departure date, the Customer shall not be entitled to any refund whatsoever and shall remain contractually obligated to remit payment in full for the tour price in its entirety.

4. Deposit Provisions

4.1 Overnight Trip Deposits

For all Overnight Trips, the Company requires a deposit at the time of booking to secure the Customer's reservation.

4.2 Non-Refundable Nature

All deposits for Overnight Trips are strictly non-refundable under any circumstances, including but not limited to cancellations made within the timeframes outlined in Section 3.2, medical emergencies, or any other extenuating circumstances.

4.3 Application to Final Payment

The deposit amount shall be applied toward the final payment of the tour price. The remaining balance shall be subject to the refund provisions outlined in Section 3.2 of this Policy.

5. No-Show Provisions

In the event that a Customer fails to appear at the designated time and location for a scheduled tour without having provided prior notice of cancellation in accordance with Section 2 hereof ("No-Show"), the following provisions shall apply:

The Customer shall forfeit in their entirety all monies previously remitted to the Company;
The Customer shall remain contractually obligated to remit payment in full for the tour price if payment has not yet been made in its entirety; and
The Customer shall have no legal right or entitlement to receive any refund or credit whatsoever.

6. Company-Initiated Cancellations

6.1 Grounds for Cancellation

The Company reserves the right, exercisable at its sole and absolute discretion, to cancel any tour for any reason, including but not limited to insufficient bookings, adverse weather conditions, Force Majeure events, or any other circumstances that, in the Company's reasonable judgment, would compromise the safety, comfort, or enjoyment of Customers.

6.2 Customer Remedies

In the event of a Company-initiated cancellation, the Customer shall be entitled, at the Customer's sole election, to either:

A full monetary refund of one hundred percent (100%) of all sums previously remitted to the Company, which the Company shall process within fourteen (14) Business Days of the cancellation notification; or
A transfer of the booking to another available tour offered by the Company, subject to the following conditions:
1. If the designated alternative tour bears a higher price than the canceled tour, the Customer shall be obligated to remit payment for the difference in price prior to the commencement of the alternative tour;
2. If the designated alternative tour bears a lower price than the canceled tour, the Company shall, at the Customer's election, either refund the difference in price or issue a non-expiring credit for the amount of such difference;
3. If the designated alternative tour bears the same price as the canceled tour, no additional payment or refund shall be required from either party.

7. Transfer and Rescheduling Provisions

7.1 Transfer to Another Individual

The Customer may transfer their booking to another individual, provided that:

The Company receives written or telephone notice of the transfer at least twenty-four (24) hours prior to the scheduled departure time;
The transferee meets all eligibility requirements for the tour;
The transferee expressly agrees in writing to be bound by all terms and conditions applicable to the tour, including but not limited to this Policy; and
The original Customer shall remain jointly and severally liable with the transferee for payment of the tour price until the Company acknowledges acceptance of the transfer.

7.2 Rescheduling

The Customer may reschedule their booking to a different date, subject to the following conditions:

The availability of the requested alternative date;
Providing written or telephone notice of the rescheduling request;
If the rescheduled tour bears a higher price than the original tour, the Customer shall be obligated to remit payment for the difference in price prior to the commencement of the rescheduled tour;
If the rescheduled tour bears a lower price than the original tour, the Company shall, at the Customer's election, either refund the difference in price or issue a non-expiring credit for the amount of such difference;
If the rescheduled tour bears the same price as the original tour, no additional payment or refund shall be required from either party; and
Rescheduling a booking does not exempt the Customer from the cancellation provisions of this Policy should the Customer subsequently decide to cancel the rescheduled booking.

8. Medical Emergencies and Extenuating Circumstances

8.1 Discretionary Relief

Notwithstanding the provisions set forth in Sections 3.1 and 3.2 of this Policy, in cases where a Customer cancels due to a documented medical emergency or other extenuating circumstances, the Company may, at its sole and absolute discretion, offer either:

A full or partial monetary refund, regardless of the timing of the cancellation; or
A non-expiring credit equal to the amount that would have been refunded, which the Customer may apply toward any future Company tour.

8.2 Required Documentation

To qualify for consideration under this provision, the Customer must:

Provide written or telephone notice of cancellation as soon as reasonably practicable under the circumstances;
Submit documentation substantiating the medical emergency or extenuating circumstance within seven (7) calendar days of the cancellation notice; and
Provide any additional information or documentation that the Company may reasonably request.

8.3 Final Determination

The Company reserves the right to verify any documentation provided and to make the final determination as to whether a cancellation qualifies under this provision. Such determination shall be made in good faith but shall be binding upon the Customer.

9. Payment Obligations

9.1 Continuing Obligations

In situations where a Customer cancels after the applicable deadline and is "held responsible for payment," the Customer acknowledges and agrees that:

The Customer remains contractually and legally obligated to pay the full tour price;
The Company may charge any credit card or other payment method previously provided by the Customer; and
If payment cannot be processed through the original payment method, the Company may issue an invoice for the amount due, which the Customer agrees to pay within fourteen (14) calendar days of issuance.

9.2 Collection Rights

The Company reserves the right to pursue all available legal and equitable remedies to collect any outstanding payments, including but not limited to:

Engaging professional collection agencies;
Reporting the delinquency to consumer credit reporting agencies; and
Initiating legal proceedings to recover the amount owed, plus any applicable interest, collection costs, and reasonable attorney's fees.

10. Travel Insurance Recommendation

10.1 Advisory

The Company strongly recommends that all Customers purchase comprehensive travel insurance that includes coverage for trip cancellation, trip interruption, and medical emergencies.

10.2 Disclaimer of Responsibility

The Customer acknowledges that:

The Company does not offer, sell, underwrite, or provide any form of travel insurance;
The Company has not made and expressly disclaims any representations or warranties regarding the availability, coverage, or suitability of any travel insurance policies that may be obtained by the Customer; and
The Customer bears sole responsibility for evaluating and selecting appropriate insurance coverage.

11. Modification of Policy

11.1 Right to Modify

The Company reserves the right to modify, amend, or update this Policy at any time without prior notice, provided that any such modifications shall not apply retroactively to bookings confirmed prior to the effective date of the modification.

11.2 Applicable Version

The version of the Policy in effect on the date of the Booking Confirmation shall govern the contractual relationship between the Company and the Customer with respect to that specific booking.

11.3 Customer Responsibility

It shall be the Customer's sole responsibility to review the Policy in effect at the time of booking. The Customer's completion of a booking shall constitute conclusive evidence of the Customer's acceptance of the Policy then in effect.

12. Governing Law and Dispute Resolution

12.1 Choice of Law

This Policy shall be governed by, construed, and enforced in accordance with the substantive laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to principles of conflicts of law.

12.2 Forum Selection

Any dispute, controversy, or claim arising out of or relating to this Policy, or the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the courts of Saskatchewan, and the parties hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens.

12.3 Severability

In the event that any provision of this Policy is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be automatically reformed and construed so as to be valid, operative, and enforceable to the maximum extent permitted by law while preserving its original intent, and the remaining provisions shall remain in full force and effect.

12.4 No Waiver

The failure of the Company to enforce any right or provision of this Policy shall not constitute a waiver of such right or provision. Any waiver of any provision of this Policy will be effective only if in writing and signed by an authorized representative of the Company.

13. Indemnification

The Customer hereby agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorney's fees, arising out of or related to:

The Customer's breach of this Policy;
The Customer's violation of any applicable law, regulation, or third-party right; or
Any other act or omission by the Customer in connection with the tour.

14. Entire Agreement

This Policy, together with the Booking Confirmation and any other documents explicitly incorporated by reference, constitutes the entire agreement between the Customer and the Company with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations, warranties, statements, negotiations, and undertakings with respect to the subject matter hereof. No modification, amendment, or waiver of any provision of this Policy shall be effective unless in writing and signed by an authorized representative of the Company.

BY BOOKING A TOUR WITH ENGELHEIM TOURS, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS POLICY.

For questions regarding this Policy, please contact Engelheim Tours at (306) 566-9300 or tours@engelheim.ca.