General Conditions
IMPORTANT. PLEASE UNDERSTAND THAT YOU ARE AGREEING TO ALL OF THESE TERMS WHEN YOU BOOK ANY KIND OF TRAVEL WITH US OR WHEN YOU BOOK OR GO ON TOURS AND EXCURSIONS.
Tour and excursion terms. Nexion Canada ULC utilizes third-party tour and excursion operators (“Operators”) for our tours and shore excursions (“Excursions.”) All Excursions are subject to cancellations or changes without prior notice. Operators reserve the right to deny participation to any guest based upon criteria they may establish. Nexion Canada ULC does not own, control or operate any kind of transportation company or service, or any Operator. These Operators are owned and operated independently of Nexion Canada ULC and there are no joint ventures or other co-sponsored or jointly operated activities between Nexion Canada ULC and any Operator.
Nexion Canada ULC does not assume responsibility or liability for any damages, injuries or lost baggage that may occur for any reason during or as a result of any Excursion. Nexion Canada ULC is not responsible for any negligent act, omission or failure to act on the part of the Operator and Nexion Canada ULC is not liable for any alleged negligence in selecting the Operator or offering its products. There are no representations or promises made by Nexion Canada ULC that in any way take precedence over these General Conditions.
Guest assumes 100% of the risk of participating in the Excursion and agrees that it will not bring any type of action against Nexion Canada ULC for any injury or damage that occurs in connection with the planning, selection or operation of any Excursion. To the full extent permitted by law, and in consideration of being allowed to participate in the Excursion, guest releases Nexion Canada ULC and its agents, representatives, employees, directors and officers, and waives any rights it may have against said parties for damages or claims arising from or in any way connected with guest’s participation in the Excursion.
Excursions leave rain or shine unless otherwise notified by the Operator.
General terms. These terms apply to all travel booked or offered by Nexion Canada ULC and to all causes of action guest may have against Nexion Canada ULC. These terms and guest’s rights shall be governed and interpreted by the laws of, and any cause of action brought exclusively in the jurisdiction of, the country in which the cause of action arises; if in the United States, it shall exclusively be the federal and provincial courts in Ontario. Guest hereby agrees to waive any right it may have to a jury trial and further agrees that to the extent any damages are recoverable against Nexion Canada ULC, those damages are limited in amount to the amount paid by the guest to Nexion Canada ULC for the cruise and the Excursions. These terms apply to guest, to anyone to whom guest assigns a booking and to any minors or others over whom guest has authority to contract. By booking travel for a minor, guest is representing that it has the authority to bind the minor and guest will defend and indemnify Nexion Canada ULC for any damages recoverable by the minor.