Terms

TERMS & CONDITIONS

Where the context permits, every reference to ‘You’ or ‘Your’ includes all persons on whose behalf You have booked the tour.

Please ensure You have READ and UNDERSTOOD these terms & conditions before making a booking.

These Terms apply to all tours and services booked with Tours With Photos (‘Us’ or ‘We’).

These Terms can be amended from time to time and the Terms applicable to Your booking will be the Terms published on our website at the time of the booking.

When booking online the price given after selecting a tour, date and number of people will be offered as a quote for services. Email or phone enquiries will also receive a quote from Us in response. By continuing with payment You show acceptance of this quote and once your reservation has been confirmed there will be a binding contract between Us and You (and everyone on whose behalf you made the booking).

You may not rely on any variations to these Terms (as published on the tourswithphotos.com website) unless these variations have been agreed upon in writing by both You and Us (which includes email and sms).

THE CONTRACT

When You make a booking and agree to these Terms, you represent to Us that you are authorised to agree on behalf of everyone who You have booked on the tour and that You and they will all be bound by these Terms once a contract comes into force.  You are responsible for ensuring all persons booked by You are aware of these Terms. By clicking ‘Book Now’ on the online reservation form or confirming a booking directly (by phone or email) You are liable to Us for all payments that are required to be paid to Us pursuant to these Terms.

Tour and photography services that will be provided to You by Us will be detailed on the relevant tour page of the tourswithphotos.com website or within a quote emailed by Us and only those services listed will be provided.

The contract that will come into existence between Us and You will be the entire agreement.  There will be no requirement for Us to be bound by any representation or statement that is not set out expressly in these Terms and we accept no liability for any representation or statement that is not expressly set out in these Terms.

You may not assign or transfer Your rights or obligations under the contract.

If any provision of the contract shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions of it shall not be affected, prejudiced or impaired.

PAYMENTS

Full payment of the quoted tour price must be paid when You confirm the tour. If You are given the option to pay a portion of the tour on the day of the tour (only applicable to some bookings), this should be done so at the beginning of the tour.

If You make Your reservation through a travel agent or other booking service all communication from Us shall be addressed to the agent unless Your contact information is provided to Us by that agent with the express purpose of communication with You. All monies paid by You to a travel agent are held by the travel agent or booking service for Us until such monies are forwarded to Us.

CANCELLATIONS

Once a contract has been formed, You may not withdraw from it except as permitted by the Terms. A cancellation by You will be accepted by Us providing that any cancellation must be made in writing and the payments below are made.  Any cancellation by You will be effective from the date of physical receipt by Us.  The date on which cancellation is received by Us will determine the cancellation charges applicable.  The cancellation charges are expressed as a percentage of the total tour price and based on the number of days notice before the date of Your tour. These charges are those listed at www.tourswithphotos.com/cancellation at the time You made Your booking.

 

AMENDMENTS

If You wish to make any alterations to Your booking, including changing date and number of guests, every effort will be made by Us to accommodate these, but there is no guarantee that this will be possible. If alterations You request are possible, these may be subject to any additional costs or charges including a change fee charged by Us and You agree to cover these costs.  Requests for amendments must be made in writing by the person who made the booking and any additional charges will be communicated to You by Us before the changes are made. Requests to change tour dates are charged according to the cancellation and change fees listed at www.tourswithphotos.com/cancellation at the time Your booking was made.

TOUR PRICES

Prices quoted or displayed by Us may be changed at any time until Your booking is accepted and confirmed in writing.  Even after that time, prices may be changed if there is additional costs charged to Us after that time including, for example, where agencies that are used to provide services on tour raise their costs for any reason and should that occur, if that would result in You paying an additional amount of more than 10% of the tour price, You will be entitled to cancel Your tour with a full refund of all monies paid to Us.  Should You decide to cancel because of this, You must exercise Your right to do so within 5 days of the date of advice by Us. If there is less than 5 days before the tour date, then by no later than one day after You have received advice by Us of the increased costs.

SPECIAL REQUESTS

If You have special requests (including by way of dietary or medical requirements), You should inform Us of such requests prior to Your tour date. We cannot guarantee that such requests will be met unless they have been confirmed and agreed upon by Us. Furthermore, We have no liability to You if such requests are not met.

ITINERARIES

The type of tour we offer requires flexibility and can utilize alternatives. The outline itinerary as given for each tour must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation by Us. The final decision on the itinerary and conduct of any tour will be taken by Us in the interests of the group/or clients as a whole. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to events beyond reasonable control.

On receiving Your booking confirmation please check the information thoroughly and notify Us as soon as possible of any discrepancy. There will be no liability accepted by Us if discrepancies are not communicated to Us within 7 days of dispatch or if you do not receive the documents at least 7 days before Your departure date, before departure on tour.

No responsibility or liability will be accepted by Us for any failure by any third party in providing products or services to You. In the event that such a situation arises, there will be reasonable efforts made by Us to get the third party to rectify any problems or to find a suitable alternative for You.

UNUSED SERVICES 

No refunds will be given for missed or unused services irrespective of the reason why you have missed or not used the services.  The quoted price is an inclusive price for the tour, as a package.

RISK

At all times the decision of the guide will be final on all matters likely to endanger the safety and well being of the tour. You must at all times strictly comply with all laws, customs, foreign exchange and drug regulations. Should You fail to do so then You may be ordered to leave the tour without any refund and without any legal claim against Us.

TRAVEL INSURANCE

It is recommended that all passengers are covered by insurance before undertaking a tour. This insurance should cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience.

NO LIABILITY FOR PERSONAL INJURY OR FOR LOSS OR DAMAGE TO PROPERTY

You acknowledge that Your tour will operate in the outdoors and due to the natural environment involves an amount of personal risk, including by way of example, personal injury, disease, loss or damage to property, inconvenience, and discomfort.  You further acknowledge that You are fully aware of the risks of injury associated with travel in these areas and agree to voluntarily assume all such risk.

Accordingly, You agree that to the maximum extent permitted by law, neither Us (nor any director, employee or agent of ours) nor any operator engaged by Us will be liable in any respect for any death or personal injury or for any loss of or damage to any property arising out of or incidental to Your tour.

You will be required to sign a document (‘The Waiver’) to waive or give up certain legal rights, including the right to sue or to claim compensation following an accident. A copy of The Waiver can be viewed at www.tourswithphotos.com/waiver and will also be provided to you upon booking and then for signing when being collected to begin the tour. Acceptance of The Waiver is a requirement of participating in the tour. If You do not accept the terms listed on The Waiver You must contact Us within 7 days of making Your booking, or if the booking is made within 7 days of the tour then on the day of the booking, to cancel Your booking and receive a refund. No refund will be given for non-acceptance of The Waiver after this time.

NO LIABILITY FOR ANY FORM OF INDIRECT OR CONSEQUENTIAL LOSS

There is no liability accepted by Us for any form of pecuniary loss (however arising and including without limitation loss of income or profit) suffered by You as a result of any breach of these Terms by Us or by the failure for any reason to provide any of the services contracted for.

FURTHER EXCLUSIONS AND LIMITATION OF LIABILITY

To the fullest extent permitted by law, any condition, guarantee, warranty or any other form of assurance that would be implied by law to be provided by Us are removed by this contract and only those conditions, guarantees, warranties, or assurances expressly set out (if any) in these Terms will be offered.

Should We have any liability to You under any head of law (including for breach of contract or negligence or anything else and whether for bodily injury, illness, death, damage to or loss of property, inconvenience or discomfort, or for damages or compensation of any kind or anything else ) or under any applicable statute, then to the extent permitted by law, our liability is limited to CAD$1000.00.  To avoid doubt, where You have booked on behalf of more than one person, this limitation of liability is an aggregate sum, that applies to any claims of any kind by all persons on whose behalf You have made the booking.

You agree that You may not raise any complaint or, to the extent that we can insist on this by law, make any claim of any kind, at any time later than 3 months after the tour (including any alternative tour that is offered and accepted) has ended or been terminated or cancelled or not provided for any reason.  Any complaint or claim must be in writing.

THIRD PARTY OPERATORS

Some services offered by us may be provided by third party operators.  These operators are not an agent for Us.  There is no control by Us over these operators and no liability or responsibility (in either case of any kind) will be accepted by Us, other than as expressly set out in these Terms, for the actions or omissions of the operators (of any kind and including without limitation any negligence or deliberate or wilful actions or omissions) or for any circumstances that have an adverse impact on the ability of the operators to provide any services or to provide them on time.  This exclusion of liability relates to any form of personal injury (including death), any form of property damage, and any kind of cost, expense, loss, damages (including without imitation any form of loss of income or profit) or compensation.  This exclusion of liability is separate

COMPLAINTS WHERE SERVICES ARE NOT AS DESCRIBED

Subject to the other provisions of these Terms, we accept liability should any part of Your tour with Us not be as described in Your booking confirmation and not be of a reasonable standard.  Provided that You follow the complaints procedure set out below, a refund will be provided by Us to You of a maximum amount equal to the cost of Your tour.  Any sums received by You as well as the cost of any alternative arrangements made for You by Us will be deducted from any sum paid to You as compensation by Us.

The liability accepted by Us in the previous paragraph will not arise where the reason why any part of Your tour booked with Us not being as described in your booking confirmation and not being of a reasonable standard is not due to any fault by Us or of any operator engaged by Us.

If You have a complaint as to any part of Your tour booked with Us not being as described in Your booking confirmation and not being of a reasonable standard, You must inform Us immediately.  Matters can be most easily sorted out for You whilst You are on Your tour.  If the matter cannot be resolved to Your satisfaction whilst on tour, the mater will be dealt with promptly by Us upon Your return.

EXPERIENCE AND FITNESS

Certain activities require a minimum level of experience or fitness in order to participate and it is expected by Us that You will be honest with Us in assessing Your level of fitness and abilities. Where applicable these requirements will be advised by Us to You in good faith.  You accept full responsibility for ensuring You have the relevant experience and fitness required to participate in these activities. You agree that there will be no liability to Us for any refusal to allow You to engage in the relevant activity due to Your insufficient experience or inadequate level of fitness.

By agreeing to these Terms, You confirm that You are in good health for the activities that You will be undertaking and have advised fully any medical history that could in any way adversely affect Your participation in the tour.  You agree that you will not participate in activities if You are feeling unwell while on the tour.  

 

EXPELLING TOUR MEMBERS

The right is reserved by Us to withdraw services and expel from any tour any person who is causing risk to themselves or the environment, or negatively impacting on others’ enjoyment of their tour.  In the event that this occurs, You agree that You will not be entitled to a refund of any sort and that You will be fully responsible for Your travel arrangements from the point of expulsion.

EQUIPMENT AGREEMENT

You agree to reimburse Us or the relevant operator for any of equipment lost or damaged whilst in Your care.

PHOTOGRAPHY

You agree that images of You taken during the tour may be used by Us without recourse and without compensation to You. This use may be for publicity and promotion purposes, for sale to third parties or for any lawful purpose, through whatever medium we choose. A document (‘The Release’) must be signed by You and is a requirement of participation in the tour. By signing The Release You will waive or give up certain legal rights, including the right to sue or to claim compensation for the use of Your likeness, in full or in part, of any images taken of You. A copy of The Release can be viewed at www.tourswithphotos.com/waiver and will also be provided to you upon booking and then for signing when being collected to begin the tour. If You do not accept the terms listed on The Release You must contact Us within 7 days of making Your booking, or if the booking is made within 7 days of the tour then on the day of the booking, to cancel Your booking and receive a refund. No refund will be given for non-acceptance of The Release after this time.

ON-SNOW PHOTO SHOOTS

On-snow activities, including skiing and snowboarding, involve the risk of injury. If You are undertaking an on-snow activity You assume all risks and responsibilities. We offer photo shoots of You undertaking an on-snow activity of Your choosing. For the purpose of these conditions an on-snow (ski/snowboard) photo shoot is included in the term ‘tour’, however You agree that You are not being guided during a photo shoot. As such, all decisions on terrain, speed, equipment or any part of the photo shoot are Your own responsibility. Any suggestions on location or actions for taking photos of You by the photographer are only suggestions, it is Your responsibility to consider Your own ability, fitness and impact on others around You. You agree to remain in control at all times so as not to endanger the photographer or others on the mountain. You agree to be held responsible for Your actions when they involve the injury of the photographer or another person or if they involve the damage of property. You agree to follow the Alpine Responsibility Code, which can be viewed HERE. When a photo shoot involves the use of a paid guide, such as in a backcountry location, then You agree that You are being guided by that company and not Us. Any terms and conditions of the guiding company must be agreed to. All other parts of these terms and conditions remain valid if they relate to your involvement with Us.

ERRORS AND OMISSIONS

Statements made by Us on websites or in any advertising material originated by Us have been made truthfully to the best knowledge and accuracy known by Us but to the maximum extent permitted by law, there is no liability accepted by Us for any error, omission, or inaccuracy.

USE OF OUR WEBSITE

You must not attempt to gain unauthorised access to any information, or any computer systems or networks, through hacking, password mining or any other means.  You must not use contact information provided by users of the website, or harvest such information, to send or facilitate the sending of unsolicited bulk communications such as SPAM.

There is no guarantee made by Us that our website will be accessible 24 hours a day.  In addition to and separately from any other provision of these Terms, You agree that we will not be liable for any inability by You to access or use the website where the cause arises from an event that is beyond our reasonable control.

You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information You send to or through our website and while using online transactions may be read or intercepted by others, even where a website is stated as being secure.  We will take reasonable steps to preserve the security of any transmission from You but we accept no liability of any kind for the interception or ‘hacking’ of any data through our website by unauthorised third parties.

An endeavour is made by Us to avoid the infiltration to our website of viruses and other harmful or invasive mechanisms but accept no responsibility or liability should your computer system, device or website be affected by any such mechanisms upon visiting our website or any linked website.  You must take you own precautions to ensure that the process which You employ for accessing this website and any linked website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system.

There is no guarantee by Us that our websites will operate error free or that a loss of data will not occur.

Websites created by Us may contain links to other websites (“Linked websites”).  Those links are provided for convenience only and may not remain current or be maintained. There is no requirement for Us to monitor or inform You of the content or privacy practices associated with Linked Websites. Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless, and to the extent expressly stipulated to the contrary.

PRIVACY POLICY

We will provide Your personal information to operators and carriers to enable the operation of the services requested by You. The utmost will be done by Us to protect Your personal information. Please refer to our Privacy Policy at www.tourswithphotos.com/privacy.

CONTRACTS PRIVITY

To the fullest extent permitted by law, any provision in these Terms in favour of any director, employee, or agent of Us or any operator is intended to be enforceable by them.  Nevertheless, these Terms may be varied at any time without their consent.

LEGAL JURISDICTION AND PRINCIPLES

The contract will be governed by and construed in accordance with the laws of Canada and the Province of Alberta. The parties submit to the nonexclusive jurisdiction of the Alberta Courts.

UPDATING THESE TERMS

We may update or make variations to these Terms at any time without the approval or consent of You or any third party. If You already hold a booking and Your booking is for a date further than 7 days from the day these variations are made then it will be decided by Us if any variations made to these Terms will be required to be accepted by You. If We decide the new Terms will apply to You then You have 7 days after dispatch of the variations to You to decide to cancel Your booking. No refund will be given to You for cancellation by You for non-acceptance of the new Terms after this time  No variation of the Terms by Us will be required to be accepted for any Tour operating within 7 days of those variations being made. We may ask You to accept variations within 7 days of Your Tour of which You can decide to agree to the new Terms, or continue to agree to the previously agreed Terms.