Legal and Policies

We know that policies, terms and conditions aren’t exactly the most excited part of a trip (or a website!), but they’re important. Have a read below and let us know if you have any questions.

These policies and terms were last updated on May 11, 2021.

Thanks for purchasing an Away We Go Trips package.

Once you’ve purchased a trip package from us, we consider the purchase to be final sale: the PDF version of the trip can be used at anytime, and is considered a non-returnable item.

That being said, we stand by our product. If you are not satisfied with your purchase because of a quality issue, please contact us. We will work with you to discuss your concerns and find a solution that works for everyone. You can email us at hello@awaywegotrips.ca.

Away We Go Trips (”Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes how we collect, use, disclose, and protect the personal information of our customers and website users (”you”), describes the types of information we may collect from you or that you may provide when you visit the website https://www.awaywegotrips.ca (our “Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. 

This policy applies to information we collect, use, or disclose about our customers and Website users:

• On this Website.

• In email, text, and other electronic messages between you and this Website.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time. Your continued use of this Website after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates.

Information we Collect About You

We collect and use several types of information from and about you, including:

• Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, email address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information, and any other identifier we may use to contact you online or offline (”personal information”).

• We provide an opportunity for any user to opt-out of contact for marketing purposes on an ongoing basis by using the unsubscribe mechanism at the bottom of our emails.

• Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of customers accessing a specific Website feature or purchasing a specific trip package.

• Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.

• Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

How we Collect Information About You

We use different methods to collect your information, including through:

• Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us by phone, email, or otherwise.

• User contributions. You may also provide information for us to publish or display on public Website areas or transmit to other Website users or third parties.

• Automated technologies or interactions, as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

Information You Provide to Us

The information we collect directly from you on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, purchasing our trip packages or requesting further services. We may also ask you for information when you purchase a custom package or when you report a problem with our Website.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Your responses to surveys that we might ask you to complete for research purposes.

• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

Information We Collect Through Cookies and Other Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical information and may include personal information, and we may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Website according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies.  

• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.

• To provide you with information, products, or services that you request from us.

• To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.

• To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.

• To notify you about changes to our Website or any products or services we offer or provide though it.

• To improve our Website, products or services, marketing, or customer relationships and experiences.

• To allow you to participate in interactive features, social media, or similar features on our Website.

• To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you, as permitted by law. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, use the unsubscribe mechanism at the bottom of our emails or connect with us at hello@awaywegotrips.ca .

Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.

• In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Away We Go Trips’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Away We Go Trips about our customers and users is among the assets transferred.

• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.

• To enforce or apply our terms of service http://www.awaywegotrips.ca/terms and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Away We Go Trips, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Transferring Your Personal Information

We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly. For more information about tracking technologies, see Information We Collect Through Cookies and Other Automatic Data Collection Technologies.

• Promotional Offers from the Company. If you have opted in to receive certain emails from us but no longer wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to hello@awaywegotrips.ca. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email. 

• We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

Data Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. 

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@awaywegotrips.ca.

Accessing and Correcting Your Personal Information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you are concerned about our response or would like to correct the information provided, you may contact us at hello@awaywegotrips.ca.

Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at hello@awaywegotrips.ca. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

Changes to our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account. We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information and Challenging Compliance

If you have questions, comments, or requests regarding this privacy policy and our privacy practices, please contact us at: hello@awaywegotrips.ca 

This Terms of Service Agreement (this “Agreement”) is a binding contract between you (”Customer”, “you”, or “your”) and Away We Go Trips. (”Away We Go Trips”, “we”, or “us”). This Agreement governs your access to and use of our Services.

BY CLICKING THE “I ACCEPT” BUTTON OR BY PURCHASING ANY TRIP PACKAGE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CLICK THE “I ACCEPT” BUTTON AND DO NOT COMPLETE ANY PURCHASE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES OR TRIP PACKAGES.

1.  Definitions

(a) ”Customer” has the meaning set out above, and includes your employees, consultants, contractors, and agents and those for whom the Services and Trip Packages have been purchased and all of your guests.

(b) ”Services” means the services provided by Away We Go Trips under this Agreement that are detailed on Away We Go Trips’ website available at https://www.awaywegotrips.ca 

(c) ”Documentation” means Away We Go Trips’ handbooks, and guides relating to the Services provided by Away We Go Trips to the Customer either electronically or in hard copy form, and includes the Trip Packages.

(d) ”Away We Go Trips IP” means the Services and the Documentation and all intellectual property provided to the Customer in connection with the foregoing. 

(e) ”Third-Party Products” means any products, content, services, information, websites, facilities, events, locations, parks, walks, buildings, tours, entertainment, foods, beverages, food stuffs, food services, merchandise, reservations, or any other goods and services whatsoever that are offered or sold to you by a third party, including without limitation any and all suggestions or recommendations provided for or included in the Services or itemized in the Documentation.

(f) “Trip Packages” means the trip itineraries, recommendations, and suggestions and all assorted and related documentation, descriptions, maps, images, and any other documents that we provide to you as a part of the Services. 

2.  Access and Use

(a) Provision of Access. Subject to and conditioned on your payment of Fees and compliance with all other terms and conditions of this Agreement, Away We Go Trips hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services and the Documentation solely for your personal use in accordance with the terms and conditions of this Agreement.

(b) Documentation Licence. Subject to the terms and conditions contained in this Agreement, Away We Go Trips hereby grants you a non-exclusive, non-sublicensable, non-transferable license to use the Documentation solely for your personal use.

(c) Use Restrictions. You shall not use the Services or Documentation for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit anyone to: (i) copy, modify, or create derivative works of the Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Documentation except as expressly permitted under this Agreement; (iii) remove any proprietary notices from the Services or Documentation; or (iv) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule.

(d) Reservation of Rights. Away We Go Trips reserves all rights not expressly granted to the Customer in this Agreement. Except for the limited rights and licences expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Away We Go Trips IP.

3.  Fees and Payment

In exchange for the Services, you will pay us the fees as set out at the time of purchase (the ”Fees”). All Fees are payable in Canadian dollars at the time of purchase.

4.  Privacy Policy

Away We Go Trips complies with its privacy policy available at [https://www.awaywegotrips.ca/privacy-policy] (”Privacy Policy”), in providing the Services. The Privacy Policy is subject to change as described in the Privacy Policy. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

5.  Intellectual Property Ownership; Feedback

As between you and us, we own all right, title, and interest, including all intellectual property rights, in and to the Services and the Documents. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (”Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

6.   Warranty Disclaimer

The services are provided “as is” and Away We Go Trips specifically disclaims all warranties and conditions, whether express, implied, statutory, or otherwise. Away We Go Trips specifically disclaims all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. Away We Go Trips makes no warranty of any kind that the services, or any products or results of the use thereof, or any Third-Party Products will meet your or any other person’s or entity’s requirements, operate without interruption, achieve any intended result, be compatible or work with any of your or any third party’s software, system, or other services, or be secure, accurate, complete, or error-free, or that any errors or defects can or will be corrected. 

7.   Customer Responsibilities

(A) Travel and Risk. You acknowledge and agree that travel of any kind involves inherent risk and by participating in the Trip Packages and using the Services you accept those risks voluntarily. You are responsible for your own travel to and from all destinations and agree to obey all traffic and other laws from all governmental authorities. You acknowledge and agree that all destinations are owned and operated by third parties not affiliated with us, and you agree that your use of our suggestions, destinations and itinerary is at your own risk. 

(B) Weather and Conditions. Conditions and weather may vary day to day, season to season and between the start of any excursion and its conclusion. Such changes may affect the risk, safety and availability of travel, destinations and excursions. You accept full responsibility for determining if conditions are safe for travel, whether or not Third Party Products and services are safe or adequate for your use, and whether or not destinations, excursions and other suggestions are safe or adequate for your use.

(C) Third-Party Products. The Services may relate to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you by the third party provider in accordance with such provider’s usual method of business. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not access, or use such Third-Party Products. You agree and accept that Away We Go Trips bears no responsibility for the development of or for the results flowing from the use, application and implementation by you of Third-Party Products.

(D) Acceptable Use Policy. You acknowledge and agree that all destinations, excursions and suggestions listed in the Trip Package are operated by third parties and not affiliated with us, and you agree to treat all of the third party owners and operators with respect and to obey any rules and regulations that such third party owners and operators may put in place with respect to the Third Party Products, including without limitation, any rules and regulations pertaining to safety. 

(E) COVID-19 Risk. Further to the above, COVID-19 is a communicable disease that is present in Canada and is a risk to travel in Canada. By using the Services, you acknowledge and accept this risk. It is your responsibility to follow all local guidelines and regulations made by any governmental body, including, without limitation, any local health officers or health guidelines relating to COVID-19, and it is your responsibility to determine if it is safe for you to travel in spite of these risks.

8.  Indemnification

Customer shall indemnify, hold harmless, and, at Away We Go Trips’ option, defend Away We Go Trips and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all Losses arising from or relating to any third-party claim based on Customer’s negligence or wilful misconduct; provided that Customer may not settle any third-party Claim against Away We Go Trips unless Away We Go Trips consents to such settlement, and further provided that Away We Go Trips will have the right, at its option, to defend itself against any such third-party claim or to participate in the defence thereof by counsel of its own choice. You acknowledge that the extent of this indemnity extends to any person who you are responsible for at law, including any person who you invite to use the Services with you.

9.  Limitations of Liability

In no event will Away We Go Trips be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any: (a) consequential, incidental, indirect, exemplary, special, aggravated, or punitive damages; (b) increased costs, diminution in value or lost business, production, revenues, or profits; (c) loss of goodwill or reputation; or (d) cost of replacement goods or services, in each case regardless of whether Away We Go Trips was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. In no event will Away We Go Trips’ aggregate liability arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise exceed the total amounts paid to Away We Go Trips under this agreement in the twelve (12) month period preceding the event giving rise to the claim or $200, whichever is less.

10. Survival

This Section 10, Section 8, Section 9 and any right, obligation, or required performance of the parties in this Agreement which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement indefinitely.

11.  Modifications 

You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective upon our posting of the modified Agreement on our website. Trip information is valid for a period of two weeks beyond the date of purchase. You will be notified of modifications through direct communication, posts on www.awaywegotrips.ca and/or posts on Away We Go Trips’ social media feeds. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. 

12.  Governing Law

This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether founded in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.

13.  Choice of Forum

Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement, including all statements of work, exhibits, schedules, attachments, and appendices attached to this Agreement, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

14.  Miscellaneous

This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our corporate headquarters address available at www.awaywegotrips.ca and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us at the contact email that you provided to us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.

ASSUMPTION OF RISK

(A) I have voluntarily applied to participate in and I am voluntarily participating in the Services including participation in all Third-Party Products. I am aware of the risks, dangers, and hazards associated with such participation, and I freely accept and fully assume all such risks, dangers, and hazards and the possibility of personal injury, death, property damage, and loss resulting therefrom. The risks, dangers, and hazards include but are not limited to: dangers and risks inherent in Third-Party Products; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; changing weather conditions; falling trees, limbs and ice; falling from platforms, cables and bridges; shock, stress, or other injury to the body; encounters with wildlife; equipment malfunctions; collisions with trees, vans, snow cats; snowmobiles and other vehicles, equipment or structures; collision with other participants or guides; the failure to remain within designated areas; becoming lost or separated from guides or other participants; the hazards of traveling in remote, unsafe or or under unsafe conditions; the dangers of the forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; sanitation deficiencies; illness; disease or virus, both known and unknown, such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; quarantine; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insects or pests; unexpected events; terrorist activities, social or labor unrest or strike; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; negligence or intentional actions by other participants including traveling while sick with or without symptoms or any actions, omissions, or conditions outside of Away We Go Trips’ control not mentioned in this agreement, as well as negligence on the part of Away We Go Trips, including the failure on the part of Away We Go Trips to safeguard or protect me from the risks, dangers and hazards which may be inherent in the delivery of the Services.

(B) I assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations.

(C) I understand that the World Health Organization has declared the novel coronavirus, also known as COVID-19 (“the novel coronavirus”) a pandemic. I understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. I also understand that someone, e.g., another participant, a tour leader or guide, or other third party could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Away We Go Trips  cannot guarantee that I or any minor in my custody or care will not become infected with the novel coronavirus. Further, I understand that participating in activities suggested by Away We Go Trips  may expose or infect me or any minor in my custody or case. I understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in my trip, and I assume those risks.

As lawful consideration of, and as part of the payment for, the right to use the Services, and as part of the payment for the services arranged for me by Away We Go Trips,

(A) I hereby expressly agree to be responsible for my own welfare and assume all of the above risks, including both those known and unknown to me.

(B) I hereby release, discharge and hold harmless forever Away We Go Trips, its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Away We Go Trips from my use of the Services. 

(C) I agree not to make any claim or take any proceeding in connection with any of the claims released by virtue of the preceding paragraph hereof against any other person or corporation who might claim contribution or indemnity from Away We Go Trips by virtue of the said claim or proceeding.

BY CLICKING THE “I ACCEPT” BUTTON OR BY PURCHASING ANY TRIP PACKAGE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CLICK THE “I ACCEPT” BUTTON AND DO NOT COMPLETE ANY PURCHASE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES OR TRIP PACKAGES.