TERMS & CONDITIONS : UI Experiences
By booking or participating in an experience and any related products or services (a “UI Experience”) with Urban Island Experience - Nova Intelligence Inc, a duly incorporated legal entity in the state of Ontario, (“Urban Island” or the “Organiser”), you (“you”) agree to these Terms & Conditions (the “Terms”) set out herein.
By booking an UI experience you acknowledge that you have read, understand, and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
THE BOOKING CONTRACT
- Your booking is confirmed and a contract exists when the Organiser issues a confirmation after receipt of the applicable deposit or booking amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Organiser immediately. Please ensure that names are exactly as stated in the relevant passport.
- You must be at least 18 years of age to make a booking. You agree to provide full, complete, and accurate information to the Organiser.
BOOKING ON BEHALF OF OTHERS
- By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are if any changes or cancellations are required and keep your party informed.
- By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Organiser will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
- You must provide any medical and dietary information reasonably requested by the Organiser and will be required to complete the Organiser’s UI Experience Intake Form (the “Intake Form”), which shall be shared via the official email of the Organiser, once the booking is confirmed with payment.
- Intake Forms are mandatory for all UI Experiences. If you have any pre-existing medical conditions which may impact your ability to travel, participate in any excursions, travel to remote areas without access to medical facilities, or may adversely affect others, as a part of the UI Experience, you must supply this information in the Intake Form.
- The Organiser reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of the UI Experience.
- The Organiser reserves the right to deny you permission to travel or participate in any aspect of an UI Experience at any time and at your own risk and expense where the Organiser determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
- Pregnancy is considered a medical condition and must be disclosed to the Organiser at the time of booking. The Organiser may refuse to carry pregnant women over 24 weeks. The Organiser may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
- In the event that you do not complete the required Intake Form or provide medical information reasonably required by the Organiser for any reason by the deadlines indicated by the Organiser, the Organiser reserves the right to cancel your booking and all applicable cancellation fees will apply.
- You are responsible for assessing whether an UI Experience is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Organiser does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the UI Experience based on your own unique circumstances, limitations, fitness level, and medical requirements.
- Travel with the Organiser may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your UI Experience varies and the Organiser makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
- Any special requirements must be disclosed to the Organiser in the Intake Form. The Organiser will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Organiser in the Event Intake Form but the Organiser cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Organiser and the Organiser is not liable for any failure to accommodate or fulfil such requests.
MANDATORY INSURANCE REQUIREMENTS
- You must have travel insurance with a minimum medical, evacuation and repatriation coverage of CA$ 200,000 covering all applicable dates of travel with the Organiser. This insurance must cover personal injury and emergency medical expenses. On the first day of each Experience, a representative of the Organiser will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay, or inconvenience while travelling. You acknowledge that insurance coverage is not included in the cost of any UI Experience offered by the Organiser and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s), and activities included in your booking so that the insurer may provide appropriate coverage.
PRICES, SURCHARGES AND TAXES
- The published price of the UI Experience and any products or services offered by the Organiser is subject to applicable taxes at the time of billing. HST will apply. After a confirmation invoice has been issued by the Organiser, the Organiser reserves the right in a force majeure situation, to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency, and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, the Organiser will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the Organiser will provide notice to you as soon as reasonably possible. You will have the option to cancel if this is not acceptable to you.
- Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance, and taxes), you may choose to either:
- cancel the applicable booking without incurring any penalty, and receive a full refund; or
- accept the change of price.
- You must notify the Organiser of your choice within 7 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.
- All dates, itineraries and prices of the UI Experience quoted and confirmed at the time of final payment are final & only subject to any surcharges that may be levied in accordance with these Terms mentioned herein.
- You acknowledge that you are responsible for keeping up to date on the specific details of your UI Experience as minor changes may have been made after the time of booking.
- UI Experience prices do not include international or other airfare, visas and or other travel documentation unless expressly mentioned in the UI Experiences descriptions.
FINAL PAYMENT & ACCEPTANCE OF BOOKING
- The confirmation sent by the Organiser will contain details of the second and final payments required for the booking. The payment schedule shared below.
Immediately on confirmation
15th September, 2023
1st November, 2023
Subject to choice of additional supplement.
A personalised payment link will be e-mailed closer to the date.
- If full payment is not received by the applicable due date, the Organiser may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the amounts paid on booking as a cancellation fee. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
- The Organiser is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Organiser.
CANCELLATION BY THE PARTICIPANT
- You may cancel your booking by notifying the Organiser in writing. Cancellation fees will be determined with reference to the date on which notice of cancellation is received by the Organiser and are expressed as a percentage of the total price paid for the cancelled UI Experience, product, or service (excluding any insurance products) in accordance with below schedule
- Cancellation of an UI Experience:
- Cancellation received 3 months or more before departure of the departure date in relevant booking: the Organiser will attempt to fill your booking with another participant; if the booking can be filled with another participant, your payment(s) will be refunded, minus a CA$ 3,500 cancellation fee.
- Cancellation received less than 3 months before departure of first product or service in relevant booking: any deposit or payment paid will be held by the Organiser in accordance with these Terms.
- For certain products or services the Organiser offers, alternative cancellation terms may apply. The Organiser will advise you of any such requirements prior to confirmation of the applicable booking.
CANCELLATION OF AN EVENT BY THE ORGANISER
- The Organiser guarantees that all scheduled UI Experience departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date UI Experience and itinerary information will be sent to participants by the Organiser.
- If an UI Experience is cancelled by the Organiser before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Organiser:
- a substitute UI Experience of equivalent value; or
- a substitute UI Experience of lesser value if no Experience of equivalent value is reasonably available and to recover from the Organiser the difference in price between the price of the UI Experience originally purchased and the substitute UI Experience; or
- a full refund of all monies paid for the cancelled UI Experience.
- The Organiser is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Organiser reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of the UI Experience as described cannot be provided after departure, the Organiser will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Organiser may provide you with a refund for unused products or services as determined in its discretion.
- It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure, and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Organiser as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the UI Experience, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Organiser that is a direct result of your failure to secure or be in possession of proper travel documentation. The Organiser makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Organiser is not responsible for any errors or omissions in this information.
FLEXIBILITY & UNUSED SERVICES
- You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services, or itineraries by the Organiser. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Organiser (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events, and entry or border difficulties). No reimbursements, discounts, or refunds will be issued for services that are missed or unused after departure due to no fault of the Organiser, including your removal from an UI Experience because of your negligence or breach of these Terms.
- Changes made by the Organiser: The Organiser may modify your itinerary where reasonably required in its sole discretion. If the Organiser makes a change affecting at least two in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Organiser will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
- accept the Material Change and proceed with the amended product or service; or
- cancel the amended product or service and receive a full refund for the land-only portion of the applicable changed product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
- You must notify the Organiser of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
- Once an UI Experience has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment, or comfort. Any changes are at the discretion of the Organiser. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Organiser, whether or not such expenses arise from a change of itinerary, and the Organiser is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Organiser will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
- Changes made by you: You are responsible for ensuring that information provided to the Organiser is accurate and up-to-date. Any changes to your name on any booking are subject to the Organiser’s approval. Any changes to a booking depend on availability and are subject to the Organiser’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Event, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
ACCEPTANCE OF RISK
- You acknowledge that adventures travel and the products and services offered by the Organiser may involve risk to your health and safety. By travelling with the Organiser you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Organiser from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in UI Experience itineraries or otherwise offered by the Organiser.
- You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation, and transport in certain countries where Experiences take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Organiser is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges, or laws in effect in any locations where an UI Experience, product or service is operated. You acknowledge you have considered the potential risks, dangers, and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
- You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on the UI Experience or, if in the opinion of the Organiser (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, the Organiser may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Organiser’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
- You are responsible for any costs (including repair, replacement, and cleaning fees) incurred by the Organiser or the Organiser’s suppliers for property damage, destruction, or theft caused by you while on an UI Experience. You agree to immediately report any pre-existing damage to a representative of the Organiser and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
- You agree to take all prudent measures in relation to your own safety while on UI Experience including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices, and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Organiser nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
- You agree to bring any complaints to the Organiser as soon as possible in order to provide the Organiser with the opportunity to properly address such complaints. You agree to inform your Organiser leader, another representative of the Organiser or the Organiser’s customer service department directly. The Organiser assumes no liability for complaints that are not properly brought to the attention of the Organiser and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of an UI Experience must be received in writing by the Organiser within 14 days of the last day of travel of the booking in question.
THE ORGANISER IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
- The Organiser makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, event and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Organiser takes all reasonable care in selecting Third Party Suppliers, the Organiser is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Organiser does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
- THE ORGANISER IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS, OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE ORGANISER AND ITS EMPLOYEES.
- The Organiser is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
- “Optional Extras” refers to any activity, transportation, meal, product, or service not expressly included in the UI Experiences itinerary or price of the UI Experiences and do not form part of the UI Experiences. You agree that any assistance given by the Organiser’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Organiser makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Organiser regarding any Optional Extras. You release the Organiser from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
- You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering, or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
- The Organiser and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Organiser for any such loss, damage, injury, or death.
- In the event that any loss, death, injury, or illness is caused by the negligent acts or omissions of the Organiser or of the Third Party Suppliers of any services which form part of the booking contract then the Organiser limits its liability, where applicable by all applicable international conventions.
- Notwithstanding anything to the contrary elsewhere in these Terms, the Organiser will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract, or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
- For claims not involving personal injury, death, or illness, any liability the Organiser may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable UI Experience, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then the Organiser liability will not exceed $1,000 CAD. The Organiser will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Organiser and its suppliers, contractors or other third parties.
- The Organiser will not be liable in any way for death, bodily injury, illness, damage, delay, or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Organiser failure to commence, perform, or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage, or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, or any other cause whatsoever beyond the reasonable control of the Organiser; or an event which the Organiser or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
IMAGES AND MARKETING
- You agree that, while participating in any UI Experience, images, photos, or videos may be taken by other participants, the Organiser or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable licence to the Organiser, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions, and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
- If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
CONTRACT PARTIES & SUCCESSORS
- These Terms will insure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns.
- The Contract and these Terms are subject to the laws of Ontario, Canada and you submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute under these Terms or concerning any UI Experience, product or service.
- The Organiser reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Event Operator’s website at https://www.urbanislandofficial.com/pages/privacy-policy. Any amendment will take effect 10 days after being posted to the Organiser’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Organiser’s website and will be sent to you upon written request to the Organiser. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Organiser’s website. The Organiser recommends that you refer to the Terms prior to travel to familiarise themselves with the most up-to-date version available.