For the purposes of this legally binding Cancellation Policy (hereinafter "this Policy"):
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.
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.
The Customer may effectuate cancellation through any of the following methods:
All cancellation notifications, regardless of method of delivery, must contain:
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.
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:
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.
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:
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:
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.
For all Overnight Trips, the Company requires a deposit at the time of booking to secure the Customer's reservation.
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.
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.
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 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.
In the event of a Company-initiated cancellation, the Customer shall be entitled, at the Customer's sole election, to either:
The Customer may transfer their booking to another individual, provided that:
The Customer may reschedule their booking to a different date, subject to the following conditions:
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:
To qualify for consideration under this provision, the Customer must:
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.
In situations where a Customer cancels after the applicable deadline and is "held responsible for payment," the Customer acknowledges and agrees that:
The Company reserves the right to pursue all available legal and equitable remedies to collect any outstanding payments, including but not limited to:
The Company strongly recommends that all Customers purchase comprehensive travel insurance that includes coverage for trip cancellation, trip interruption, and medical emergencies.
The Customer acknowledges that:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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