Terms and Conditions
Thank you for choosing Fresh Tracks (Canada) Inc. (“Fresh Tracks”) to help plan your trip. The purchase of travel, accommodation, insurance or other products or services (“Travel Services”) through Fresh Tracks constitutes an agreement between you and Fresh Tracks. The following terms and conditions form part of that agreement. These conditions affect your legal rights, including your right to sue. Please make sure you have read and understood these terms and conditions.
Fresh Tracks acts solely as the agent for the suppliers of the services being arranged for you (“Travel Suppliers”). Many, if not all, of the Travel Services that make up or relate to your travel booking are provided by independent service providers. Travel Suppliers are independent parties over which Fresh Tracks exercises no control.
We do not accept legal liability or responsibility for any Travel Services provided by any Travel Suppliers. If for any reason Travel Suppliers are unable to provide the Travel Services as contracted, your remedy lies only with the Travel Suppliers.
We rely on the information that is provided by Travel Suppliers to assist you in making informed decisions, but we cannot guarantee the accuracy of such information. Personalized travel requests (e.g. seat or room allocations) cannot be guaranteed. It is possible that departure times, accommodations, and/or other Travel Services booked may change even after a booking is completed and full payment has been received. We do not represent that any Travel Services travel products or services will be suitable for you.
2. Additional Terms and Conditions
Some Travel Suppliers may also require you to sign a liability waiver prior to participating in certain Travel Services. You understand that any refusal to agree to any terms and conditions or to sign a waiver as required may result in the cancellation of Travel Services, the inability to participate in Travel Services or the forfeiture of amounts paid for Travel Services.
You represent and warrant that you are at least 19 years of age and possess the legal authority to enter into this agreement in accordance with all terms and conditions herein on behalf of yourself and on behalf of all others for whom you are booking any Travel Services.
You agree to inform all users of the Travel Services you have booked that these terms and conditions apply to all Travel Services arranged on their behalf and will be binding upon them.
Should you not have the authority warranted or fail to provide the agreed notice to those for whom you book Travel Services, in breach of these terms and conditions, or should you book Travel Services for a minor, you agree to defend, indemnify and hold Fresh Tracks and its employees, servants and agents harmless from any and all claims in any way arising from any Travel Services you have booked.
4. No Warranties
Fresh Tracks provides no warranty regarding the completeness, accuracy, reliability or quality of any information provided with respect to any Travel Services.
The information provided by Fresh Tracks and its employees may include inaccuracies or errors, including pricing errors, with respect to the information and description of Travel Services. Fresh Tracks reserves the right to correct any pricing errors and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel that item on your itinerary without penalty.
5. Liability Release & Agreement Not to Sue
You understand and agree that, as a condition of booking Travel Services through Fresh Tracks, you and all participants in any Travel Services waive all claims and agree to defend, release and indemnify Fresh Tracks, its employees and agents from any and all liability or damages arising in any way from any Travel Services.
You understand that travel and participating in the Travel Services can involve dangers and inherently risky activities that may result in death, personal injury, loss or damage to property, delays, inconvenience, extra costs or other losses.
Fresh Tracks, its employees and agents shall under no circumstances be liable for any representation, misrepresentation or information given or omitted in relation to the suitability of any Travel Services, visas, passports, health issues, insurance issues, taxation or any other matter.
Fresh Tracks, its employees and agents shall also under no circumstances be liable for any loss or damage including injury, death, loss of personal effects or luggage, loss of revenue or profit, costs, expenses, delays, inconvenience, loss of enjoyment or emotional upset, no matter how caused, whether or not due to any act, omission or negligence of Fresh Tracks its employees servants or agents.
In the alternative, should the Liability Release & Agreement Not to Sue contained above be found unenforceable for any reason, all liability of Fresh Tracks shall be limited to the lesser of the total price of the Travel Services purchased or $5,000 Canadian Dollars.
6. Deposits, Payment and fees
(i) Trip Development Deposit
We strive to assist you in planning a unique and personalized trip and to ensure you have the best possible experience. When requesting Travel Services we are happy in most cases to provide an initial itinerary and quote to you at no cost. If you wish to make changes beyond this initial itinerary you may be required to pay a USD$150 per person non-refundable deposit (“Trip Development Deposit”), which will be applied to the balance owing for Travel Services at the time of booking but forfeited if you do not proceed to book a trip. Group trips or trips exceeding two weeks in length may require a Trip Development Deposit at the outset of the planning process.
(ii) Booking Deposit
A non-refundable deposit (“Booking Deposit”) equal to 30% of the total cost of the Travel Services (excluding applicable taxes and fees) will be required at the time you book your trip in order to reserve Travel Services. Some Travel Services may require a higher than 30% deposit however this will be confirmed in advance of booking if required.
(iii) Final Payment in Full
All Travel Services must be paid for in full no later than 90 days before the commencement of any Travel Services unless otherwise stated (“Final Payment”). Failure to make the non-refundable Final Payment may lead to cancellation of Travel Services without notice. Any Travel Services booked within 90 days of departure may incur additional fees and require non-refundable payment in full when booking.
(iv) Changes Fees
Once your Travel Services have been booked, fees may be charged for each change made to the itinerary of each traveler (“Change Fees”). Once a Booking Deposit has been paid and before Final Payment has been made or become due, Change Fees shall be USD$100 per traveler. Once Final Payment has been made Change Fees shall be USD$150 per traveler. All Change Fees are subject to applicable taxes. Change Fees are in addition to whatever additional costs may be imposed by Travel Suppliers.
Please note that Travel Suppliers may have their own change policies. They may not offer refunds for cancellations or permit date changes.
(v) All Deposits, Payment and Fees are non-refundable.
All of the deposits, payments and fees paid in relation to any Travel Services or Insurance are non-refundable. Should a participant in any Travel Services fail to attend at a required time or place, as a result of their own fault or otherwise, Fresh Tracks will not be responsible for any refunds.
We strongly recommend the purchase of insurance to mitigate the consequences of any unforeseen or unexpected events.
We accept VISA, MasterCard and AMEX in both United States Dollars and Canadian Dollars. All deposits, fees and payments must be paid in the same currency as the quotation for Travel Services. All changes are subject to the pricing of Travel Services on the date of the change.
7. Cancellation, Change, or Substitution by Fresh Tracks
We reserve the right to cancel, change or substitute Travel Services at our absolute discretion for any reason. Under certain circumstances it may be necessary to cancel all or part of the Travel Services. Fresh Tracks reserves the full discretion to make any cancellation it deems necessary under any circumstances. If we must do so, we will try to substitute comparable services, but have no obligation to do so.
The price, timing and nature of Travel Services available as well as the price of Travel Services denominated in a specific currency are subject to change and are not guaranteed until a Booking Deposit has been paid.
All participants are strongly advised to purchase medical insurance coverage and cancellation insurance, either through Fresh Tracks or through another insurance provider or broker. Fresh Tracks is able to provide quotes on competitive travel insurance policies and would be happy to do so. All insurance products provided through Fresh Tracks are subject to additional terms and conditions. Please review the wording of all insurance policies, including all warranties, conditions, exclusions and limits carefully. A select number of Travel Services have mandatory insurance coverage requirements due to the nature of the activity. Please read all quote documentation carefully to ensure compliance.
9. Not Included in Price
Unless expressly detailed in the quote for Travel Services provided, the Travel Services do not include travel to a departure point, airfares, passport and visa fees, travel insurance, baggage charges, airport fees, taxes, gratuities, extra meals, ferry tolls, National Park Fees, laundry, alcoholic drinks, optional tours, porterage or any items of a personal nature.
10. Physical/Mobility Restrictions
Please notify Fresh Tracks prior to booking if you or anyone you are booking Travel Services for has any physical, mobility or other restrictions that may relate to your ability to participate in or enjoy any Travel Services. Where such notice is provided we strive to accommodate such restrictions, we accept no responsibility in the event we or any Travel Suppliers are unable to do so or if we fail to do so for any reason. We and our Travel Suppliers reserve the right to refuse participation for the safety and comfort of our guests. It is the responsibility of our clients to ensure all Travel Services provided by Fresh Tracks are suitable to the clients own unique requirements.
11. Fresh Tracks Travel Documentation
Your Fresh Tracks Travel Documentation will be provided via email approximately 30 days prior to travel unless otherwise stated, providing all required information has been provided by the client in a timely manner.
12. Passports and Travel Documentation
Visitors to Canada from all other countries require a valid passport to enter the country. Citizens of some countries may require a visa. It is your responsibility to check the validity of your passport, which should be valid well beyond your return date and to ensure it meets all requirements for admission into Canada. Many countries require your passport to be valid for six months beyond your travel dates or you may be denied Travel Services. Travelers who fly to Canada may also require an electronic travel authorization document. If you have any questions or concerns with respect to your ability to enter Canada, please consult Immigration and Citizenship Canada.
13. California Seller of Travel Act (California Residents)
Pursuant to the California Seller of Travel Act, Fresh Tracks Canada is required to provide you with the following disclosure: Fresh Tracks Canada is not a participant in the California Travel Consumer Restitution Fund. You are not eligible to file a claim against the Fund in the event of Fresh Tracks Canada's default.
These Terms and Conditions shall be deemed severable. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Fresh Tracks is committed to customer satisfaction. If you encounter any difficulties or problems please let us know so that we may attempt to address your concerns. If we are unsuccessful in resolving your concern, and your claim is for any reason not covered by the Liability Release & Agreement Not to Sue detailed above, you agree that any claim relating in any way to any Travel Services arranged through Fresh Tracks is null and void unless notice is provided in writing within 60 days of the completion of any Travel Services and unless arbitration proceedings are commenced within one (1) year of the of the completion of any Travel Services in accordance with the arbitration provision below.
16. Governing Law and Jurisdiction
This agreement is governed by, and is to be construed and interpreted in accordance with the Laws of the Province of British Columbia and the Laws of Canada applicable in that Province.
Any dispute, failure to agree or claim between the Parties arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, will be finally resolved by arbitration under the applicable Rules of the British Columbia International Commercial Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The tribunal will consist of one arbitrator appointed in accordance with the said Rules. Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any court. The seat/place of arbitration will be Vancouver, British Columbia.