TERMS & CONDITIONS OF AGREEMENT
This Terms and Conditions contract (“Terms and Conditions”) is 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.
$ and Dollars: US Dollars, unless otherwise stated.
Optional Extras: refers to any activity, transportation, meal, product, or service not expressly included in the Tour Itinerary and purchased separately.
Cancellation Policy: The set of rules as elucidated in the Cancellation By You Section.
Confirmation Invoice: A document sent to You upon booking of a Tour, within which can be found the amounts and due dates of Deposits and other payments.
Custom Tour: A bespoke tour designed specially for You. This varies compared to a Scheduled Tour, where You are choosing a set tour with a set departure date often to travel with a larger group, selected from a list of tours that Cobblestone has crafted ahead of your purchase.
Deposit: The initial sum of money due and payable to Cobblestone upon the booking of a Tour. Further details found in the Deposits Section.
Force Majeure or Force Majeure Event: Includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip or Tour to commence or continue.
Guaranteed Departure: A status given to a Tour by Cobblestone in writing to indicate that a Tour is going ahead as scheduled, notwithstanding extenuating circumstances such as Force Majeure or otherwise. Such Guaranteed Departure status is typically provided to You 90 or more days in advance of the Tour Start Date.
Itinerary: The planned dates, destinations, accommodations, and other details associated with a Tour.
Scheduled Tour: A set tour with a set departure date often to travel with a larger group, selected from a list of tours that Cobblestone has crafted ahead of your purchase. This varies compared to a Custom Tour, which is a bespoke tour designed specially for You.
SDRs: Special Drawing Rights, as created, defined, and regulated by the International Monetary Fund.
Total Tour Price: As found in the Confirmation Invoice, the total price of the Tour, including Deposits and other additional expenses (including those for Optional Extras) paid or payable to Cobblestone. Further details found in the Prices, Surcharges, and Taxes Section.
Tour: The travel experience that You are purchasing, together with any related products or services (which may be purchased now or in the future that go alongside this Tour, including Optional Extras).
Tour Leader: The individual who is guiding/leading your Tour, if applicable.
Tour Start Date: The date upon which the Tour commences.
Travel Etiquette Guidelines: A list of guidelines required of You while traveling on Your Cobblestone Tour that can be found at https://cobblestonefreeway.ca/travel-etiquette-guidelines/
2. 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”.
3. 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 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.
4. 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.
5. 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;
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.
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.
Note: Custom Tours have the potential to be designed to accommodate limited physical ability if and only if You notify Cobblestone at the time that You book Your Custom Tour.
6. 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.
7. 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.
8. 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.
9. PRICES, SURCHARGES, AND TAXES
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.
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 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.
A Deposit of five hundred Dollars ($500) per traveller is due at the time of booking a Tour reservation. If the Total Tour Price per traveller is lower than five hundred Dollars ($500), then the Deposit is the Total Tour Price per traveller.
By way of example, if the Total Tour Price is $300, the Deposit shall be $300. If the Total Tour Price is $2,000, the Deposit shall be $500.
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.
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. 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. 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 or Your travel agent 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 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.
13. 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.
14. CANCELLATION BY YOU
You may cancel Your Tour booking under the following restrictions. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Cobblestone and are expressed as a percentage of the Total Tour Price for the cancelled Tour, product or service (excluding any insurance products and Optional Extras which are wholly non-refundable).
(a) Cancellation received 120 or more days before Your Tour Start Date: no cancellation fee. Your Deposit can be carried forward for a future tour indefinitely or refunded to the original payment method (within 90 days).
(b) Cancellation received 119-90 days before Your Tour Start Date: cancellation fee equivalent to your Deposit will apply.
(c) Cancellation received 60-89 days before Tour Start Date: cancellation fee of Fifty (50%) Percent of Your Total Tour Price will apply.
(d) Cancellation received 30-59 days before Tour Start Date: cancellation fee of Seventy Five (75%) Percent of Your Total Tour Price will apply.
(e) Cancellation less than 29 days before Tour Start Date: cancellation fee of One Hundred (100%) Percent of Your Total Tour Price will apply.
15. 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:
(a) Prior to tour start – a 100% credit of monies paid for your trip (including Deposit and non-refundable Optional Extras, subject to the limitations below) given in the form of travel credit; or
(b) While on tour – a refund given, minus non-refundable deposit and any unrecoverable costs, including costs-to-date on the Tour and Your emergency/extraction costs if applicable.
Cobblestone Travel Credits:
• Have no expiration date
• Can be applied to any future Cobblestone tour
• 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, travel insurance excess, or non-refundable flights.
16. 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.
17. 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.
18. 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. If You have complaints or feedback for Cobblestone to improve based upon Your Tour experience, please endeavour to provide such commentary to Cobblestone at Your earliest convenience, in any event at most 30 days after Your Tour.
19. 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 with no arbitration.
a. We will accept liability for the negligence of Our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law. Our obligations, and those of Our suppliers providing any service or facility included in Your Tour are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause c. below.
b. In other circumstances We are responsible to You for the proper performance of this contract. This acceptance of liability is subject to clause c. below.
c. Cobblestone shall not be liable for any damage or loss if the failure to carry out the contract is:
• attributable to You.
• attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
• due to unforeseen and unusual circumstances beyond Our control, the consequences of which could not have been avoided even if all due care had to be exercised.
• due to political disputes, border closures, refusal of visas, industrial action, climate, pandemic, or other matters of a similar nature and any other Force Majeure.
• due to an event which Cobblestone, even with all due care, could not foresee or forestall.
d. Except in cases involving death, injury or illness (which is intended to be covered by Your mandatory travel insurance), any liability covered under clause b. above is limited to 3 times the Total Tour Price. In the case of damaged property, the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases Cobblestone specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases Our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for Your travel arrangements.
e. Where Your Tour arrangements involve travel by air, rail or sea, or hotel accommodation coordinated by Cobblestone, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of the right to claim or compensation contained in these or any conventions.
f. Our acceptance of liability in clauses a and b above is subject to assignment by You of Your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or Your death or personal injury.
g. Flight Notice, Flight Information and EU Blacklist.
This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), Us and You, nor part of a claim. No representation is made by the carrier(s) or Us as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage:
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages, up to 100,000 SDRs (approximately $145,000), the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately $22,000).
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately $6,000).
Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately $1,400).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately $1,400) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
In accordance with EU directive (EC) no. 2111/2005, Article 9, We are required to bring to Your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu. In accordance with EU Regulation 2111/2005, We are required to advise You of the actual carrier operating Your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on Our confirming documents. The airline may use wide and narrow-body jets. Any changes to the actual airline after You have received Your tickets will be notified to You as soon as possible and in all cases at check-in or at the boarding gate.
1. To the maximum extent permitted by law, We exclude all liability whatsoever to You or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of Us in connection with the services or any other matter or thing relating to these Terms and Conditions except to the extent that such loss or damage is incurred as a direct result of Our fraud or wilful misconduct.
2. (Limitation of Liability) Where the law implies a warranty into these Terms and Conditions which may not lawfully be excluded, Our liability for breach of such a warranty will be limited to either supplying the services again or payment of the cost of having the services supplied again.
3. (Indemnity) You indemnify Us (and all of Our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) Your access or use of the services, this includes Your delegate’s access or use of the services; and
(b) any breach by You (or Your delegate) of:
(i) these Terms and Conditions; or
(ii) any additional terms applicable to providing the services,
except to the extent that such loss or damage as a direct result of Our fraud or wilful misconduct.
4. (Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, and independent contractors and individuals to assist in the running of Our Tours as agent for these third parties (“Third Party Supplier”). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although We take all reasonable steps to select reputable Third Party Suppliers, We cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and You may be required to sign additional terms as set out below. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and We do not warrant that any Third Party Supplier is in compliance with the laws of Your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Party Suppliers. Any disputes between You and any Third Party Supplier, are to be resolved solely between You and that Third Party Supplier.
Due to the nature of some of Our Tours, in addition to these Terms and Conditions, You may be required to sign and submit a separate waiver, different terms and/ or a release form to a Third-Party Supplier who is helping to run Your Tour. To the extent there are any inconsistencies between the terms of these Terms and Conditions and the supplemental waiver of the Third Party Supplier, the terms of these Terms and Conditions shall prevail and supersede any supplemental Third Party Supplier waiver. We reserve the right to deny Your participation in the Tour if You have not signed the requisite Third Party Supplier waiver.
5. (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Us nor for any intentional or negligent acts of Our employees committed while off-duty or outside the course and scope of their employment.
21. 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.
22. 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.
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.
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.
25. 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.
26. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Alberta, Canada and are governed to the fullest extent allowable.
Cobblestone reserves the right to update or alter these Terms and Conditions at any time for future travelers and will post the amended Terms on its website at https://cobblestonefreeway.ca/. Should Cobblestone need to modify these Terms and Conditions, Cobblestone can do so in order to make the terms more favourable to You. In the event that the changes would make the terms would be less favourable to You, Cobblestone will be required to get explicit permission from You in advance of the Tour. Such explicit permission shall not be unreasonably withheld. Should You not grant permission of any changes to these Terms and Conditions, You will not be permitted to go on Your Tour. Should Your permission not be granted for a reasonable reason, with such declination and reasonable reason provided in-writing, You have the opportunity to receive a full refund 90-days later with no cancellation penalty.
Dated 29th December 2020