Last updated: November 15th, 2020
These Terms and Conditions (“Terms”)are a binding contract between 1064435 B.C. Ltd. doing business as “Sea to Sky Expeditions”, Canada, and registered under at British Columbia, Canada and its agents, contractors, employees and other service-providers (“Sea to Sky”) and you, the participant (“Participant” or “Participants”).
These Terms apply only in the case where Participant books their trip with Sea to Sky directly. If you have booked a Trip offered by Sea to Sky through a third-party booking service (“Third-Party Provider”, the terms of the Third Party Provider will govern.
In consideration of the Participant participating in a trip and/or other services provided by Sea to Sky (“Trip”), Participant agrees as follows:
RESERVATIONS AND PAYMENTS
Reservations and Deposit
Participant’s place on a Trip will only be reserved once the registration form is completed and deposit amount, being 30% of the trip cost or such other amount collected by Sea to Sky at the time of booking (collectively “Deposit”) is received by Sea to Sky. Participant acknowledges that the Deposit will only be refunded if Participant is denied participation on any Trip following booking and will not be refunded under any other circumstance but may be transferred only as specifically set out in these Terms. Participant specifically acknowledges that a significant portion of Trip costs are committed well in advance of each Trip.
All balances are due 60 days prior to departure date of your Trip. Participants whose balances are not received by the 60 day deadline as stated above, risk forfeiture of their place on the Trip. In such case, the Deposit will not be refunded.
All prices listed or advertised for any Sea to Sky trips are expressed in Canadian Dollars and are exclusive of any applicable sales taxes. Prices are subject to change on our website without prior notice. The Participant accepts the listed price at the time the deposit is received by Sea to Sky.
Sea to Sky accepts payment via VISA, Mastercard, , e-transfer or international wire transfer. Please note we do NOT accept AMEX. If paying in any currency other than Canadian Dollars, the exchange rate set by the Bank of Canada on the day payment is made will apply. Participant will be responsible for any banking fees associated with payment of fees.
CANCELLATION, RESCHEDULING AND REFUND POLICY
Cancellation and Rescheduling by Participant:
Participants who wish to cancel their Trip at least 60 days before trip departure date, will receive a 100% refund, less the Deposit.
If for any reason Participant cannot attend the Trip, Participant has the option to:
- on not less than 60 days’ notice from the Trip departure day transfer the full amount paid, including the Deposit to a different trip offered by Sea to Sky or to a different participant to be booked within 24 months’ from the date of cancellation;
- on not less 14 days’ notice transfer the full amount paid to an alternate Trip in the same calendar year, subject to availability. If there is no availability for other Trips, the Trip will be deemed to have been cancelled by Participant with those cancellation terms to apply;
- on not less than 14 days’ notice before the Trip departure date transfer the full amount paid, including the Deposit to a different participant; subject to Sea to Sky, in their sole discretion approving the new participant and its receipt of $100.00 administrative fee by Sea to Sky.
Participant expressly acknowledges and agrees that no refund of any amount will be provided if Participant cancels the Trip on less than 60 days notice before the Trip or after the trip has begun, for any reason.
Participant is required to submit all cancellation and/or rescheduling requests in writing by email to [email protected]
Cancellation by Sea to Sky:
Due to the complexity and nature of operating in remote areas and forces outside its control, Sea to Sky reserves the right at any time to cancel or reschedule any Trip, for any reason, including but not limited to logistical issues that may arise that may impede trip operations, hazardous or unsafe environmental conditions, legal and/or government restrictions, park closures, guide availability and commercial feasibility/minimum number of Trip participants.
If Trip is cancelled for reasons outside of Sea to Sky’s control, including but not limited to, as a result of hazardous or unsafe conditions, legal and/or government restrictions or park closures, Sea to Sky will, in its sole discretion:
- Provide Participant with the option to transfer their Deposit and all other amounts paid to an alternative trip offered in the same calendar year;
- Permit Participant to apply their Deposit and all other amounts paid to a future trip or transfer their all amounts paid, including the Deposit to another participant for a future trip with Sea to Sky to be booked within 24 calendar months from the date of cancellation; or
- Refund all amounts paid by Participant to Sea to Sky, less the Deposit.
In the event of any cancellation, Sea to Sky will give as much notice as possible to Participants as reasonably possible, however Participant acknowledges and understands that conditions can change rapidly and limited notice may be provided.
If Trip is cancelled due to insufficient number of participants booked on the Trip or guide availability, Participant may either choose to be transferred to another Trip or receive a full refund of any amounts paid to Sea to Sky including the Deposit. Sea to Sky will not be responsible however, for any other costs or expenses incurred by Participant, including but not limited to travel or accommodation booking costs. Sea to Sky will advise Participants on not less than 30 days’ notice.
Mandatory Travel Insurance
As Sea to Sky strictly enforces its cancellation and evacuation policies, Participant is required to purchase comprehensive travel insurance including cancellation and evacuation insurance coverage in the event Sea to Sky is required to cancel the Trip for any reason or require Participants evacuation during the Trip. Sea to Sky does not provide any form of insurance coverage for Participants and it is Participants sole responsibility to secure travel insurance prior to the Trip Departure Date and that such coverage includes any extended coverage for entering the United States of America. Evacuation costs can be significant, and such costs are the sole responsibility of Participant. Participants are required to provide evidence of Trip-cancellation, extended medical coverage and evacuation insurance at least 7 days prior to the Trip departure date. We highly recommend Participant secure such insurance shortly after booking to ensure coverage is in place in the event Sea to Sky is required to cancel the Trip at any time prior to the Trip departure date. Participant will NOT be permitted to depart on the Trip if evidence of sufficient insurance is not received by Sea to Sky, in its sole discretion.
Excluded Services, Costs and Expenses
The cost of the Trip does not included travel to or from the Trip departure location and Participant is responsible for arranging and paying for all required travel arrangements. If Participant is late in arriving at the departure location, they will either forfeit the Trip, or may, where possible be able to arrange to meet the group at their own cost and expense. Any additional gear offered by Sea to Sky, such as sleeping bag or rain gear, are not included in the Trip costs and subject to an additional fee.
Participants are responsible and will pay all expenses incurred or associated with departing their Trip early for whatever reason including but not limited to illness, injury or other personal reasons. The Participant is responsible for paying their own evacuation, rescue, transport costs and for all other services not expressly included in the Trip.
Participant Responsibilities and Acknowledgments
As a condition of participating in the Trip, Participant acknowledges and agrees as follows:
- Participants are responsible for their own well-being and confirm they are not aware of any medical issues that would hinder their participation or put themselves, Sea to Sky or any other participants at risk. This includes meeting any minimum physical fitness requirements required to participate on the Trip;
- Participants joining a Trip may be required to obtain a physician’s release prior to departure;
- Participants acknowledge that they have been advised with sufficient notice to they are required to obtain trip cancellation, medical and evacuation and repatriation insurance and have been advised that personal, travel, baggage and other related insurance are highly recommended insurances that pertain to their participation in any Sea to Sky Trip;
- Participants do not have coverage under any policies or coverage held by Sea to Sky;
- Participants are responsible for knowing all pre-departure information and to prepare and bring proper equipment and clothing as outlined in information provided to Participants prior to Trip departure;
- Participants are responsible to adhere to basic standards of personal hygiene (to minimize the risk of traveler’s diseases) and as otherwise required by Sea to Sky before and during the Trip;
- Participants are responsible to act in a considerate manner toward all group members and with respect for each country’s customs, values and traditions. Participant agrees to follow the appropriate ‘Leave No Trace’ practices;
- Participants are prohibited from using drugs that may negatively affect their performance while on the Trip;
- Participant gives their consent for Sea to Sky to use their photograph, video likeness and/or voice to be used in its publications, including its website; and
- Participants read, understand, complete, and sign Sea to Sky’s form of Release of Liability and Waiver form and any other required document prior to the departure date.
Third Party Service Providers
Sea to Sky and its directors, officers, owners, agents, contractors, employees, associates, affiliated companies and subcontractors, as well as all other persons or entities acting in any capacity on its behalf (collectively, “Released Parties”) hereby give notice that they act only as agents for hotels, transportation companies, land operators and suppliers of travel services. Sea to Sky assumes no responsibility or liability in connection with the operation or service of any third-party owned aircraft, motor vehicle, other conveyance, inn, lodge or hotel which may be used wholly, or in part, for services to Sea to Sky and its clients. The Released Parties will not be held responsible for any act, error, omission, nor for any injury, loss accident, delay, inconvenience, irregularity or damage which may be occasioned by any cause whatsoever. This includes acts of nature, civil disturbance, government restrictions or failure of any means of conveyance to adhere to published schedule.
Changes to Itinerary
While Sea to Sky will make reasonable efforts to carry out the Trip itinerary, Sea to Sky reserves the right to alter or omit any part of the itinerary of any Trip, to substitute leaders, to change any means of conveyance without notice and without refund in its sole discretion.
Guide’s Rights and Obligations
Given the nature of the services provided by Sea to Sky, the decisions taken by the guide as Trip leader, are final. If the guide considers that the Participant’s behaviour, physical condition, mental illness or any other reason emanating from said Participant may be dangerous to the safety, health or well-being of said Participant or of the whole group, the Participant will be asked to leave the Trip and shall not be entitled to any refund whatsoever and be responsible for any additional costs associated with their departure such as but not limited to transportation, hotels, meals, etc. The guide, as the Trip leader, has full authority to decide on any changes to the itinerary, including, but not limited to ending the Trip if they consider the group in any immediate or future danger or in response to their assessment of the abilities of the group. The Participant acknowledges guide’s authority concerning decisions that encompass changes in the Trip.
Sea to Sky will make commercially reasonable efforts to provide Participant with an objective attempt to deliver the Trip as advertised and in accordance with the Trip itinerary, subject to the safety of the Participants and these Terms. Sea to Sky cannot guarantee that you will complete or reach the objective of any Trip, including any final destination or the guarantee of any wildlife sightings. Weather, route conditions, wildlife, Participants abilities or abilities of other participants on any Trip may create circumstances that make an objective unsafe or unobtainable. Participant understands and agrees that no refunds will be given by Sea to Sky for not reaching the objective or maintaining adherence to any Trip itinerary for any reason.
Governing Laws and Dispute Resolution
These Terms and Conditions are governed by the laws of the province of British Columbia and federal laws of Canada, where applicable. Any disputes arising directly or indirectly as a result of these Terms and Conditions or related to the Trip will be submitted and heard exclusively in the courts of the City of Courtenay, British Columbia.
These Terms and Conditions, together with the Release of Liability and Waiver form signed by Participant constitute the full agreement between the Parties. These terms supersede any terms of any third-party payment processor used by Sea to Sky to collect payment. Participant will be responsible for any fees, including legal fees incurred by Sea to Sky as a result of recovering any fees owing under these Terms and Conditions.
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
If you have any questions about these Terms and Conditions of Use, please send an email to: [email protected]
Acceptance of Terms and Conditions
By reserving a spot on any Trip and making any payment to Sea to Sky, Participant acknowledges and confirms having read, understood and accept these Terms and Conditions.