fbpx

Terms and Conditions

These are the Terms and Conditions that will apply to your booking a trip with us.

These Terms shall constitute the entire agreement between The Quiet Guiding Company, Inc. (also referred to as The Quiet Guiding Company) and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written representation, warranty, prior agreement, or description of services, other than as expressed herein.

The contract and booking is made with, and services will be provided by The Quiet Guiding Company. By booking a trip, you agree to these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability.

These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.A booking is accepted and becomes definite only from the date when The Quiet Guiding Company sends a written confirmation of acceptance of trip registration, after receipt of the applicable deposit amount. It is at this point that a contract between The Quiet Guiding Company and the Client comes into existence.The Quiet Guiding Company reserves the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”.

AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. For minors accompanied by adults, the minimum age accepted on regular trips is 16 years of age.

All bookings with a minor are subject to review and approval by The Quiet Guiding Company. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Quiet Guiding Company will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is responsible for the behavior, well-being, supervision and monitoring of such minor(s), and jointly and accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Quiet Guiding Company does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

BOOKING ON BEHALF OF OTHERS

By booking on behalf of any minor(s), you are deemed to be the designated contact person for every participant included on that booking and take full responsibility for the accuracy of all information provided on their behalf.

Every Client participating on any The Quiet Guiding Company trip must personally complete the trip registration form with their own unique email address (unless a minor) and confirm their personal information and agreement of these terms. You may pay the deposit and/or final balance for another trip participants but are not permitted to fill out a registration form or waiver for another trip participant.

DEPOSITS

All trip bookings require deposits:

  • For all advertised itineraries and dates, a non-refundable deposit per person plus submission of our online registration form is required to complete your booking. See Risk Free Guarantee below. 
  • Deposits become credits if you cancel your spot after 7 days from the booking date until 91 days before the trip. See below for credit details. 
  • Deposits made within 90 days of the trip departure date are non-refundable and are not eligible for the Risk-Free Guarantee nor can they become credit.
  • Deposits are payable online on the trip page by credit card.
  • We accept VISA and Mastercard.

Pricing:

  • All trip prices are quoted and payable in CAD and are subject to applicable taxes.

BOOKING CONFIRMATION

The Quiet Guiding Company will contact you within 2 business days, regarding your completed registration to confirm your participation in your selected trip. You will receive an information package with details relevant for your selected trip within 5 business days of booking.

RISK-FREE GUARANTEE

  • Your deposit is fully refundable for the 7 days immediately following your deposit payment.  As of the 8th day after your deposit payment, your deposit is no longer refundable but can become a credit. 
  • The Risk-Free Guarantee does not apply to deposits paid within 90 days of the trip departure date.

MEDICAL CONDITIONS & SPECIAL REQUIREMENTS

The Client must notify The Quiet Guiding Company in writing during the process of booking (on your registration form) and update before the trip start of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and/or any medical condition.

If you have any pre-existing medical conditions which may impact your ability to travel and fully participate in a trip without easy access to medical facilities or may adversely affect the experience of others on your trip, you may be required to return a medical form, signed by a licensed and practicing physician prior to or at the time of final payment for the applicable booking.

Failure to notify The Quiet Guiding Company may result in the Client being refused participation on the trip. Failure to notify The Quiet Guiding Company of any such condition that results in trip cancellation within 90 days of the trip will result in the client’s forfeit of trip deposit and final balance. No credits of such payments will be made.

Some trips may be unsuitable for Clients due to mobility, disability, pregnancy or physical or mental conditions. You are responsible for assessing whether a trip is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. We advise you to seek your physician’s advice on vaccinations and medical precautions. The Quiet Guiding Company does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the trip based on your own unique circumstances, limitations, fitness level, and medical requirements.

The Quiet Guiding Company may refuse pregnant women over 24 weeks or Clients with certain conditions. The Quiet Guiding Company reserves the right to request further information or professional medical opinions where deemed necessary, for your safety or the safe operation of a trip.

The Quiet Guiding Company reserves the right to deny you permission to travel or participate in any aspect of a trip at any time and at your own risk and expense where we determine that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

The Quiet Guiding Company is not required to provide any special facilities unless it has agreed to do so in writing. The Quiet Guiding Company will do its best to meet Client’s special requests including dietary, but such requests do not form part of the Contract and therefore The Quiet Guiding Company is not liable for not providing these requests.

ACCEPTANCE OF BOOKING & FINAL PAYMENTS

The Quiet Guiding Company will confirm acceptance of the Client’s booking in writing, via email.

As a condition of booking, you must provide the information requested by The Quiet Guiding Company along with final payment. If you fail to supply information required by The Quiet Guiding Company for permits or other inclusions, you will also be liable for any costs, fees, or losses including failure to obtain or provide that inclusion. In the event that you fail to supply essential information required by The Quiet Guiding Company, we also reserve the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable by The Quiet Guiding Company, in its sole discretion. The Quiet Guiding Company will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced, or otherwise incomplete information you have provided.

FINAL PAYMENT

  • For all regularly scheduled The Quiet Guiding Company trips, the payment of the final balance of the tour price is due 90 days prior to the trip start date.
  • The final balance payment will be charged directly to the credit card we have on file at 90 days before your trip departure date.
  • If a booking is made within 90 days of departure, then the final balance is payable immediately upon acceptance of the Client on the trip, upon approval of registration. The final balance will be processed on the credit card used to make the trip deposit unless the Client contacts The Quiet Guiding Company to make other arrangements on the same day the deposit is submitted.
  • If the final balance is not received by the due date (90 days in advance of the trip start date), then rates and trip space cannot be guaranteed and The Quiet Guiding Company may notify the Client of the trip cancellation. The deposit will be forfeited in such a case.

CANCELLATION OF A TOUR BY THE CLIENT

Any cancellation by a Client must be made in writing (via email) and be acknowledged by The Quiet Guiding Company in writing (via email). Immediately after written confirmation of cancellation, the spot on the trip will be released and not guaranteed to be available for rebooking.

  • If you cancel within the Risk-Free Guarantee timeframe (see above for details), your deposit will be fully refunded.
  • If you cancel after 7 days from the deposit payment date until 91 days before the trip, your deposit becomes a credit. Any optional extra balance payments made may be refunded. See below for credit details.
  • If you cancel within 90-61 days prior to the trip start date, we will refund you 50% of the final balance. No refund or credit available for the other 50% or for the deposit.
  • If you cancel within 60 days of the trip, you forfeit both the final balance and deposit. No refund or credit available.

CREDITS

  • Credits are valid for the year of the original trip and the next calendar year.
  • All credits expire December 31st in the year following the originally booked trip date. 
  • Credits may be used towards the final balance of another trip, applied at 90 days in advance of the trip start date. Credit may only be transferred once. If the credit is applied to another booking which is again canceled by the Client, the credit is forfeited.

CANCELLATION OF A TRIP BY THE QUIET GUIDING COMPANY

The Quiet Guiding Company reserves the right to cancel any trip for any reason, but will not cancel a trip less than 90 days before departure except for Force Majeure, unusual or unforeseen circumstances outside The Quiet Guiding Company’s control. When a trip is canceled by The Quiet Guiding Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either:

  1. Take a substitute trip of equivalent or higher price if The Quiet Guiding Company is able and willing to offer such a substitute and pay any difference in price between the price of the trip originally purchased and that of the substitute trip; or
  2. Take a substitute trip of lower price if The Quiet Guiding Company is able and willing to offer one and to recover from The Quiet Guiding Company the difference in price between the trip originally purchased and that of the substitute trip; or
  3. Receive a full refund of all monies paid under the contract as soon as possible.

The Quiet Guiding Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as non-refundable travel or other fees, loss of earnings, or loss of enjoyment, etc.

If the Client is offered a refund but requests an alternative trip of a higher value than that originally booked, then the Client must pay the difference in price.

Where, after departure, a significant element of the trip contracted for cannot be provided, The Quiet Guiding Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, The Quiet Guiding Company will provide the Client a refund of unused trip portions. Significant alterations do not include the substitution of a vessel or modification of itineraries.

TRAVEL

All The Quiet Guiding Company trips do not include domestic or international airfare to the trip starting location or from the trip end location.

The Quiet Guiding Company strongly recommends you secure cancellation insurance before making any non-refundable travel arrangements.

TRAVEL & HEALTH INSURANCE

Emergency and health care coverage varies between provinces so we recommend that you check on your coverage if you are traveling between provinces. Any non-Canadians are recommended to obtain travel / extended health insurance before the trip start date.

This insurance must cover personal injury and emergency medical expenses including, but not limited to, helicopter evacuation, air ambulance, and repatriation. Clients must provide proof of Insurance on their Travel Details Form during the trip preparation process or they will be declined participation on their adventure.

It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client during travel. The Quiet Guiding Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public areas are not reimbursable. Losses due to ordinary wear and tear and other acts of God are not reimbursable. The Quiet Guiding Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by The Quiet Guiding Company.

The Client acknowledges that the cost of The Quiet Guiding Company trips do not include insurance and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken. 

EVACUATION PROCEDURES AND COSTS

The Quiet Guiding Company’s Trip Leader’s decisions will at all times be final on all matters likely to affect the safety and well-being of the trip. We reserve the right to prohibit any traveler from continuing on a trip with no right of refund if, in our opinion, that traveler’s actions pose a threat to the safety of others or themselves.

Evacuation costs are to be covered by the person being evacuated.

TRAVEL DOCUMENTS

  • Valid Passport: The Client must be in possession of a valid passport required for entry, departure, and travel to the trip destination if Canada is not your home country. All visas, permits, and certificates including vaccination certificates, insurance policies, etc. are required for the whole of the journey.
  • The Client accepts full responsibility for obtaining all such documents, visas, and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation.

CLAIMS AND COMPLAINTS

If a Client has a complaint against The Quiet Guiding Company, the Client must first inform the trip leader or guide at the earliest opportunity to allow the grievance to be rectified.

If satisfaction is not reached, contact the The Quiet Guiding Company Director (info@thequietguidingcompany.com) whilst on trip so that The Quiet Guiding Company is provided the opportunity to rectify the matter.

CLIENT RESPONSIBILITY

The Client acknowledges they will be visiting places where the geographical attributes may present certain risks, dangers and physical challenges greater than those present in daily life.

By booking travel with The Quiet Guiding Company, the Client acknowledges they have considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions.

SUPPLIERS AND INDEPENDENT CONTRACTORS

Elements of a The Quiet Guiding Company trip will be arranged by The Quiet Guiding Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. The Quiet Guiding Company will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable. These may limit or exclude the liability of the supplier. The liability of The Quiet Guiding Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing the performance of the services of any supplier. Neither The Quiet Guiding Company nor any carrier is liable for independent contractors. Local suppliers may also require The Quiet Guiding Company clients to sign their waiver directly to participate on activities in the trip itinerary.

SAFETY & TRIP ENJOYMENT

The Quiet Guiding Company organizes trips in natural areas where the environment can sometimes lead to unpredictable conditions. To avoid possibly dangerous situations, both for Clients and the animals, it is extremely important that all travelers obey any rules and regulations imposed by the The Quiet Guiding Company Trip Leaders and/or Guides and instructions given by them.

The Quiet Guiding Company reserves the right to prohibit any Client from continuing on a trip with no right of refund if, in our opinion, that Client’s actions pose a threat to the safety of them, others, or to the wildlife, or if that Client’s actions or behaviors are seriously jeopardizing the enjoyment of the trip for others. The decision of the The Quiet Guiding Company Trip Leader will at all times be final on all matters likely to affect the safety and well-being of the trip.

The Quiet Guiding Company will not accept responsibility or liability for any Client who contravenes any laws or other regulations of Canada.

ALCOHOL AND DRUGS

The Quiet Guiding Company does not tolerate any trip participant to be under the influence of alcohol or marijuana while participating in outdoor activities. If your guide thinks that you are not in the appropriate condition to undertake the activity, for any reason, they have the right to decline your participation or may suggest a modified approach. The use of illegal substances/drugs is not permitted and any use of these will result in being evicted from the trip at your own expense.

We also encourage a non-smoking environment around group members and smokers are asked to smoke in a designated area.

We want you to have the best possible adventure and appreciate you helping us create an inclusive and healthy group environment that is about taking excellent care of ourselves and each other.

HEALTH & FITNESS

The Quiet Guiding Company trips may be somewhat strenuous even for people who are healthy and reasonably fit. All trippers are expected to carry their own personal gear.

If you (or anyone on whose behalf you are booking) are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip, you must advise us of this at the time of booking. If your health or fitness changes between the time of booking and the trip departure date, you must notify The Quiet Guiding Company of these changes in writing before the trip starts.

PHOTOGRAPHY & VIDEO

In the course of participation in a The Quiet Guiding Company trip, photos or video may be taken by participants or guides. These images may be used in any The Quiet Guiding Company materials, website, on social media (i.e. Instagram, Facebook, etc.,) unless Clients specifically request to the photographer or in writing to The Quiet Guiding Company, to not use any material your image is depicted in.  Otherwise, permission is granted to The Quiet Guiding Company to perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

DATA PROTECTION

To ensure that tours run smoothly, The Quiet Guiding Company needs to use personal information (such as name, address, special needs, health conditions, dietary requirements etc.) provided by Clients to The Quiet Guiding Company, and also pass on such information to guides or suppliers involved in the operation of the trip. The Quiet Guiding Company will apply appropriate security measures to protect such personal data and will only pass on data that is applicable to outfitters or suppliers responsible for the tour. By completing The Quiet Guiding Company registration form, Clients consent to this information being transferred as required.

LIABILITY

The Quiet Guiding Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of The Quiet Guiding Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which The Quiet Guiding Company and/or the relevant supplier could not even with all due care have foreseen or forestalled.

In the event that The Quiet Guiding Company is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then The Quiet Guiding Company limits its liability.

ACCEPTANCE OF RISK

By booking a trip, the Client agrees to The Quiet Guiding Company’s Waiver of Liability.

You acknowledge that adventure travel and the products and services offered by The Quiet Guiding Company may involve a significant amount of risk to your health and safety. By traveling with The Quiet Guiding Company you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and release The Quiet Guiding Company 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 and participating in adventurous activities such as those included in trip itineraries offered by The Quiet Guiding Company.

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.

You must at all times strictly comply with all applicable laws and regulations of all regions. Should you fail to comply with the above or commit any illegal act when on trip or, if in the opinion of The Quiet Guiding Company (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, The Quiet Guiding Company may terminate your travel arrangements on any product or service immediately at your expense and without any liability on The Quiet Guiding Company’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 Quiet Guiding Company or The Quiet Guiding Company’s suppliers for property damage, destruction, or theft caused by you while on a trip. You agree to immediately report any pre-existing damage to a representative of The Quiet Guiding Company as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on trip including, but not limited to, the proper use of safety devices (including seat belts, harnesses, flotation devices, and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither The Quiet Guiding Company 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.

SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.

SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon The Quiet Guiding Company and the Client and their respective heirs, legal personal representatives, successors and assigns.

The Company, The Quiet Guiding Company, Inc., exists under and is pursuant to, the laws of the Province of Ontario, Canada.

APPLICABLE LAW

The Contract and these Terms and Conditions are subject to Ontario, and Canadian Law and the exclusive jurisdiction of the Ontario and Canadian Courts.

WAIVER OF BOOKING CONDITIONS

These Booking Terms and Conditions may only be waived or amended by written mutual consent. When a Client completes and submits the Booking Form, they agree to accept all these conditions, and when the booking is accepted, The Quiet Guiding Company agrees to carry out the obligations as defined therein.

UPDATING OF TERMS AND CONDITIONS

The Quiet Guiding Company reserves the right to update and/or alter these terms and conditions at any time, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on the The Quiet Guiding Company’s website.

Copyright 2023 The Quiet Guiding Company, Inc.