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Terms of Service

The agreement governing your use of our services

Last Updated: November 15, 2023

Welcome to True North Adventures. These Terms of Service ("Terms") govern your use of our website, located at truenorthadventures.com (the "Website"), and the travel services, tours, and experiences we provide (collectively, the "Services").

Please read these Terms carefully before using our Website or Services. By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any Services.

1. Acceptance of Terms

By booking a tour, creating an account, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website or Services after any changes indicates your acceptance of the modified Terms.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater
  • Possess the legal capacity to enter into binding contracts
  • Not be prohibited from using our Services under the laws of Canada or other applicable jurisdictions

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

3. Account Registration

To access certain features of our Website or Services, you may need to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Be solely responsible for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or outdated.

4. Booking and Payment

4.1 Booking Process

When making a booking through our Website or directly with our representatives, you agree to:

  • Provide accurate and complete information for all travelers included in the booking
  • Ensure all travelers meet the eligibility requirements for the specific tour or experience
  • Obtain and maintain all necessary travel documents, including valid passports, visas, vaccinations, and insurance

4.2 Pricing and Payment

All prices are quoted in Canadian dollars (CAD) unless otherwise specified. We accept payment via credit card, debit card, bank transfer, or other payment methods as specified during the booking process.

Payment terms:

  • A non-refundable deposit (typically 20-30% of the total tour price) is required to confirm your booking
  • The remaining balance is due 60 days prior to the tour start date, unless otherwise specified
  • For bookings made within 60 days of the tour start date, full payment is required at the time of booking

We reserve the right to cancel your booking if payment is not received by the due date.

4.3 Price Changes

While we make every effort to ensure pricing accuracy, we reserve the right to correct pricing errors. If a pricing error occurs, we will offer you the option to keep your booking at the correct price or cancel your booking with a full refund.

For confirmed bookings, we may increase prices only to account for:

  • Government-imposed taxes or fees
  • Extraordinary increases in transportation costs
  • Significant changes in foreign exchange rates

Any such price increase will be communicated to you at least 21 days before the tour start date.

5. Cancellations and Modifications

5.1 Cancellations by You

Cancellation of a confirmed booking must be made in writing. The following cancellation fees apply:

  • More than 60 days before tour start date: Loss of deposit
  • 30-60 days before tour start date: 50% of total tour price
  • Less than 30 days before tour start date: 100% of total tour price

We strongly recommend purchasing comprehensive travel insurance to cover cancellation fees in case unforeseen circumstances prevent you from traveling.

5.2 Modifications by You

If you wish to modify your booking (e.g., change dates or tour package), we will make reasonable efforts to accommodate your request. Modification fees may apply, and any difference in price will be charged or refunded as applicable.

Modifications requested within 30 days of the tour start date may be treated as a cancellation and rebooking, subject to our cancellation policy.

5.3 Cancellations or Modifications by Us

We reserve the right to cancel or modify a tour due to:

  • Insufficient participants to operate the tour
  • Force majeure events (see section 6)
  • Health, safety, or security concerns

In such cases, we will offer you the option of:

  • Transferring to an alternative tour (with price adjustment if applicable)
  • Receiving a travel credit for future use
  • Receiving a full refund of all payments made

We are not responsible for any incidental expenses or consequential losses that you may incur as a result of tour cancellation.

6. Force Majeure

We will not be deemed in breach of these Terms or be liable for any delay or failure to perform our obligations due to events beyond our reasonable control, including but not limited to:

  • Natural disasters or extreme weather conditions
  • Acts of government or public authorities
  • War, terrorism, riots, or civil unrest
  • Epidemics, pandemics, or public health emergencies
  • Labor disputes or strikes
  • Transportation delays or cancellations
  • Other unforeseeable circumstances beyond our control

In such circumstances, we may cancel or modify tours and will provide appropriate refunds or alternatives as described in section 5.3.

7. Travel Documents and Requirements

You are responsible for obtaining and maintaining all necessary travel documents, including:

  • Valid passport (with at least six months validity beyond your travel dates)
  • Appropriate visas or travel authorizations
  • Required vaccinations and health certificates
  • Travel insurance

We are not responsible for any losses or expenses incurred due to your failure to obtain or maintain proper travel documentation. We strongly recommend that you check the current requirements for travelers from your country of citizenship or residence before booking.

8. Travel Insurance

We strongly recommend that all travelers purchase comprehensive travel insurance covering:

  • Trip cancellation and interruption
  • Medical expenses and emergency evacuation
  • Baggage loss or delay
  • Personal liability

Travel insurance is particularly important for adventure tours and activities. Certain tours may require proof of adequate insurance coverage as a condition of participation.

9. Health and Fitness

You are responsible for ensuring that you are in suitable physical condition to participate in our tours and activities. Some tours may require a minimum level of fitness or may not be suitable for persons with certain medical conditions.

You agree to:

  • Review the physical requirements for each tour before booking
  • Consult your physician before booking if you have any medical concerns
  • Disclose any relevant medical conditions or dietary requirements at the time of booking
  • Bring adequate supplies of any necessary medications

We reserve the right to refuse participation or remove from a tour any person who, in our opinion, is physically unfit for the activity or whose behavior may compromise the safety or enjoyment of other participants.

10. Behavior and Compliance

While participating in our tours and activities, you agree to:

  • Comply with all applicable laws and regulations
  • Respect local customs, wildlife, and the environment
  • Follow instructions from tour guides and staff
  • Treat other tour participants, locals, and staff with courtesy and respect
  • Not engage in illegal, disruptive, or dangerous behavior

We reserve the right to remove from a tour, without refund, any person whose behavior compromises the safety or enjoyment of the group, or who fails to comply with these requirements.

11. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for any injury, loss, damage, delay, inconvenience, or irregularity arising from the provision of our Services or those of any third-party supplier
  • Our maximum liability for any claim is limited to the amount paid by you for the specific tour or service in question
  • We are not liable for any indirect, special, incidental, or consequential damages

Participation in adventure travel involves inherent risks. By booking our Services, you voluntarily assume these risks.

12. Indemnification

You agree to indemnify, defend, and hold harmless True North Adventures and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from:

  • Your violation of these Terms
  • Your violation of any third-party right
  • Your conduct in connection with our Services

13. Intellectual Property

The Website and its original content, features, and functionality are owned by True North Adventures and are protected by international copyright, trademark, and other intellectual property laws.

You may not:

  • Reproduce, distribute, modify, or create derivative works of our content
  • Use our trademarks, service marks, or logos without prior written consent
  • Frame or mirror any part of the Website without permission
  • Use data mining, robots, or similar data gathering methods

14. Privacy

Your use of our Website and Services is also governed by our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of your information as described in that policy.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms shall be resolved as follows:

  1. Informal negotiation: We will attempt to resolve any disputes informally
  2. Mediation: If informal negotiation is unsuccessful, the parties agree to mediation in Toronto, Ontario
  3. Legal action: If mediation is unsuccessful, any legal action shall be brought exclusively in the courts of Toronto, Ontario

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and True North Adventures regarding your use of our Website and Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of True North Adventures.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us at:

True North Adventures
123 Maple Avenue
Toronto, ON M5V 2T6
Canada

Email: [email protected]
Phone: +1 (416) 555-7890

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+1 (416) 555-7890

[email protected]

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