ENGELHEIM TOURS TERMS AND CONDITIONS

1. Definitions and Interpretations

For the purposes of these Terms and Conditions (hereinafter "these Terms"):

2. Application of Terms

2.1 Scope of Application

These Terms shall apply to all bookings made with the Company and shall form the basis of the contract between the Company and the Customer.

2.2 Acceptance of Terms

By making a booking with the Company, the Customer expressly acknowledges and agrees to be bound by these Terms and the Cancellation Policy.

2.3 Cancellation Matters

All matters relating to cancellations, rescheduling, transfers, and refunds shall be governed exclusively by the Company's separate Cancellation Policy, which is incorporated herein by reference. The Customer acknowledges having read and accepted the Cancellation Policy at the time of booking.

2.4 Commencement of Contractual Relationship

The contractual relationship between the Company and the Customer commences at the time of booking, regardless of whether full payment has been made at that time.

3. Limitation of Liability

3.1 General Limitation

The Company's liability for any loss, injury, or damage suffered by the Customer in connection with any tour shall be limited to the amount actually paid by the Customer to the Company for such tour. In no event shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages.

3.2 Personal Injury and Property Damage

The Company shall not be liable for any personal injury, illness, death, property damage, or other loss or damage suffered by the Customer arising from:
(a) Acts or omissions of any third parties, including but not limited to other tour participants, transportation providers, accommodation providers, or food service providers;
(b) Acts of nature, weather conditions, or other circumstances beyond the Company's reasonable control;
(c) Pre-existing medical or physical conditions of the Customer;
(d) The Customer's own negligence or willful misconduct; or
(e) Criminal acts perpetrated against the Customer by any third party.

3.3 Adventure Activities

The Customer acknowledges that certain tours may involve adventure activities that carry inherent risks. By participating in such activities, the Customer voluntarily assumes all risks and waives any claim against the Company for injuries or damages arising from such activities, except to the extent prohibited by applicable law.

4. Customer Conduct and Responsibilities

4.1 Compliance with Laws and Regulations

The Customer shall comply with all applicable federal, provincial, and local laws, regulations, and ordinances during the tour, as well as all reasonable instructions given by the Company's representatives.

4.2 Disruptive Behavior

The Company reserves the right, exercisable at its sole discretion, to refuse service to, or remove from a tour, any Customer whose conduct is deemed by the Company to be disruptive, abusive, threatening, illegal, or otherwise detrimental to the enjoyment of other Customers or to the safe and effective operation of the tour.

4.3 Health and Fitness Disclosure

The Customer represents and warrants that they are in sufficient physical and mental health to participate in the tour and that they have disclosed to the Company any pre-existing medical conditions that may affect their ability to safely participate in tour activities.

4.4 Removal from Tour

In the event a Customer is removed from a tour pursuant to Section 4.2, such Customer shall not be entitled to any refund and shall be responsible for any additional costs incurred as a result of such removal, including but not limited to transportation, accommodation, and administrative costs.

4.5 Prohibited Substances and Activities

(a) The Customer is strictly prohibited from possessing, consuming, or being under the influence of:
(i) Alcohol;
(ii) Illegal drugs;
(iii) Cannabis in any form (regardless of legal status in the jurisdiction); or
(iv) Controlled substances that are not prescribed to the Customer by a licensed healthcare provider.

(b) Permitted Medications:
(i) Customers may possess and use prescription medications that have been legally prescribed to them by a licensed healthcare provider, provided such medications are taken in accordance with the prescribed dosage and instructions;
(ii) Customers who must carry prescription medications that are controlled substances must keep such medications in their original prescription containers with clearly visible prescription labels; and
(iii) The Company reserves the right to request verification of any prescription medication if there is reasonable suspicion of misuse.

(c) Smoking and vaping are strictly prohibited:
(i) Inside any Company vehicle or transport;
(ii) Inside any accommodation arranged by the Company;
(iii) During guided tour activities;
(iv) In any location where such activities may disturb or affect other Customers; or
(v) In any location where such activities are prohibited by law or local regulations.

(d) The Company reserves the right to refuse service to or turn away any Customer found to be in possession of prohibited substances prior to the commencement of a tour.

(e) The Company reserves the right to immediately remove from a tour, without refund or compensation, any Customer who is found to possess or use prohibited substances during a tour. In such circumstances:
(i) The Customer shall forfeit in their entirety all monies previously remitted to the Company;
(ii) The Company shall not be liable for any additional costs incurred by the Customer as a result of such removal, including but not limited to alternative transportation, accommodation, or return travel arrangements; and
(iii) The Customer shall be solely responsible for arranging and paying for their own transportation, accommodation, and other necessities following removal from the tour.

4.6 Seating Arrangements

(a) For all tours utilizing bus or other transportation arranged by the Company, seating is allocated on a first-come, first-served basis unless explicitly stated otherwise in the tour documentation.

(b) The Company does not guarantee specific seats or seating areas to any Customer, regardless of the time of booking or any special request made.

(c) The Company reserves the right to assign or reassign seating at any time for operational, safety, or comfort reasons.

(d) Customers with medically necessary seating requirements must notify the Company at the time of booking and provide supporting documentation if requested. The Company will make reasonable efforts to accommodate such requirements but cannot guarantee specific seating in all circumstances.

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 the Cancellation Policy ("No-Show"), the following provisions shall apply:

6. Baggage and Personal Property

6.1 Baggage Limitations

The Company may impose reasonable limitations on the size, weight, and number of baggage items that may be brought on a tour. The Customer shall be responsible for complying with such limitations.

6.2 Responsibility for Personal Property

The Company shall not be responsible for the loss, theft, or damage to any personal property of the Customer during the tour, including but not limited to luggage, electronic devices, travel documents, or valuables.

6.3 Left Items

Any items left behind by the Customer after the conclusion of a tour may be forwarded to the Customer at the Customer's expense, or disposed of if not claimed within thirty (30) days.

7. Documentation Requirements

7.1 Identification

The Customer shall be responsible for carrying valid identification during all tours. For certain tours, specific forms of government-issued photo identification may be required.

7.2 International Travel Documents

For tours that involve international travel, the Customer shall be solely responsible for obtaining and carrying all necessary travel documents, including but not limited to passports, visas, and permits. The Company shall not be liable for any consequences arising from the Customer's failure to obtain or carry proper documentation.

8. Itinerary Changes and Tour Modifications

8.1 Right to Modify

The Company reserves the right, exercisable at its reasonable discretion, to:
(a) Modify or substitute any aspect of a tour, including but not limited to routes, activities, accommodations, vehicles, and guides;
(b) Alter the order in which tour activities are conducted; or
(c) Make other reasonable changes to the tour itinerary or services.

8.2 Notification of Changes

The Company shall make reasonable efforts to notify Customers of significant changes to a tour before its commencement. If such changes occur after the tour has commenced, the Company shall inform Customers as soon as reasonably practicable.

8.3 Refunds for Significant Changes

If a tour is significantly altered by the Company after its commencement in a manner that substantially reduces its value or eliminates major advertised features, the Customer may be entitled to a partial refund at the Company's discretion, which shall constitute the Customer's sole remedy.

9. Company-Initiated Cancellations

9.1 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.

9.2 Customer Remedies

In the event of a Company-initiated cancellation, the remedies available to the Customer shall be governed by the Cancellation Policy.

10. Group Booking Provisions

10.1 Definition and Application

(a) A Group Booking is defined as any reservation for six (6) or more Customers made in a single transaction or series of related transactions.

(b) All provisions of these Terms and the Cancellation Policy apply to Group Bookings except where expressly modified by this Section 10.

10.2 Group Leader

(a) The person or entity making the Group Booking ("Group Leader") shall be designated as the primary point of contact for all communications with the Company.

(b) The Group Leader represents and warrants that they have the authority to make reservations, modifications, and cancellations on behalf of all individuals in the group.

(c) The Group Leader is responsible for:
(i) Collecting and providing accurate information for all group members;
(ii) Communicating all relevant tour information, including these Terms and the Cancellation Policy, to all group members;
(iii) Ensuring all group members comply with these Terms; and
(iv) Coordinating payment for the Group Booking.

10.3 Deposit and Payment Schedule

(a) Group Bookings require a non-refundable deposit of 25% of the total tour price at the time of booking, unless otherwise specified in writing by the Company.

(b) Full payment for Group Bookings must be received by the Company no later than twenty-one (21) calendar days prior to the scheduled departure date, unless otherwise specified in writing by the Company.

(c) Failure to remit full payment by the due date may result in cancellation of the Group Booking and forfeiture of the deposit.

10.4 Group Size Modifications

(a) Increases in group size after the initial booking are subject to availability and the Company's approval.

(b) Decreases in group size after the initial booking:
(i) If notification is received fourteen (14) or more calendar days prior to the scheduled departure date, the Company will adjust the total price based on the revised number of participants, subject to any applicable minimum group size requirements;
(ii) If notification is received fewer than fourteen (14) calendar days prior to the scheduled departure date, the original total price shall remain due and payable in full.

10.5 Minimum Group Size

(a) The Company may establish minimum group sizes for Group Bookings that qualify for special rates or services.

(b) If the actual number of participants falls below the specified minimum due to cancellations or no-shows, the Company reserves the right to:
(i) Charge the rate applicable to the actual number of participants;
(ii) Charge for the minimum number of participants regardless of the actual attendance; or
(iii) Cancel the Group Booking with the remedies available to the Customer governed by the Cancellation Policy.

11. Price Adjustment Clause

11.1 Circumstances Permitting Price Adjustments

The Company reserves the right to increase the price of any tour after booking but prior to the scheduled departure date in the following circumstances:
(a) Increases in transportation costs, including fuel costs;
(b) Increases in fees, taxes, or surcharges chargeable for services such as landing taxes, embarkation or disembarkation fees at ports or airports;
(c) Significant changes in government-imposed taxes or fees;
(d) Significant and unforeseen changes in currency exchange rates applicable to the tour; or
(e) Any other significant and unforeseen cost increases beyond the Company's reasonable control.

11.2 Notification and Customer Rights

(a) The Company shall provide the Customer with written notification of any price increase at least fourteen (14) calendar days prior to the scheduled departure date, including an explanation of the reasons for the increase.

(b) If the price increase exceeds 10% of the original tour price, the Customer shall have the right to:
(i) Accept the price increase and proceed with the tour;
(ii) Cancel the booking and receive a full refund of all monies paid to the Company, without any cancellation fees; or
(iii) Accept an alternative tour of comparable standard offered by the Company, if available.

(c) The Customer must notify the Company of their decision within seven (7) calendar days of receiving notification of the price increase. Failure to respond within this timeframe shall be deemed acceptance of the price increase.

11.3 Price Guarantee Period

Notwithstanding the foregoing, the Company guarantees that no price increases will be imposed within thirty (30) calendar days of the scheduled departure date, except for government-imposed taxes, fees, or surcharges that become applicable during this period.

12. Medical Emergency Authorization

12.1 Authorization for Emergency Medical Care

By booking a tour with the Company, the Customer authorizes the Company and its representatives to:
(a) Arrange emergency medical treatment for the Customer in the event that the Customer becomes unable to make decisions due to incapacity;
(b) Provide personal and medical information to emergency medical providers as necessary to facilitate treatment;
(c) Contact the emergency contact person(s) designated by the Customer; and
(d) Take any other reasonable actions deemed necessary to protect the Customer's health and safety during a medical emergency.

12.2 Financial Responsibility

The Customer acknowledges and agrees that:
(a) All costs associated with emergency medical treatment, including but not limited to ambulance services, hospital fees, physician services, medications, medical equipment, and evacuation services, shall be the sole responsibility of the Customer;
(b) The Company may, at its discretion, advance payment for emergency medical services on behalf of the Customer, and the Customer agrees to promptly reimburse the Company for all such advances; and
(c) The Company strongly recommends that all Customers purchase comprehensive travel insurance that includes coverage for emergency medical expenses and medical evacuation.

12.3 Medical Information Disclosure

(a) The Customer agrees to provide accurate information regarding their health status, medications, allergies, and medical conditions at the time of booking or as soon as such conditions become known to the Customer.

(b) The Company shall maintain the confidentiality of such information in accordance with applicable privacy laws but may disclose such information to medical providers in the event of an emergency.

12.4 Limitation of Liability

The Customer acknowledges that the Company's representatives are not medical professionals and may not be trained in medical care. The Company and its representatives shall not be liable for:
(a) Any delay in obtaining medical treatment;
(b) The quality or adequacy of medical care provided by third-party medical providers;
(c) Any deterioration in the Customer's condition during the period between the onset of a medical emergency and the provision of professional medical care; or
(d) Any good-faith decisions made regarding the Customer's medical care during an emergency.

13. Photography and Intellectual Property

13.1 Company's Use of Images

The Company reserves the right to take photographs or videos during the tour and to use such images for promotional, commercial, or advertising purposes without compensation to the Customer. By participating in a tour, the Customer grants the Company a perpetual, royalty-free, worldwide license to use their image and likeness as it appears in such photographs or videos.

13.2 Opt-Out Right

Customers who do not wish to have their images used by the Company must notify the Company in writing prior to the commencement of the tour. The Company shall make reasonable efforts to comply with such requests but cannot guarantee that a Customer will not appear in the background of photographs or videos.

13.3 Customer's Use of Images

The Customer may take photographs and videos during the tour for personal, non-commercial use only. Any commercial use of such images requires the prior written consent of the Company.

14. Complaints and Dispute Resolution

14.1 Reporting Problems During Tours

If the Customer experiences any problems or dissatisfaction during a tour, the Customer must promptly report such issues to the tour guide or other Company representative so that remedial action may be taken, if possible.

14.2 Post-Tour Complaints

Any complaints or claims regarding a tour must be submitted in writing to the Company within fourteen (14) calendar days after the conclusion of the tour. The Company shall investigate and respond to such complaints within thirty (30) calendar days of receipt.

15. Privacy Policy

15.1 Collection and Use of Information

The Company collects and uses Customer information in accordance with its Privacy Policy, which is incorporated herein by reference and available upon request or on the Company's website.

15.2 Consent to Information Sharing

The Customer consents to the Company sharing their personal information with third-party service providers as necessary to facilitate the tour and fulfill the Company's obligations under this agreement.

16. Third-Party Service Providers

16.1 Agency Relationship

For certain components of tours, the Company acts solely as an agent for third-party service providers, including but not limited to transportation companies, accommodation providers, and activity operators.

16.2 Limitation of Liability for Third-Party Services

The Company shall not be liable for any acts or omissions of third-party service providers, including but not limited to breach of contract, negligence, or willful misconduct. Any claims regarding third-party services should be directed to the relevant service provider.

17. Special Requirements

17.1 Dietary Restrictions

The Customer shall inform the Company of any dietary restrictions or food allergies at the time of booking. While the Company will make reasonable efforts to accommodate such restrictions, the Company cannot guarantee the availability of specific foods or the absence of particular allergens.

17.2 Accessibility Needs

The Customer shall inform the Company of any disabilities or special needs at the time of booking. The Company will make reasonable efforts to accommodate such needs but cannot guarantee that all tour components will be accessible to persons with disabilities.

17.3 Minor Participants

Customers under the age of eighteen (18) must be accompanied by a parent or legal guardian, who shall assume full responsibility for the minor's safety and conduct during the tour. The Company may impose minimum age requirements for certain tours or activities.

18. Travel Insurance Recommendation

18.1 Advisory

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

18.2 Disclaimer of Responsibility

The Customer acknowledges that:
(a) The Company does not offer, sell, underwrite, or provide any form of travel insurance;
(b) 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
(c) The Customer bears sole responsibility for evaluating and selecting appropriate insurance coverage.

19. Payment Obligations

19.1 Payment Terms

Full payment for all tours must be received by the Company at the time of booking unless otherwise specified in writing by the Company.

19.2 Continuing Obligations

In situations where a Customer cancels or fails to appear for a tour and is "held responsible for payment," the Customer acknowledges and agrees that:
(a) The Customer remains contractually and legally obligated to pay the full tour price;
(b) The Company may charge any credit card or other payment method previously provided by the Customer; and
(c) 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.

19.3 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:
(a) Engaging professional collection agencies;
(b) Reporting the delinquency to consumer credit reporting agencies; and
(c) Initiating legal proceedings to recover the amount owed, plus any applicable interest, collection costs, and reasonable attorney's fees.

20. Modification of Terms

20.1 Right to Modify

The Company reserves the right to modify, amend, or update these Terms 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.

20.2 Applicable Version

The version of these Terms 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.

20.3 Customer Responsibility

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

21. Governing Law and Dispute Resolution

21.1 Choice of Law

These Terms 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.

21.2 Forum Selection

Any dispute, controversy, or claim arising out of or relating to these Terms, 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.

21.3 Severability

In the event that any provision of these Terms 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.

21.4 No Waiver

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

22. 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:
(a) The Customer's breach of these Terms;
(b) The Customer's violation of any applicable law, regulation, or third-party right; or
(c) Any other act or omission by the Customer in connection with the tour.

23. Survival of Terms

Any provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to provisions concerning limitation of liability, indemnification, intellectual property, and governing law.

24. Interpretation

The headings used in these Terms are for convenience only and shall not affect their interpretation. The terms "including" and "include" shall be deemed to be followed by the phrase "without limitation."

25. Entire Agreement

These Terms, together with the Cancellation Policy, Privacy Policy, Booking Confirmation, and any other documents explicitly incorporated by reference, constitute the entire agreement between the Customer and the Company with respect to the subject matter hereof and supersede 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 these Terms 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 HEREIN AND IN THE SEPARATE CANCELLATION POLICY.

For questions regarding these Terms and Conditions, please contact Engelheim Tours at (306) 566-9300 or tours@engelheim.ca.

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