SCHEDULED TOUR TERMS & CONDITIONS OF AGREEMENT

By booking or participating on a Tour, You acknowledge that You have read, understand, and agree to be bound by these Terms and Conditions. By booking or participating in a tour, these Terms and Conditions (“Terms and Conditions”) are entered into by You (“You”, “Your”) and Cobblestone Freeway Tours Ltd. (“Cobblestone”, “Company”, ‘Us”, “We”, or “Our”). The following Terms and Conditions, together with any further documents Cobblestone sends You in relation to Your Tour with Cobblestone, shall be governed by these Terms and Conditions. Any exceptions and/or Special Conditions that deviate from these Terms and Conditions shall be expressly detailed via the Special Conditions section below and/or a separate document delivered at or before the time of booking (and in all circumstances prior to Your payment of non-refundable expenses). For reference, Custom Tours will likely vary in Special Conditions from the standard form found on the Cobblestone website. By booking or participating on a Tour, You acknowledge that You have read, understand, and agree to be bound by these Terms and Conditions.

1. SPECIAL CONDITIONS

In all cases, where Special Conditions are explicitly outlined in your Confirmation Invoice and/or Itinerary, they shall supersede these Terms and Conditions. They shall be explicitly marked by saying “SPECIAL CONDITION”.

2. THE BOOKING CONTRACT

Your booking is confirmed, and a contract exists when Cobblestone or Your travel agent issues a Confirmation Invoice after receipt of the Booking Deposit. Please check Your Confirmation Invoice carefully and report any incorrect or incomplete information to Cobblestone or authorized agent within seven (7) days of Cobblestone’s Confirmation Invoice submission to You. Please ensure that names are exactly as stated in the relevant passport. Please refer to Your booking Confirmation Invoice for details regarding final payments, including how to make the payment. Payment of the balance of the Total Tour Price is due at least ninety (90) days prior to the Tour Start Date. If this balance is not paid on or before the Confirmation Invoice’s applicable payment due dates, We reserve the right to treat Your booking as cancelled. Any cancellation charges outlined in the Cancellation Policy will apply. You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Cobblestone or its affiliates.

3. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants (together with You and the other participants you are booking on behalf of, “Your Party”), You are deemed to be the designated contact person for every participant included on that booking, unless otherwise approved, in writing by Cobblestone. Accordingly, You are responsible for making all payments due in connection with the Tour booking, notifying Cobblestone or Your travel agent if any changes or cancellations are required and keeping 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 any information provided on behalf of Yourself or another participant. Cobblestone relies on the information provided and Cobblestone shall not be liable for any errors or omissions in the information provided to complete a booking.

4. REQUIRED DETAILS

To complete Your booking, You must provide all requested details at least SIXTY (60) days prior to Your Tour Start Date. Should You fail to provide these details (as outlined below) in an accurate manner to Cobblestone, Cobblestone reserves the right to cancel Your Tour booking up to the date of arrival on Your Tour. Traveller form details vary by Tour; they include but are not limited to:

• Full name as it appears on Your passport;
• Date of birth;
• Nationality;
• Passport number;
• Passport expiry date;
• Visa and/or permit information (if applicable);
• Existing medical conditions.

It is the responsibility of the traveller(s) to provide any relevant medical information. If You have any pre-existing medical conditions which may impact Your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on Your Tour, the traveller must provide a fully executed approval letter by a licensed and practicing physician advising that it is safe for You to travel on the Tour as soon as is reasonably possible, but in any event, at least NINETY (90) days prior to Your Tour Start Date.

You agree to disclose all relevant medical information accurately and fully. Cobblestone will maintain the information in accordance with the Privacy Policy.

Cobblestone reserves the right to request further information or professional medical opinions where necessary, as determined at the direction of legal counsel, for Your safety or the safe operation of a Tour. Cobblestone reserves the right to deny You permission to travel or participate in any aspect of a Tour at any time and at Your own risk and expense where a Cobblestone representative determines that Your physical or mental condition renders You unfit for travel or You represent a danger to Yourself or others.

If You or someone in Your Party is pregnant or expecting to be pregnant at the time the Tour is taking place, We require reasonable notice as pregnancy is a medical condition that must be considered at the time the Tour is being planned. If it is deemed safe, Cobblestone shall make every effort to accommodate a pregnancy. Cobblestone may, at the direction of legal counsel, at the direction of a medical professional who treats the women, keeping in consideration restrictions in place with various travel providers and airlines, refuse portions or entire Tour(s) to a woman who is more than 24 weeks pregnant. Cobblestone may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

Should You or someone in Your party choose to withhold relevant medical information from Cobblestone within a reasonable time period for any reason, Cobblestone reserves the right to cancel Your booking and all applicable cancellation fees will apply.

Tour(s) can be physically demanding, and passengers must ensure that they are suitably fit to allow full participation. On occasion, a Tour can exceed 20,000 steps a day. Many Tour locations have stairs, and it is the traveller’s responsibility to meet the physical requirements. Prior to booking, the traveller is responsible for assessing whether a Tour is suitable for them. Each traveller is urged to consult their medical professional to confirm their fitness for travel and participation in any planned activities. Cobblestone strongly urges each traveller to seek medical advice on relevant vaccinations and medical precautions suitable for their selected Tour. Cobblestone does not provide medical advice.

We take this opportunity to advise You that a Tour 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 Tour varies and Cobblestone makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

5. SPECIAL REQUIREMENTS

All special requirements must be disclosed to Cobblestone at the time of booking. Cobblestone shall make 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 custom pre-planned Tour. Certain activities may be inaccessible to a traveller with mobility issues. All food allergies and dietary restrictions must be disclosed to Cobblestone at the time of booking. Cobblestone shall make reasonable efforts to accommodate dietary restrictions but cannot guarantee that dietary needs or restrictions can be accommodated. All special requests must be pre-approved, in writing a minimum of SIXTY (60) days prior to travel. Cobblestone shall not be held liable for any failure to accommodate or fulfill any special requests.

6. AGE REQUIREMENTS

To participate in a Tour, all travellers must be at least age twelve (12) on the first day of the Tour. Any travellers under the age of 18 are considered minors and shall, at all times, be accompanied by a legal guardian, or in lieu of a legal guardian, by a custodian over the age of 18 appointed by their legal guardian, in writing. All bookings with a minor are subject to review and approval by Cobblestone. 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. Cobblestone will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals for these purposes.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Cobblestone does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s) at any given time.

7. MANDATORY INSURANCE REQUIREMENTS

Travel and health insurance coverage is mandatory for all Cobblestone travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses, and emergency repatriation with a recommended minimum coverage of 200,000 US Dollars for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide Your travel insurance policy number and the insurance company’s 24-hour emergency contact number thirty (30) days prior to the first date of Your Tour; You will not be able to join the Tour without these details. If You have travel insurance connected to Your credit card or bank account please ensure You have provided details of the participating insurer, the insurance policy number and emergency contact number to Cobblestone rather than the bank’s name and credit card details. You should also carry the contact and policy information for Your insurance while on the Tour in the event of emergency. It is Your duty to ensure that medical care provided to You is covered by Your insurance including pre-approvals if necessary in the case of emergency.

If You do not provide insurance details to Cobblestone thirty (30) days prior to the first day of Your Tour, Cobblestone has the right (but not the obligation) to cancel Your participation in the Tour with cancellation penalties as outlined in the Cancellation by Participant section.

8. PRICES, SURCHARGES, AND TAXES

Pricing Inclusions The Total Tour Price includes: all accommodations as listed in Your Tour Itinerary; all transport listed in Your Tour Itinerary; cultural event, sightseeing and meals as listed in Your Tour Itinerary; and the services of a Tour Leader as described in Your Tour Itinerary.

Pricing Exclusions The Total Tour Price does not include: international or internal flights unless specified; airline taxes and airline excess baggage changes; meals other than those specified in the Tour Itinerary; visa and passport fees; travel insurance; Optional Extras; and all personal activities and expenses including those as recommended and/or facilitated by Cobblestone.

Other Pricing Details Cobblestone may, at its discretion, offer reduced pricing on certain products or services. Reduced pricing only applies to new bookings. Your existing reservation shall not be eligible for discounts. For clarity, reservations where a Booking Deposit has been received shall not be entitled to reduced pricing. The most up-to-date pricing is available on our website (https://www.cobblestonefreeway.ca/).

Cobblestone’s Tour prices are expressed in US Dollars. You can pay in US Dollars, or potentially such other currency as You so choose. You will need to identify the currency that You would like to pay Cobblestone in advance of Your payment, and the foreign exchange conversion rate from Your payment currency to US Dollars will be quoted prior to Your payment and will be valid for a time-period as identified in the quote. This conversion rate will vary from the posted market rate. In any event, Cobblestone will not be obligated to quote exchange rates more than seven (7) days in advance, nor will Cobblestone be obligated to quote an exchange rate and/or accept foreign currency at all.

We reserve the right to impose surcharges up to SIXTY (60) days before Your Tour Start Date due to major unfavourable changes in exchange rates, local inflation, increased transportation costs, increases in local operator costs, taxes, or if government action should require Us to do so. In such instances, Cobblestone will be responsible for any amount up to Five (5%) Percent of the Total Tour Price and the traveller shall be responsible for the balance. If any surcharge results in an increase of more than Ten (10%) Percent of the Total Tour Price to the traveller (i.e. a total increase of over fifteen (15%) percent), the traveller may cancel the booking within 14 days of notification of the surcharge and obtain a full refund (as a credit for future travel with Cobblestone or refund in the same manner as original payment).

Cobblestone shall not, under reasonable circumstances, increase the Total Tour Price after it has been paid for in full.

It should be noted that, because Cobblestone charges in US Dollars unless otherwise offered, when paying via credit card, Your credit card and/or financial institution will charge You a foreign exchange conversion rate that may be higher than the posted market rate. Cobblestone is not responsible for any charges levied by third parties or financial institutions and payable by the traveller 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 Cobblestone or any of its agents, even in the event of a refund. Furthermore, should charges be applied to You by Your financial institution on payment, they will likely charge You on refund as well, and a full refund may result in a net cost to You even if the full amount is refunded. To reduce this expense, You may pay in US Dollars rather than Your local currency.

9. BOOKING DEPOSITS

A non-refundable Booking Deposit of five hundred US Dollars ($500USD) per traveller is due at the time of booking a Tour reservation. If the Total Tour Price per traveller is lower than five hundred US Dollars ($500USD), then the Booking Deposit is the Total Tour Price per traveller. By way of example, if the Total Tour Price is $300USD, the Booking Deposit shall be $300USD. If the Total Tour Price is $2,000USD, the Booking Deposit shall be $500USD. However, if Your reservation is made less than SIXTY (60) days prior to Your Tour Start Date, full payment of the Total Tour Price is due at the time of booking.

10. ETERNAL DEPOSITS

If you cancel your booking for any reason and you are not in arrears for any scheduled payment to Cobblestone and you are not in breach of any of the Terms & Conditions, you will be issued an Eternal Deposit for the Booking deposit amount you paid. An Eternal Deposit never expires, has no cash value and can only be applied to a future tour. An Eternal Deposit can be transferred by You to another person of your choosing by providing notice to Cobblestone Freeway Tours in writing. Only one Eternal Deposit can be applied per person per tour booked. No refunds can be issued for Eternal Deposits.

11. AIRFARE

Your arrival and departure flights are not included in Our Tour packages. Cobblestone Freeway Tours Ltd. recommends You utilize the services of a licensed professional travel agency for Your arrival/departure flight bookings outside of the Tour.

Because of the potential unconfirmed nature of Cobblestone’s Tours, You are recommended to wait to purchase any non-refundable flight bookings until Cobblestone identifies Your Tour as a Guaranteed Departure status. (See 16.) Even in such Guaranteed Departure status, there are circumstances where Your Tour could still be cancelled, and as a result, Cobblestone recommends that You maintain change/cancellation insurance on Your flight in the event of such a circumstance.

12. SINGLE SUPPLEMENT

Tour prices are based on double occupancy rooms. Room share is offered to travellers travelling solo on a Tour. Solo travellers will be matched with someone of the same gender to room with for the duration of the trip. If we are unable to match a solo traveller with another traveller for a room share, the traveller will not be required to pay the Single Supplement.

If at any point a solo traveller would like to forgo the room share during the trip, they will be required to pay the Single Supplement in full. Their room share partner will not be required to pay the Single Supplement. Subject to availability.

A Single Supplement can be requested at the time of booking to ensure a single room for the duration of the trip. Single Supplement availability is dependent on departure.

13. FINAL PAYMENT & ACCEPTANCE OF BOOKING

At the time of booking, please ensure Your Party’s email address(es) is entered correctly as You will receive a confirmation email from Cobblestone which will contain important information about Your Tour. Each individual in Your Party may be directly contacted to confirm information through forms. This information may include any remaining balances due on Your account, details regarding Your booking, and any relevant deadlines in relation to Your Tour and managing Your booking. It is the responsibility of the party booking the reservation to ensure they have a complete understanding of what is contained in the email confirmation.

Full payment of any balances on any Tour(s) are due at least SIXTY (60) days prior to Tour Start Date. If full payment is not received by the applicable due date, Cobblestone may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the Booking Deposit paid on booking as a cancellation fee. If a booking is made less than SIXTY (60) days before the Tour Start Date, then the full amount must be paid at the time of booking.

Cobblestone 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 Cobblestone or any of its agents.

14. BOOKING CHANGES

Changes made by Cobblestone: Itinerary changes may be necessary (before and after the Tour Start Date) due to unforeseen circumstances, operational concerns, or concerns for the health, safety, enjoyment, or comfort of Our travellers. By booking a Tour with Cobblestone You are authorizing Cobblestone and its agents to make any reasonable changes deemed necessary by Cobblestone or its agent.

Changes made by the traveller: All travellers are responsible for ensuring that information provided to Cobblestone is accurate and up-to-date. Acting reasonably, any extra costs incurred for making unforeseen changes to a pre-existing booking shall be charged to the traveller. This includes any reasonable administrative fees that may be incurred due to the change. Cancellation of any Tour, 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 TEN (10) days of Your Tour Start Date.

15. CANCELLATION BY YOU

You may cancel Your Tour booking under the following conditions. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received in writing by Cobblestone for the product or service (excluding any insurance products and Optional Extras, Add Ons, which are wholly non-refundable).

(a) Cancellation received 60 or more days before Your Tour Start Date: no cancellation fee. Your Eternal Deposit will be held and applied toward future tour according to our Eternal Deposit program. The remainder of any payments made to Cobblestone in respect of the cancelled product will be refunded to the original payment method (within 90 days of receipt of cancellation notice).

(b) Cancellation received 59-30 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program, and a Fifty (50%) Percent of the Total Tour Price, less the Eternal Deposit amount, will be refunded. The balance will be retained by Cobblestone as a cancellation fee.

(c) Cancellation less than 29 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program and no refund will be issued. The total amount of the Total Tour Price, less the Eternal Deposit amount, will be retained by Cobblestone as a cancellation fee.

Note: Different cancellation conditions may apply to Bespoke, Custom, Add-ons, Basic Services and One Year in Ukraine trips as set out in the terms on your Detailed Itinerary relating to your trip. Add-Ons and Basic Services are non-refundable. Cobblestone will advise if differences apply.

16. CANCELLATION BY COBBLESTONE

Our Tours are deemed to have Guaranteed Departure status once they have met the minimum group size. Once this status is provided to You, unless there is Force Majeure or other reason provided by Cobblestone, the Tour shall be going ahead.

In the event that Your Tour is cancelled by Cobblestone at any time:

(a) You will have the option of accepting a new tour of equal value; or

(b) You may accept 100% credit of monies paid for your trip (including your Eternal Deposit and non-refundable Optional Extras, subject to the limitations below) will be issued in the form of travel credit; or

(c) You may accept 100% of monies paid for your trip (including your Eternal Deposit and non-refundable Optional Extras, subject to the limitations below) which will be refunded to the original payment method within 90 days of Cobblestone issuing cancellation notice.

Cobblestone Travel Credits:

• Have no expiration date
• Can be applied to any future Cobblestone tour (any type of tour, any destination)
• Applies to land-only tour cost
• Are transferable to another person
• Are not redeemable for cash
• Exclude flights, insurance, and other items as identified by Cobblestone as they will have their own cancellation terms

In such circumstances there will be no claim for damages by either party against the other and We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, earnings, travel insurance excess, or non-refundable flights.

17. TRAVEL DOCUMENTS

The traveller is responsible to always keep all personal and relevant documents safely in its possession during the Tour. 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 as set out on Your itinerary. Each traveller accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and remains solely responsible for the full amount of costs incurred as a result of missing or defective documentation. Each traveller understands and agrees that they are responsible for the full amount of any loss or expense incurred by Cobblestone as a direct result of a traveller’s failure to secure or be in possession of proper travel documentation. Cobblestone does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on passports, visas, vaccinations, climate, clothing, baggage, special equipment, or otherwise. You are responsible for this information’s accuracy, and for clarity, Cobblestone is not responsible for any errors or omissions in the Travel Document information You provide to Us.

18. FLEXIBILITY & UNUSED SERVICES

You acknowledge and understand that the nature of leisure travel requires flexibility. At times, due to weather constraints, changes in safety, or other acts of God, may require Your Tour(s) to be changed or cancelled. You accept and permit that reasonable alterations to products, services, or Itineraries may occur due to no fault of Cobblestone. Accordingly, the route, schedules, accommodations, activities, amenities, and mode(s) of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Cobblestone (including but not limited to Force Majeure, illness, pandemics, 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 on Your Tour due to no fault of Cobblestone, including Your removal from a Tour because of Your negligence or breach of these Terms and Conditions.

19. ACCEPTANCE OF RISK

Each traveller understands and acknowledges that despite best efforts on behalf of Cobblestone and its affiliates, some products and services offered in the Tour may involve some amount of risk. By traveling with Cobblestone, each traveller acknowledges that they understand the components of their Tour and have considered any potential risks to their health and safety. By proceeding to book a Tour each traveller hereby assumes responsibility for all such risks and releases Cobblestone or its affiliates from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including international travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by Cobblestone or its affiliates.

Each traveller acknowledges 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 Tours take place are often lower than the standards a traveller may reasonably expect in their home country or region. Each traveller understands and agrees that Cobblestone 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 a Tour, product or service is operated. By booking a Tour with Cobblestone, You acknowledge that You have considered the potential risks, dangers, and challenges along with Your own personal capabilities and needs, and expressly assume the risks associated with travel under such conditions.

Cobblestone uses information from government foreign departments, their affiliates, and reports from Cobblestone’s own contacts in assessing whether the itinerary should operate. However, it is also the responsibility of each traveller to understand all relevant travel information, including applicable health risks and the nature of their Tour itinerary. By booking a Tour, the traveller acknowledges that it is their decision to travel and has considered all factors and associated risks associated with such travel. To the fullest extent permitted by law, Cobblestone Freeway Tours Ltd. accepts no liability in relation to these risks.

Each traveller must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should a traveller fail to comply with the above or commit an illegal act when on Tour or, if in the opinion of Cobblestone (acting reasonably), a traveller’s behavior is causing or is likely to cause danger, distress, or material annoyance to others, Cobblestone or its affiliate may terminate Your travel arrangements on any product or service immediately at Your expense and without any liability on the part of Cobblestone. Should this occur, the traveller shall not be entitled to any refund for unused or missed services, or costs incurred as a result of termination of travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

Travellers are responsible for any costs (including repair, replacement, and cleaning fees) incurred by Cobblestone or its affiliates for property damage, destruction or theft caused by a traveller. You agree to take all prudent measures in relation to Your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obey all posted signs and oral or written warnings regarding health and safety. Neither Cobblestone nor its affiliates are liable for loss or damages caused by Your failure to comply with safety instructions or warnings. You are responsible for reporting to Your Tour Leader any unsafe behaviours immediately or as soon as is reasonably possible so that Cobblestone or its affiliate may attend to the complaint. You agree to inform a Cobblestone representative or Cobblestone’s customer service department directly. Cobblestone takes no liability for complaints that are not properly brought to their attention. Cobblestone cannot resolve or attempt to resolve complaints until proper notice is provided.

20. AUTHORITY ON TOUR

Our Tours are run by the Tour Leader. The decisions of the Tour Leader are final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the Tour. If You fail to comply with a decision made by a Tour Leader or interfere with the well-being or mobility of the group, the Tour Leader may direct You to leave the Tour immediately at Your own cost, with no right of refund. We may also elect not to carry You on any future Tours booked. You must at all times comply with the laws, customs, foreign-exchange and drug regulations of all countries visited. You agree to travel in accordance with Our Travel Etiquette Guidelines, which are enforced strictly by the Tour Leader.

21. LIABILITY

22) Cobblestone 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, pandemics, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Cobblestone for any such loss, damage, injury, or death.

23) In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Cobblestone or of the Third Party Suppliers of any services which form part of the booking contract then Cobblestone limits its liability, where applicable by all applicable international conventions.

24) Notwithstanding anything to the contrary elsewhere in these Terms and Conditions, Cobblestone shall 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.

25. OPTIONAL EXTRAS

You understand and agree that any assistance given by Cobblestone’s representative(s) in arranging, selecting, or booking any Optional Extras is purely at the traveller’s request and Cobblestone makes no warranties and expressly disclaims any liability whatsoever arising from its participation in Optional Extras or any information provided by any representative or affiliate of Cobblestone regarding any Optional Extras. Furthermore, these Optional Extras (if any are purchased either before or during the Tour) encompass part of the Tour, as defined previously, and Cobblestone’s liability for Optional Extra performance is described under the Liability Section above.

26. IMAGES AND MARKETING

You agree that while participating in any Tour, images, photos, or videos may be taken Cobblestone, its representatives, and/or by other participants. By taking part in this Tour, You grant Cobblestone full rights to use the images resulting from the photography/video filming by any of the participants involved (including fellow travellers, Cobblestone, or its representatives) and any reproductions or adaptations of those images for advertising, publicity, or other corporate purposes. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases, or otherwise. If You do not wish to be photographed please contact Cobblestone in writing.

27. PRIVACY POLICY

Cobblestone must collect Your personal information to deliver the Tour and any products or services booked. Cobblestone collects, uses, and discloses only the information reasonably required to provide the Tour, products, and/or services that You have requested as described in the Tour. Cobblestone may provide this information to its Third Party Suppliers as necessary to perform these duties. Cobblestone’s Privacy Policy is expressly incorporated into these Terms. You are responsible for reviewing this Privacy Policy and informing Yourself of any details of it.

28. SEVERABILITY

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.

29. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

30. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Alberta, Canada and are governed to the fullest extent allowable.

31. AMENDMENTS

Cobblestone reserves the right to update or amend these Terms and Conditions at any time, and will post the amended Terms and Conditions on our website. Any amendment will take effect 7 days after being posted to our website. Any time You would like a copy of these terms, they will be sent to you if you ask us in writing. You are deemed to have accepted any amendments to these Terms and Conditions on the date that is 7 days after their posting on Our website. Cobblestone recommends that You refer to the Terms and Conditions prior to travel to familiarize yourself with the most up-to-date version.

 

CUSTOM PRIVATE TOUR TERMS & CONDITIONS OF AGREEMENT

By booking or participating in a tour, these Terms and Conditions (“Terms and Conditions”) are entered into by You (“You”, “Your”) and Cobblestone Freeway Tours Ltd. (“Cobblestone”, “Company”, ‘Us”, “We”, or “Our”). The following Terms and Conditions, together with any further documents Cobblestone sends You in relation to Your Tour with Cobblestone, shall be governed by these Terms and Conditions. Any exceptions and/or Special Conditions that deviate from these Terms and Conditions shall be expressly detailed via the Special Conditions section below and/or a separate document delivered at or before the time of booking (and in all circumstances prior to Your payment of non-refundable expenses). For reference, Custom Tours will likely vary in Special Conditions from the standard form found on the Cobblestone website. By booking or participating on a Tour, You acknowledge that You have read, understand, and agree to be bound by these Terms and Conditions.

32. SPECIAL CONDITIONS

In all cases, where Special Conditions are explicitly outlined in your Confirmation Invoice and/or Itinerary, they shall supersede these Terms and Conditions. They shall be explicitly marked by saying “SPECIAL CONDITION”.

33. THE BOOKING CONTRACT

Your booking is confirmed, and a contract exists when Cobblestone or Your travel agent issues a Confirmation Invoice after receipt of the Booking Deposit. Please check Your Confirmation Invoice carefully and report any incorrect or incomplete information to Cobblestone or authorized agent within seven (7) days of Cobblestone’s Confirmation Invoice submission to You. Please ensure that names are exactly as stated in the relevant passport. Please refer to Your booking Confirmation Invoice for details regarding final payments, including how to make the payment. Payment of the balance of the Total Tour Price is due at least sixty (60) days prior to the Tour Start Date. If this balance is not paid on or before the Confirmation Invoice’s applicable payment due dates, We reserve the right to treat Your booking as cancelled. Any cancellation charges outlined in the Cancellation Policy will apply.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Cobblestone or its affiliates.

34. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants (together with You and the other participants you are booking on behalf of, “Your Party”), You are deemed to be the designated contact person for every participant included on that booking, unless otherwise approved, in writing by Cobblestone. Accordingly, You are responsible for making all payments due in connection with the Tour booking, notifying Cobblestone or Your travel agent if any changes or cancellations are required and keeping 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 any information provided on behalf of Yourself or another participant. Cobblestone relies on the information provided and Cobblestone shall not be liable for any errors or omissions in the information provided to complete a booking.

35. REQUIRED DETAILS

To complete Your booking, You must provide all requested details at least SIXTY (60) days prior to Your Tour Start Date. Should You fail to provide these details (as outlined below) in an accurate manner to Cobblestone, Cobblestone reserves the right to cancel Your Tour booking up to the date of arrival on Your Tour. Traveller form details vary by Tour; they include but are not limited to:

• Full name as it appears on Your passport;
• Date of birth;
• Nationality;
• Passport number;
• Passport expiry date;
• Visa and/or permit information (if applicable);
• Existing medical conditions.

It is the responsibility of the traveller(s) to provide any relevant medical information. If You have any pre-existing medical conditions which may impact Your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on Your Tour, the traveller must provide a fully executed approval letter by a licensed and practicing physician advising that it is safe for You to travel on the Tour as soon as is reasonably possible, but in any event, at least SIXTY (60) days prior to Your Tour Start Date.

You agree to disclose all relevant medical information accurately and fully. Cobblestone will maintain the information in accordance with the Privacy Policy.

Cobblestone reserves the right to request further information or professional medical opinions where necessary, as determined at the direction of legal counsel, for Your safety or the safe operation of a Tour. Cobblestone reserves the right to deny You permission to travel or participate in any aspect of a Tour at any time and at Your own risk and expense where a Cobblestone representative determines that Your physical or mental condition renders You unfit for travel or You represent a danger to Yourself or others.

If You or someone in Your Party is pregnant or expecting to be pregnant at the time the Tour is taking place, We require reasonable notice as pregnancy is a medical condition that must be considered at the time the Tour is being planned. If it is deemed safe, Cobblestone shall make every effort to accommodate a pregnancy. Cobblestone may, at the direction of legal counsel, at the direction of a medical professional who treats the women, keeping in consideration restrictions in place with various travel providers and airlines, refuse portions or entire Tour(s) to a woman who is more than 24 weeks pregnant. Cobblestone may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

Should You or someone in Your party choose to withhold relevant medical information from Cobblestone within a reasonable time period for any reason, Cobblestone reserves the right to cancel Your booking and all applicable cancellation fees will apply.

Prior to booking, the traveller is responsible for assessing whether a Tour is suitable for them. Each traveller is urged to consult their medical professional to confirm their fitness for travel and participation in any planned activities. Cobblestone strongly urges each traveller to seek medical advice on relevant vaccinations and medical precautions suitable for their selected Tour. Cobblestone does not provide medical advice. We take this opportunity to advise You that a Tour 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 Tour varies and Cobblestone makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

Note: Custom Tours have the potential to be designed to accommodate limited physical ability if and only if You notify Cobblestone at least 60 days prior to the start date of Your Custom Tour.

36. SPECIAL REQUIREMENTS

All special requirements must be disclosed to Cobblestone at the time of booking. Cobblestone shall make 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 custom pre-planned Tour. Certain activities may be inaccessible to a traveller with mobility issues.

All food allergies and dietary restrictions must be disclosed to Cobblestone at the time of booking. Cobblestone shall make reasonable efforts to accommodate dietary restrictions but cannot guarantee that dietary needs or restrictions can be accommodated. All special requests must be pre-approved, in writing a minimum of SIXTY (60) days prior to travel. Cobblestone shall not be held liable for any failure to accommodate or fulfill any special requests.

37. AGE REQUIREMENTS There are no age restrictions connected with Private Group Tours, however there may be certain activities that are age restricted.

Any travellers under the age of 18 are considered minors and shall, at all times, be accompanied by a legal guardian, or in lieu of a legal guardian, by a custodian over the age of 18 appointed by their legal guardian, in writing.

All bookings with a minor are subject to review and approval by Cobblestone. 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. Cobblestone will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals for these purposes.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Cobblestone does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s) at any given time.

38. MANDATORY INSURANCE REQUIREMENTS

Travel and health insurance coverage is mandatory for all Cobblestone travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses, and emergency repatriation with a recommended minimum coverage of 200,000 US Dollars for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide Your travel insurance policy number and the insurance company’s 24-hour emergency contact number thirty (30) days prior to the first date of Your Tour; You will not be able to join the Tour without these details. If You have travel insurance connected to Your credit card or bank account please ensure You have provided details of the participating insurer, the insurance policy number and emergency contact number to Cobblestone rather than the bank’s name and credit card details. You should also carry the contact and policy information for Your insurance while on the Tour in the event of emergency. It is Your duty to ensure that medical care provided to You is covered by Your insurance including pre-approvals if necessary in the case of emergency.

If You do not provide insurance details to Cobblestone thirty (30) days prior to the first day of Your Tour, Cobblestone has the right (but not the obligation) to cancel Your participation in the Tour with cancellation penalties as outlined in the Cancellation by Participant section.

39. PRICES, SURCHARGES, AND TAXES

Pricing Inclusions

The Total Tour Price includes: all accommodations as listed in Your Tour Itinerary; all transport listed in Your Tour Itinerary; cultural event, sightseeing and meals as listed in Your Tour Itinerary; and the services of a Tour Leader as described in Your Tour Itinerary.

Pricing Exclusions

The Total Tour Price does not include: international or internal flights unless specified; airline taxes and airline excess baggage changes; meals other than those specified in the Tour Itinerary; visa and passport fees; travel insurance; Optional Extras; and all personal activities and expenses including those as recommended and/or facilitated by Cobblestone.

Other Pricing Details

Cobblestone’s Tour prices are expressed in US Dollars. You can pay in US Dollars, or potentially such other currency as You so choose. You will need to identify the currency that You would like to pay Cobblestone in advance of Your payment, and the foreign exchange conversion rate from Your payment currency to US Dollars will be quoted prior to Your payment and will be valid for a time-period as identified in the quote. This conversion rate will vary from the posted market rate. In any event, Cobblestone will not be obligated to quote exchange rates more than seven (7) days in advance, nor will Cobblestone be obligated to quote an exchange rate and/or accept foreign currency at all.

We reserve the right to impose surcharges up to SIXTY (60) days before Your Tour Start Date due to major unfavourable changes in exchange rates, local inflation, increased transportation costs, increases in local operator costs, taxes, or if government action should require Us to do so. In such instances, Cobblestone will be responsible for any amount up to Five (5%) Percent of the Total Tour Price and the traveller shall be responsible for the balance. If any surcharge results in an increase of more than Ten (10%) Percent of the Total Tour Price to the traveller (i.e. a total increase of over fifteen (15%) percent), the traveller may cancel the booking within 14 days of notification of the surcharge and obtain a full refund (as a credit for future travel with Cobblestone or refund in the same manner as original payment).

Cobblestone shall not, under reasonable circumstances, increase the Total Tour Price after it has been paid for in full.

It should be noted that, because Cobblestone charges in US Dollars unless otherwise offered, when paying via credit card, Your credit card and/or financial institution will charge You a foreign exchange conversion rate that may be higher than the posted market rate. Cobblestone is not responsible for any charges levied by third parties or financial institutions and payable by the traveller 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 Cobblestone or any of its agents, even in the event of a refund. Furthermore, should charges be applied to You by Your financial institution on payment, they will likely charge You on refund as well, and a full refund may result in a net cost to You even if the full amount is refunded. To reduce this expense, You may pay in US Dollars rather than Your local currency.

40. Design Fees/Deposits

A $250 USD Design Deposit is required for Cobblestone Freeway Tours to begin planning a Private Custom Tour. After the Itinerary Draft has been approved by the client, the Design Deposit must be paid. After payment, pricing & availability checks overseas can proceed.

This Design Deposit will be applied to the final payment of the Private Custom Tour. The Design deposit is non-refundable if you choose not to proceed with the tour.

After the Design Deposit has been paid, Cobblestone Freeway Tours will do up to three (3) modifications /changes to the tour proposal at no additional charge. Subsequent changes will be charged at a rate of $25 USD. Each Custom Tour Proposal will have a ‘book before’ date. Travellers who place their Booking Deposit before this date will be guaranteed the availability and price. Booking Deposits received after this date will be subject to availability checks and a Tour Price increase.

One Booking Deposit per traveler is required. See 41. Booking Deposits.

41. BOOKING DEPOSITS

A non-refundable Booking Deposit of five hundred US Dollars ($500USD) per traveller is due at the time of booking a Tour reservation. If the Total Tour Price per traveller is lower than five hundred US Dollars ($500USD), then the Booking Deposit is the Total Tour Price per traveller.

By way of example, if the Total Tour Price is $300USD, the Booking Deposit shall be $300USD. If the Total Tour Price is $2,000USD, the Booking Deposit shall be $500USD.

However, if Your reservation is made less than SIXTY (60) days prior to Your Tour Start Date, full payment of the Total Tour Price is due at the time of booking.

42. ETERNAL DEPOSITS

If you cancel your booking for any reason and you are not in arrears for any scheduled payment to Cobblestone and you are not in breach of any of the Terms & Conditions, you will be issued an Eternal Deposit for the Booking deposit amount you paid. An Eternal Deposit never expires, has no cash value and can only be applied to a future tour. An Eternal Deposit can be transferred by You to another person of your choosing by providing notice to Cobblestone Freeway Tours in writing. Only one Eternal Deposit can be applied per person per tour booked. No refunds can be issued for Eternal Deposits.

43. AIRFARE

If Your arrival and departure flights are not included in Our Tour package (see your booking agreement), Cobblestone Freeway Tours Ltd. recommends You utilize the services of a licensed professional travel agency for Your arrival/departure flight bookings outside of the Tour. Because of the potential unconfirmed nature of Cobblestone’s Tours, You are recommended to wait to purchase any non-refundable flight bookings until Cobblestone identifies Your Tour as a Guaranteed Departure status (See 48.) Even in such Guaranteed Departure status, there are circumstances where Your Tour could still be cancelled, and as a result, Cobblestone recommends that You maintain change/cancellation insurance on Your flight in the event of such a circumstance.

44. SINGLE SUPPLEMENT

Tour prices are based on double occupancy rooms. Room share is offered to travellers travelling solo on a Tour. Solo travellers will be matched with someone of the same gender to room with for the duration of the trip. If we are unable to match a solo traveller with another traveller for a room share, the traveller will not be required to pay the Single Supplement.

If at any point a solo traveller would like to forgo the room share during the trip, they will be required to pay the Single Supplement in full. Their room share partner will not be required to pay the Single Supplement. Subject to availability.

A Single Supplement can be requested at the time of booking to ensure a single room for the duration of the trip. Single Supplement availability is dependent on departure.

45. FINAL PAYMENT & ACCEPTANCE OF BOOKING

At the time of booking, please ensure Your Party’s email address(es) is entered correctly as You will receive a confirmation email from Cobblestone which will contain important information about Your Tour. Each individual in Your Party may be directly contacted to confirm information through forms. This information may include any remaining balances due on Your account, details regarding Your booking, and any relevant deadlines in relation to Your Tour and managing Your booking. It is the responsibility of the party booking the reservation to ensure they have a complete understanding of what is contained in the email confirmation.

Full payment of any balances on any Tour(s) are due at least SIXTY (60) days prior to Tour Start Date. If full payment is not received by the applicable due date, Cobblestone may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the Booking Deposit paid on booking as a cancellation fee. If a booking is made less than SIXTY (60) days before the Tour Start Date, then the full amount must be paid at the time of booking.

Cobblestone 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 Cobblestone or any of its agents.

46. BOOKING CHANGES

Changes made by Cobblestone: Itinerary changes may be necessary (before and after the Tour Start Date) due to unforeseen circumstances, operational concerns, or concerns for the health, safety, enjoyment, or comfort of Our travellers. By booking a Tour with Cobblestone You are authorizing Cobblestone and its agents to make any reasonable changes deemed necessary by Cobblestone or its agent.

Changes made by the traveller: All travellers are responsible for ensuring that information provided to Cobblestone is accurate and up-to-date. Acting reasonably, any extra costs incurred for making unforeseen changes to a pre-existing booking shall be charged to the traveller. This includes any reasonable administrative fees that may be incurred due to the change. Cancellation of any Tour, 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 TEN (10) days of Your Tour Start Date.

47. CANCELLATION BY YOU

You may cancel Your Tour booking under the following conditions. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received in writing by Cobblestone for the product or service (excluding any insurance products and Optional Extras, Add Ons, which are wholly non-refundable).

(a) Custom Tour Design Deposit of $250 USD per tour is non-refundable if the Tour is not booked.

(b) Cancellation received 60 or more days before Your Tour Start Date: no cancellation fee. Your Eternal Deposit will be held and applied toward a future tour according to our Eternal Deposit program. If the Tour total is less than $500 USD per person, then the total custom tour cost will be held as an eternal deposit. The remainder of any payments made to Cobblestone in respect of the cancelled product will be refunded to the original payment method (within 90 days of receipt of cancellation notice).

(c) Cancellation received 59-30 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program, and a Fifty (50%) Percent of the Total Tour Price, less the Eternal Deposit amount, will be refunded. The balance will be retained by Cobblestone as a cancellation fee.

(d) Cancellation less than 29 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program and no refund will be issued. The total amount of the Total Tour Price, less the Eternal Deposit amount, will be retained by Cobblestone as a cancellation fee.

Note: Different cancellation conditions may apply to Bespoke, Custom, Add-ons, Basic Services and One Year in Ukraine trips as set out in the terms on your Detailed Itinerary relating to your trip. Add-Ons and Basic Services are non-refundable. Cobblestone will advise if differences apply.

48. CANCELLATION BY COBBLESTONE

Our Tours are deemed to have Guaranteed Departure status once they have met the minimum group size. Once this status is provided to You, unless there is Force Majeure or other reason provided by Cobblestone, the Tour shall be going ahead.

In the event that Your Tour is cancelled by Cobblestone at any time:

(a) You will have the option of accepting a new tour of equal value; or

(b) You may accept 100% credit of monies paid for your trip (including your Eternal Deposit and non-refundable Optional Extras, subject to the limitations below) will be issued in the form of travel credit; or

(c) You may accept 100% of monies paid for your trip (including your Eternal Deposit and non-refundable Optional Extras, subject to the limitations below) which will be refunded to the original payment method within 90 days of Cobblestone issuing cancellation notice.

Cobblestone Travel Credits:

• Have no expiration date
• Can be applied to any future Cobblestone tour (any type of tour, any destination)
• Applies to land-only tour cost
• Are transferable to another person
• Are not redeemable for cash
• Exclude flights, insurance, and other items as identified by Cobblestone as they will have their own cancellation terms

In such circumstances there will be no claim for damages by either party against the other and We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, earnings, travel insurance excess, or non-refundable flights.

49. TRAVEL DOCUMENTS

The traveller is responsible to always keep all personal and relevant documents safely in its possession during the Tour. 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 as set out on Your itinerary. Each traveller accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and remains solely responsible for the full amount of costs incurred as a result of missing or defective documentation. Each traveller understands and agrees that they are responsible for the full amount of any loss or expense incurred by Cobblestone as a direct result of a traveller’s failure to secure or be in possession of proper travel documentation. Cobblestone does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on passports, visas, vaccinations, climate, clothing, baggage, special equipment, or otherwise. You are responsible for this information’s accuracy, and for clarity, Cobblestone is not responsible for any errors or omissions in the Travel Document information You provide to Us.

50. FLEXIBILITY & UNUSED SERVICES

You acknowledge and understand that the nature of leisure travel requires flexibility. At times, due to weather constraints, changes in safety, or other acts of God, may require Your Tour(s) to be changed or cancelled. You accept and permit that reasonable alterations to products, services, or Itineraries may occur due to no fault of Cobblestone. Accordingly, the route, schedules, accommodations, activities, amenities, and mode(s) of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Cobblestone (including but not limited to Force Majeure, illness, pandemics, 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 on Your Tour due to no fault of Cobblestone, including Your removal from a Tour because of Your negligence or breach of these Terms and Conditions.

51. ACCEPTANCE OF RISK

Each traveller understands and acknowledges that despite best efforts on behalf of Cobblestone and its affiliates, some products and services offered in the Tour may involve some amount of risk. By traveling with Cobblestone, each traveller acknowledges that they understand the components of their Tour and have considered any potential risks to their health and safety. By proceeding to book a Tour each traveller hereby assumes responsibility for all such risks and releases Cobblestone or its affiliates from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including international travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by Cobblestone or its affiliates.

Each traveller acknowledges 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 Tours take place are often lower than the standards a traveller may reasonably expect in their home country or region. Each traveller understands and agrees that Cobblestone 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 a Tour, product or service is operated. By booking a Tour with Cobblestone, You acknowledge that You have considered the potential risks, dangers, and challenges along with Your own personal capabilities and needs, and expressly assume the risks associated with travel under such conditions.

Cobblestone uses information from government foreign departments, their affiliates, and reports from Cobblestone’s own contacts in assessing whether the itinerary should operate. However, it is also the responsibility of each traveller to understand all relevant travel information, including applicable health risks and the nature of their Tour itinerary. By booking a Tour, the traveller acknowledges that it is their decision to travel and has considered all factors and associated risks associated with such travel. To the fullest extent permitted by law, Cobblestone Freeway Tours Ltd. accepts no liability in relation to these risks. Each traveller must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should a traveller fail to comply with the above or commit an illegal act when on Tour or, if in the opinion of Cobblestone (acting reasonably), a traveller’s behavior is causing or is likely to cause danger, distress, or material annoyance to others, Cobblestone or its affiliate may terminate Your travel arrangements on any product or service immediately at Your expense and without any liability on the part of Cobblestone. Should this occur, the traveller shall not be entitled to any refund for unused or missed services, or costs incurred as a result of termination of travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

Travellers are responsible for any costs (including repair, replacement, and cleaning fees) incurred by Cobblestone or its affiliates for property damage, destruction or theft caused by a traveller. You agree to take all prudent measures in relation to Your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obey all posted signs and oral or written warnings regarding health and safety. Neither Cobblestone nor its affiliates are liable for loss or damages caused by Your failure to comply with safety instructions or warnings. You are responsible for reporting to Your Tour Leader any unsafe behaviours immediately or as soon as is reasonably possible so that Cobblestone or its affiliate may attend to the complaint. You agree to inform a Cobblestone representative or Cobblestone’s customer service department directly. Cobblestone takes no liability for complaints that are not properly brought to their attention. Cobblestone cannot resolve or attempt to resolve complaints until proper notice is provided.

52. AUTHORITY ON TOUR

Our Tours are run by the Tour Leader. The decisions of the Tour Leader are final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the Tour. If You fail to comply with a decision made by a Tour Leader or interfere with the well-being or mobility of the group, the Tour Leader may direct You to leave the Tour immediately at Your own cost, with no right of refund. We may also elect not to carry You on any future Tours booked. You must at all times comply with the laws, customs, foreign-exchange and drug regulations of all countries visited. You agree to travel in accordance with Our Travel Etiquette Guidelines, which are enforced strictly by the Tour Leader.

53. LIABILITY

54) Cobblestone 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, pandemics, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Cobblestone for any such loss, damage, injury, or death.

55) In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Cobblestone or of the Third Party Suppliers of any services which form part of the booking contract then Cobblestone limits its liability, where applicable by all applicable international conventions.

56) Notwithstanding anything to the contrary elsewhere in these Terms and Conditions, Cobblestone shall 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.

57. OPTIONAL EXTRAS

You understand and agree that any assistance given by Cobblestone’s representative(s) in arranging, selecting, or booking any Optional Extras is purely at the traveller’s request and Cobblestone makes no warranties and expressly disclaims any liability whatsoever arising from its participation in Optional Extras or any information provided by any representative or affiliate of Cobblestone regarding any Optional Extras. Furthermore, these Optional Extras (if any are purchased either before or during the Tour) encompass part of the Tour, as defined previously, and Cobblestone’s liability for Optional Extra performance is described under the Liability Section above.

58. IMAGES AND MARKETING

You agree that while participating in any Tour, images, photos, or videos may be taken Cobblestone, its representatives, and/or by other participants.

By taking part in this Tour, You grant Cobblestone full rights to use the images resulting from the photography/video filming by any of the participants involved (including fellow travellers, Cobblestone, or its representatives) and any reproductions or adaptations of those images for advertising, publicity, or other corporate purposes. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases, or otherwise. If You do not wish to be photographed please contact Cobblestone in writing.

59. PRIVACY POLICY

Cobblestone must collect Your personal information to deliver the Tour and any products or services booked. Cobblestone collects, uses, and discloses only the information reasonably required to provide the Tour, products, and/or services that You have requested as described in the Tour. Cobblestone may provide this information to its Third Party Suppliers as necessary to perform these duties. Cobblestone’s Privacy Policy is expressly incorporated into these Terms. You are responsible for reviewing this Privacy Policy and informing Yourself of any details of it.

60. SEVERABILITY

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.

61. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

62. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Alberta, Canada and are governed to the fullest extent allowable.

63. AMENDMENTS

Cobblestone reserves the right to update or amend these Terms and Conditions at any time, and will post the amended Terms and Conditions on our website. Any amendment will take effect 7 days after being posted to our website. Any time You would like a copy of these terms, they will be sent to you if you ask us in writing. You are deemed to have accepted any amendments to these Terms and Conditions on the date that is 7 days after their posting on Our website. Cobblestone recommends that You refer to the Terms and Conditions prior to travel to familiarize yourself with the most up-to-date version.     

 

 

CUSTOM GROUP TOUR TERMS & CONDITIONS OF AGREEMENT

By booking or participating in a tour, these Terms and Conditions (“Terms and Conditions”) are entered into by You (“You”, “Your”) and Cobblestone Freeway Tours Ltd. (“Cobblestone”, “Company”, ‘Us”, “We”, or “Our”). The following Terms and Conditions, together with any further documents Cobblestone sends You in relation to Your Tour with Cobblestone, shall be governed by these Terms and Conditions.

Any exceptions and/or Special Conditions that deviate from these Terms and Conditions shall be expressly detailed via the Special Conditions section below and/or a separate document delivered at or before the time of booking (and in all circumstances prior to Your payment of non-refundable expenses). For reference, Custom Tours will likely vary in Special Conditions from the standard form found on the Cobblestone website. By booking or participating on a Tour, You acknowledge that You have read, understand, and agree to be bound by these Terms and Conditions.

64. SPECIAL CONDITIONS

In all cases, where Special Conditions are explicitly outlined in your Confirmation Invoice and/or Itinerary, they shall supersede these Terms and Conditions. They shall be explicitly marked by saying “SPECIAL CONDITION”.

65. THE BOOKING CONTRACT

Your booking is confirmed, and a contract exists when Cobblestone or Your travel agent issues a Confirmation Invoice after receipt of the Booking Deposit. Please check Your Confirmation Invoice carefully and report any incorrect or incomplete information to Cobblestone or authorized agent within seven (7) days of Cobblestone’s Confirmation Invoice submission to You. Please ensure that names are exactly as stated in the relevant passport. Please refer to Your booking Confirmation Invoice for details regarding final payments, including how to make the payment. Payment of the balance of the Total Tour Price is due at least ninety (90) days prior to the Tour Start Date. If this balance is not paid on or before the Confirmation Invoice’s applicable payment due dates, We reserve the right to treat Your booking as cancelled. Any cancellation charges outlined in the Cancellation Policy will apply.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Cobblestone or its affiliates.

66. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants (together with You and the other participants you are booking on behalf of, “Your Party”), You are deemed to be the designated contact person for every participant included on that booking, unless otherwise approved, in writing by Cobblestone. Accordingly, You are responsible for making all payments due in connection with the Tour booking, notifying Cobblestone or Your travel agent if any changes or cancellations are required and keeping 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 any information provided on behalf of Yourself or another participant. Cobblestone relies on the information provided and Cobblestone shall not be liable for any errors or omissions in the information provided to complete a booking.

67. REQUIRED DETAILS

To complete Your booking, You must provide all requested details at least NINETY (90) days prior to Your Tour Start Date. Should You fail to provide these details (as outlined below) in an accurate manner to Cobblestone, Cobblestone reserves the right to cancel Your Tour booking up to the date of arrival on Your Tour. Traveller form details vary by Tour; they include but are not limited to:

• Full name as it appears on Your passport;
• Date of birth;
• Nationality;
• Passport number;
• Passport expiry date;
• Visa and/or permit information (if applicable);
• Existing medical conditions.

It is the responsibility of the traveller(s) to provide any relevant medical information. If You have any pre-existing medical conditions which may impact Your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on Your Tour, the traveller must provide a fully executed approval letter by a licensed and practicing physician advising that it is safe for You to travel on the Tour as soon as is reasonably possible, but in any event, at least NINETY (90) days prior to Your Tour Start Date.

You agree to disclose all relevant medical information accurately and fully. Cobblestone will maintain the information in accordance with the Privacy Policy.

Cobblestone reserves the right to request further information or professional medical opinions where necessary, as determined at the direction of legal counsel, for Your safety or the safe operation of a Tour. Cobblestone reserves the right to deny You permission to travel or participate in any aspect of a Tour at any time and at Your own risk and expense where a Cobblestone representative determines that Your physical or mental condition renders You unfit for travel or You represent a danger to Yourself or others.

If You or someone in Your Party is pregnant or expecting to be pregnant at the time the Tour is taking place, We require reasonable notice as pregnancy is a medical condition that must be considered at the time the Tour is being planned. If it is deemed safe, Cobblestone shall make every effort to accommodate a pregnancy. Cobblestone may, at the direction of legal counsel, at the direction of a medical professional who treats the women, keeping in consideration restrictions in place with various travel providers and airlines, refuse portions or entire Tour(s) to a woman who is more than 24 weeks pregnant. Cobblestone may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

Should You or someone in Your party choose to withhold relevant medical information from Cobblestone within a reasonable time period for any reason, Cobblestone reserves the right to cancel Your booking and all applicable cancellation fees will apply.

Prior to booking, the traveller is responsible for assessing whether a Tour is suitable for them. Each traveller is urged to consult their medical professional to confirm their fitness for travel and participation in any planned activities. Cobblestone strongly urges each traveller to seek medical advice on relevant vaccinations and medical precautions suitable for their selected Tour. Cobblestone does not provide medical advice. We take this opportunity to advise You that a Tour 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 Tour varies and Cobblestone makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

Note: Custom Tours have the potential to be designed to accommodate limited physical ability if and only if You notify Cobblestone at least 90 days prior to the start date of Your Custom Tour.

68. SPECIAL REQUIREMENTS

All special requirements must be disclosed to Cobblestone at the time of booking. Cobblestone shall make 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 custom pre-planned Tour. Certain activities may be inaccessible to a traveller with mobility issues.

All food allergies and dietary restrictions must be disclosed to Cobblestone at the time of booking. Cobblestone shall make reasonable efforts to accommodate dietary restrictions but cannot guarantee that dietary needs or restrictions can be accommodated. All special requests must be pre-approved, in writing a minimum of NINETY (90) days prior to travel. Cobblestone shall not be held liable for any failure to accommodate or fulfill any special requests.

69. AGE REQUIREMENTS

There are no age restrictions connected with Private Group Tours, however there may be certain activities that are age restricted.

Any travellers under the age of 18 are considered minors and shall, at all times, be accompanied by a legal guardian, or in lieu of a legal guardian, by a custodian over the age of 18 appointed by their legal guardian, in writing.

All bookings with a minor are subject to review and approval by Cobblestone. 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. Cobblestone will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals for these purposes.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Cobblestone does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s) at any given time.

70. MANDATORY INSURANCE REQUIREMENTS

Travel and health insurance coverage is mandatory for all Cobblestone travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses, and emergency repatriation with a recommended minimum coverage of 200,000 US Dollars for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide Your travel insurance policy number and the insurance company’s 24-hour emergency contact number thirty (30) days prior to the first date of Your Tour; You will not be able to join the Tour without these details. If You have travel insurance connected to Your credit card or bank account please ensure You have provided details of the participating insurer, the insurance policy number and emergency contact number to Cobblestone rather than the bank’s name and credit card details. You should also carry the contact and policy information for Your insurance while on the Tour in the event of emergency. It is Your duty to ensure that medical care provided to You is covered by Your insurance including pre-approvals if necessary in the case of emergency.

If You do not provide insurance details to Cobblestone thirty (30) days prior to the first day of Your Tour, Cobblestone has the right (but not the obligation) to cancel Your participation in the Tour with cancellation penalties as outlined in the Cancellation by Participant section.

71. PRICES, SURCHARGES, AND TAXES

Pricing Inclusions

The Total Tour Price includes: all accommodations as listed in Your Tour Itinerary; all transport listed in Your Tour Itinerary; cultural event, sightseeing and meals as listed in Your Tour Itinerary; and the services of a Tour Leader as described in Your Tour Itinerary.

Pricing Exclusions

The Total Tour Price does not include: international or internal flights unless specified; airline taxes and airline excess baggage changes; meals other than those specified in the Tour Itinerary; visa and passport fees; travel insurance; Optional Extras; and all personal activities and expenses including those as recommended and/or facilitated by Cobblestone.

Other Pricing Details

Cobblestone may, at its discretion, offer reduced pricing on certain products or services. Reduced pricing only applies to new bookings. Your existing reservation shall not be eligible for discounts. For clarity, reservations where a Booking Deposit has been received shall not be entitled to reduced pricing. The most up-to-date pricing is available on our website (https://www.cobblestonefreeway.ca/).

Cobblestone’s Tour prices are expressed in US Dollars. You can pay in US Dollars, or potentially such other currency as You so choose. You will need to identify the currency that You would like to pay Cobblestone in advance of Your payment, and the foreign exchange conversion rate from Your payment currency to US Dollars will be quoted prior to Your payment and will be valid for a time-period as identified in the quote. This conversion rate will vary from the posted market rate. In any event, Cobblestone will not be obligated to quote exchange rates more than seven (7) days in advance, nor will Cobblestone be obligated to quote an exchange rate and/or accept foreign currency at all.

We reserve the right to impose surcharges up to NINETY (90) days before Your Tour Start Date due to major unfavourable changes in exchange rates, local inflation, increased transportation costs, increases in local operator costs, taxes, or if government action should require Us to do so. In such instances, Cobblestone will be responsible for any amount up to Five (5%) Percent of the Total Tour Price and the traveller shall be responsible for the balance. If any surcharge results in an increase of more than Ten (10%) Percent of the Total Tour Price to the traveller (i.e. a total increase of over fifteen (15%) percent), the traveller may cancel the booking within 14 days of notification of the surcharge and obtain a full refund (as a credit for future travel with Cobblestone or refund in the same manner as original payment).

Cobblestone shall not, under reasonable circumstances, increase the Total Tour Price after it has been paid for in full.

It should be noted that, because Cobblestone charges in US Dollars unless otherwise offered, when paying via credit card, Your credit card and/or financial institution will charge You a foreign exchange conversion rate that may be higher than the posted market rate. Cobblestone is not responsible for any charges levied by third parties or financial institutions and payable by the traveller 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 Cobblestone or any of its agents, even in the event of a refund. Furthermore, should charges be applied to You by Your financial institution on payment, they will likely charge You on refund as well, and a full refund may result in a net cost to You even if the full amount is refunded. To reduce this expense, You may pay in US Dollars rather than Your local currency.

72. Design Fees/Deposits

A $250 USD Design Deposit is required for Cobblestone Freeway Tours to begin planning a Private Custom Tour. After the Itinerary Draft has been approved by the client, the Design Deposit must be paid. After payment, pricing & availability checks overseas can proceed.

This Design Deposit will be applied to the final payment of the Private Custom Tour. The Design deposit is non-refundable if you choose not to proceed with the tour.

After the Design Deposit has been paid, Cobblestone Freeway Tours will do up to three (3) modifications /changes to the tour proposal at no additional charge. Subsequent changes will be charged at a rate of $25 USD. Each Custom Tour Proposal will have a ‘book before’ date. Travellers who place their Booking Deposit before this date will be guaranteed the availability and price. Booking Deposits received after this date will be subject to availability checks and a Tour Price increase.

One Booking Deposit per traveler is required. See 73. Booking Deposits.

73. BOOKING DEPOSITS

A non-refundable Booking Deposit of five hundred US Dollars ($500USD) per traveller is due at the time of booking a Tour reservation. If the Total Tour Price per traveller is lower than five hundred US Dollars ($500USD), then the Booking Deposit is the Total Tour Price per traveller.

By way of example, if the Total Tour Price is $300USD, the Booking Deposit shall be $300USD. If the Total Tour Price is $2,000USD, the Booking Deposit shall be $500USD.

However, if Your reservation is made less than NINETY (90) days prior to Your Tour Start Date, full payment of the Total Tour Price is due at the time of booking.

Booking Deposit Payment is due by your Custom Deposit date. Custom Deposit date can be found in your Booking agreement.

74. ETERNAL DEPOSITS

If you cancel your booking for any reason and you are not in arrears for any scheduled payment to Cobblestone and you are not in breach of any of the Terms & Conditions, you will be issued an Eternal Deposit for the Booking deposit amount you paid. An Eternal Deposit never expires, has no cash value and can only be applied to a future tour. An Eternal Deposit can be transferred by You to another person of your choosing by providing notice to Cobblestone Freeway Tours in writing. Only one Eternal Deposit can be applied per person per tour booked. No refunds can be issued for Eternal Deposits.

75. AIRFARE

If Your arrival and departure flights are not included in Our Tour package (see your booking agreement), Cobblestone Freeway Tours Ltd. recommends You utilize the services of a licensed professional travel agency for Your arrival/departure flight bookings outside of the Tour.

Because of the potential unconfirmed nature of Cobblestone’s Tours, You are recommended to wait to purchase any non-refundable flight bookings until Cobblestone identifies Your Tour as a Guaranteed Departure status (See 80.) Even in such Guaranteed Departure status, there are circumstances where Your Tour could still be cancelled, and as a result, Cobblestone recommends that You maintain change/cancellation insurance on Your flight in the event of such a circumstance.

76. SINGLE SUPPLEMENT

Tour prices are based on double occupancy rooms. Room share is offered to travellers travelling solo on a Tour. Solo travellers will be matched with someone of the same gender to room with for the duration of the trip. If we are unable to match a solo traveller with another traveller for a room share, the traveller will not be required to pay the Single Supplement.

If at any point a solo traveller would like to forgo the room share during the trip, they will be required to pay the Single Supplement in full. Their room share partner will not be required to pay the Single Supplement. Subject to availability.

A Single Supplement can be requested at the time of booking to ensure a single room for the duration of the trip. Single Supplement availability is dependent on departure.

77. FINAL PAYMENT & ACCEPTANCE OF BOOKING

At the time of booking, please ensure Your Party’s email address(es) is entered correctly as You will receive a confirmation email from Cobblestone which will contain important information about Your Tour. Each individual in Your Party may be directly contacted to confirm information through forms. This information may include any remaining balances due on Your account, details regarding Your booking, and any relevant deadlines in relation to Your Tour and managing Your booking. It is the responsibility of the party booking the reservation to ensure they have a complete understanding of what is contained in the email confirmation.

Full payment of any balances on any Tour(s) are due at least NINETY (90) days prior to Tour Start Date. If full payment is not received by the applicable due date, Cobblestone may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the Booking Deposit paid on booking as a cancellation fee. If a booking is made less than NINETY (90) days before the Tour Start Date, then the full amount must be paid at the time of booking.

Cobblestone 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 Cobblestone or any of its agents.

78. BOOKING CHANGES

Changes made by Cobblestone: Itinerary changes may be necessary (before and after the Tour Start Date) due to unforeseen circumstances, operational concerns, or concerns for the health, safety, enjoyment, or comfort of Our travellers. By booking a Tour with Cobblestone You are authorizing Cobblestone and its agents to make any reasonable changes deemed necessary by Cobblestone or its agent.

Changes made by the traveller: All travellers are responsible for ensuring that information provided to Cobblestone is accurate and up-to-date. Acting reasonably, any extra costs incurred for making unforeseen changes to a pre-existing booking shall be charged to the traveller. This includes any reasonable administrative fees that may be incurred due to the change. Cancellation of any Tour, 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 TEN (10) days of Your Tour Start Date.

79. CANCELLATION BY YOU

You may cancel Your Tour booking under the following conditions. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received in writing by Cobblestone for the product or service (excluding any insurance products and Optional Extras, Add Ons, which are wholly non-refundable).

(a) Custom Tour Design Deposit of $250 USD per tour is non-refundable if the Tour is not booked.

(b) Deposits can be transferred to another group traveler up to 180 days or more prior to departure date.

(c) Cancellation received 180 days or more prior to Your Tour Start Date: a Cancellation fee of $100 USD per person will apply. The remainder of any payments made to Cobblestone in respect of the cancelled product will be refunded to the original payment method (within 90 days of receipt of cancellation notice).

(d) Cancellation received 179-90 days before Tour Start Date: no cancellation fee. Your Eternal Deposit will be held and applied toward a future tour according to our Eternal Deposit program.The remainder of any payments made to Cobblestone in respect of the cancelled product will be refunded to the original payment method (within 90 days of receipt of cancellation notice).

(e) Cancellation received 89-60 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program, and a Fifty (50%) Percent of the Total Tour Price, less the Eternal Deposit amount, will be refunded. The balance will be retained by Cobblestone as a cancellation fee.

(f) Cancellation received 59-30 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program, and a Twenty Five (25%) Percent of the Total Tour Price, less the Eternal Deposit amount, will be refunded. The balance will be retained by Cobblestone as a cancellation fee.

(g) Cancellation less than 29 days before Tour Start Date: your Eternal Deposit will be held by Cobblestone and applied toward a future tour according to our Eternal Deposit program and no refund will be issued.The total amount of the Total Tour Price, less the Eternal Deposit amount, will be retained by Cobblestone as a cancellation fee.

Note: Different cancellation conditions may apply to Bespoke, Custom, Add-ons, Basic Services and One Year in Ukraine trips as set out in the terms on your Detailed Itinerary relating to your trip. Add-Ons and Basic Services are non-refundable. Cobblestone will advise if differences apply.

80. CANCELLATION BY COBBLESTONE

Our Tours are deemed to have Guaranteed Departure status once they have met the minimum group size. Once this status is provided to You, unless there is Force Majeure or other reason provided by Cobblestone, the Tour shall be going ahead.

In the event that Your Tour is cancelled by Cobblestone at any time:

(a) You will have the option of accepting a new tour of equal value; or

(b) You may accept 100% credit of monies paid for your trip (including your Booking Deposit and non-refundable Optional Extras, subject to the limitations below) will be issued in the form of travel credit; or

(c) You may accept 100% of monies paid for your trip (including your Booking Deposit and non-refundable Optional Extras, subject to the limitations below) which will be refunded to the original payment method within 90 days of Cobblestone issuing cancellation notice.

Cobblestone Travel Credits:

• Have no expiration date
• Can be applied to any future Cobblestone tour (any type of tour, any destination)
• Applies to land-only tour cost
• Are transferable to another person
• Are not redeemable for cash
• Exclude flights, insurance, and other items as identified by Cobblestone as they will have their own cancellation terms

In such circumstances there will be no claim for damages by either party against the other and We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, earnings, travel insurance excess, or non-refundable flights.

81. TRAVEL DOCUMENTS

The traveller is responsible to always keep all personal and relevant documents safely in its possession during the Tour. 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 as set out on Your itinerary. Each traveller accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and remains solely responsible for the full amount of costs incurred as a result of missing or defective documentation. Each traveller understands and agrees that they are responsible for the full amount of any loss or expense incurred by Cobblestone as a direct result of a traveller’s failure to secure or be in possession of proper travel documentation. Cobblestone does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on passports, visas, vaccinations, climate, clothing, baggage, special equipment, or otherwise. You are responsible for this information’s accuracy, and for clarity, Cobblestone is not responsible for any errors or omissions in the Travel Document information You provide to Us.

82. FLEXIBILITY & UNUSED SERVICES

You acknowledge and understand that the nature of leisure travel requires flexibility. At times, due to weather constraints, changes in safety, or other acts of God, may require Your Tour(s) to be changed or cancelled. You accept and permit that reasonable alterations to products, services, or Itineraries may occur due to no fault of Cobblestone. Accordingly, the route, schedules, accommodations, activities, amenities, and mode(s) of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Cobblestone (including but not limited to Force Majeure, illness, pandemics, 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 on Your Tour due to no fault of Cobblestone, including Your removal from a Tour because of Your negligence or breach of these Terms and Conditions.

83. ACCEPTANCE OF RISK

Each traveller understands and acknowledges that despite best efforts on behalf of Cobblestone and its affiliates, some products and services offered in the Tour may involve some amount of risk. By traveling with Cobblestone, each traveller acknowledges that they understand the components of their Tour and have considered any potential risks to their health and safety. By proceeding to book a Tour each traveller hereby assumes responsibility for all such risks and releases Cobblestone or its affiliates from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including international travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by Cobblestone or its affiliates.

Each traveller acknowledges 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 Tours take place are often lower than the standards a traveller may reasonably expect in their home country or region. Each traveller understands and agrees that Cobblestone 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 a Tour, product or service is operated. By booking a Tour with Cobblestone, You acknowledge that You have considered the potential risks, dangers, and challenges along with Your own personal capabilities and needs, and expressly assume the risks associated with travel under such conditions.

Cobblestone uses information from government foreign departments, their affiliates, and reports from Cobblestone’s own contacts in assessing whether the itinerary should operate. However, it is also the responsibility of each traveller to understand all relevant travel information, including applicable health risks and the nature of their Tour itinerary. By booking a Tour, the traveller acknowledges that it is their decision to travel and has considered all factors and associated risks associated with such travel. To the fullest extent permitted by law, Cobblestone Freeway Tours Ltd. accepts no liability in relation to these risks.

Each traveller must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should a traveller fail to comply with the above or commit an illegal act when on Tour or, if in the opinion of Cobblestone (acting reasonably), a traveller’s behavior is causing or is likely to cause danger, distress, or material annoyance to others, Cobblestone or its affiliate may terminate Your travel arrangements on any product or service immediately at Your expense and without any liability on the part of Cobblestone. Should this occur, the traveller shall not be entitled to any refund for unused or missed services, or costs incurred as a result of termination of travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

Travellers are responsible for any costs (including repair, replacement, and cleaning fees) incurred by Cobblestone or its affiliates for property damage, destruction or theft caused by a traveller. You agree to take all prudent measures in relation to Your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obey all posted signs and oral or written warnings regarding health and safety. Neither Cobblestone nor its affiliates are liable for loss or damages caused by Your failure to comply with safety instructions or warnings.

You are responsible for reporting to Your Tour Leader any unsafe behaviours immediately or as soon as is reasonably possible so that Cobblestone or its affiliate may attend to the complaint. You agree to inform a Cobblestone representative or Cobblestone’s customer service department directly. Cobblestone takes no liability for complaints that are not properly brought to their attention. Cobblestone cannot resolve or attempt to resolve complaints until proper notice is provided.

84. AUTHORITY ON TOUR

Our Tours are run by the Tour Leader. The decisions of the Tour Leader are final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the Tour. If You fail to comply with a decision made by a Tour Leader or interfere with the well-being or mobility of the group, the Tour Leader may direct You to leave the Tour immediately at Your own cost, with no right of refund. We may also elect not to carry You on any future Tours booked. You must at all times comply with the laws, customs, foreign-exchange and drug regulations of all countries visited. You agree to travel in accordance with Our Travel Etiquette Guidelines, which are enforced strictly by the Tour Leader.

85. LIABILITY

86) Cobblestone 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, pandemics, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Cobblestone for any such loss, damage, injury, or death.

87) In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Cobblestone or of the Third Party Suppliers of any services which form part of the booking contract then Cobblestone limits its liability, where applicable by all applicable international conventions.

88) Notwithstanding anything to the contrary elsewhere in these Terms and Conditions, Cobblestone shall 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.

89. OPTIONAL EXTRAS

You understand and agree that any assistance given by Cobblestone’s representative(s) in arranging, selecting, or booking any Optional Extras is purely at the traveller’s request and Cobblestone makes no warranties and expressly disclaims any liability whatsoever arising from its participation in Optional Extras or any information provided by any representative or affiliate of Cobblestone regarding any Optional Extras. Furthermore, these Optional Extras (if any are purchased either before or during the Tour) encompass part of the Tour, as defined previously, and Cobblestone’s liability for Optional Extra performance is described under the Liability Section above.

90. IMAGES AND MARKETING

You agree that while participating in any Tour, images, photos, or videos may be taken Cobblestone, its representatives, and/or by other participants.

By taking part in this Tour, You grant Cobblestone full rights to use the images resulting from the photography/video filming by any of the participants involved (including fellow travellers, Cobblestone, or its representatives) and any reproductions or adaptations of those images for advertising, publicity, or other corporate purposes. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases, or otherwise. If You do not wish to be photographed please contact Cobblestone in writing.

91. PRIVACY POLICY

Cobblestone must collect Your personal information to deliver the Tour and any products or services booked. Cobblestone collects, uses, and discloses only the information reasonably required to provide the Tour, products, and/or services that You have requested as described in the Tour. Cobblestone may provide this information to its Third Party Suppliers as necessary to perform these duties.

Cobblestone’s Privacy Policy is expressly incorporated into these Terms. You are responsible for reviewing this Privacy Policy and informing Yourself of any details of it.

92. SEVERABILITY

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.

93. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

94. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Alberta, Canada and are governed to the fullest extent allowable.

95. AMENDMENTS

Cobblestone reserves the right to update or amend these Terms and Conditions at any time, and will post the amended Terms and Conditions on our website. Any amendment will take effect 7 days after being posted to our website. Any time You would like a copy of these terms, they will be sent to you if you ask us in writing. You are deemed to have accepted any amendments to these Terms and Conditions on the date that is 7 days after their posting on Our website. Cobblestone recommends that You refer to the Terms and Conditions prior to travel to familiarize yourself with the most up-to-date version.