Terms and Conditions for mbguiding.ca, MB Guiding
Last updated: 2020-06-15
These Terms and Conditions are a binding contract between Mike Blake, doing business as ‘MB Guiding’ and having his registered office at 185-911 Yates Street, Victoria, British Columbia, V8V 4Y9, Canada, and registered under FM0496869 at British Columbia, Canada and his agents, contractors, employees and other service-providers (“MB Guiding”) and you, the participant (“Participant” or “Participants”).
In consideration of the Participant participating in a trip and/or other services provided by MB Guiding (“Trip”), Participant agrees as follows:
Reservations and Deposit
Participant’s place on a Trip will only be reserved once the registration form is completed and deposit amount, being 25% of the trip cost (“Deposit”) is received by MB Guiding. Participant acknowledges that the Deposit will not be refunded under any circumstances except in the case where Participants reservation is denied as set out below.
Each Participant must complete MB Guiding’s online registration form or request a PDF registration from our office in order to secure their place on a chosen trip. Once your registration is received and reviewed, MB Guiding will confirm your reservation is secured via e-mail and include confirmation materials with important information relating to your selected Trip. MB Guiding’s goal is to build strong teams and make sure all Participants have satisfactorily completed any prerequisites, if required. MB Guiding reserves the right to deny participation to any Participant until reviewing their registration. If for any reason Participants reservation is denied, the Deposit will be refund immediately to Participant. It is the Participants sole responsibility to let us know if the information specified in the registration changes before the departure date. If any information changes before the departure date, such that MB Guiding determines, in its sole discretion that the Participant is not suitable for the Trip, the Trip will be deemed cancelled by Participant and the applicable provisions of these Terms and Conditions will apply.
All balances are due 120 days prior to departure date of your Trip. Participants whose balances are not received by the 120-day deadline as stated above, risk forfeiture of their place on the Trip. In such case, the Deposit will not be refunded.
All prices listed or advertised for any MB GUIDING trips are expressed in Canadian Dollars and are exclusive of any applicable sales taxes. Prices are subject to change without prior notice. The Participant accepts the listed price at the time the deposit is received by MB Guiding.
MB Guiding accepts payment via VISA, Mastercard, AMEX, e-transfer or international wire transfer. If paying in any currency other than Canadian Dollars, the exchange rate set by the Bank of Canada on the day payment is made will apply. Participant will be responsible for any banking fees associated with payment of fees.
Cancellation, Rescheduling and Refund Policy
Cancellation and Rescheduling by Participant:
Participants who wish to cancel their Trip at least 90 days before trip departure date, will receive a 100% refund, less the Deposit.
Alternatively, Participants who provide more than 90 days’ notice of cancellation have a one-time option of transferring the full amount paid to a different trip to be reserved within 12 months of the date of cancellation.
No refund of any amount will be provided if Participant cancels the Trip on less than 90 days notice before the Trip departure date, or after the trip has begun, for any reason.
Up to 45 days before the departure date, Participant may request to transfer the entire payment, including the Deposit to another participant for the Trip or trip to be reserved within 12 months of the date of transfer. In the event Participant wishes to transfer their payment to another participant, the new participant will need to complete a registration form and MB Guiding to approve they are suitable for the trip and completed any required prerequisites. In the event of such transfer, a $100 administrative fee will apply.
Participant is required to submit all cancellation and/or rescheduling requests by email to [email protected]
Cancellation by MB Guiding:
Due to the complexity and nature of operating in remote areas and forces outside its control, MB GUIDING reserves the right at any time to cancel or reschedule any Trip, for any reason, including but not limited to hazardous or unsafe environmental conditions, legal and/or government restrictions, park closures, guide availability and commercial feasibility/minimum number of Trip participants.
If Trip is cancelled, MB Guiding will, at their discretion:
- Provide Participant with the option to transfer to an alternative trip offered in the same calendar year;
- Permit Participant to apply their Deposit and all other amounts paid to a future trip or transfer their Deposit to another participant for a future trip with MB Guiding to be booked within 24 calendar months from the date of cancellation; or
- Refund all amounts paid by Participant to MB Guiding, less the Deposit.
In the event of any cancellation, MB Guiding will give as much notice as possible to Participants as reasonably possible, however Participant acknowledges and understands that conditions can change rapidly.
MB GUIDING strongly recommends that Participants purchase comprehensive travel insurance for their Trip including coverage for Trip and/or flight cancellation, interruption, delays, baggage loss, accidents, medical expenses, rescue, evacuation, and repatriation. MB Guiding will not be liable for any costs or expenses incurred by Participant as a result of any medical or trip cancellation costs and Participant agrees to reimburse MB Guiding for any costs incurred during the Trip as a result of same.
Excluded Services, Costs and Expenses
The cost of the Trip does not included travel to pre and post trip transportation, and Participant is responsible for arranging and paying for all required travel arrangements. If Participant is late in arriving at the departure location, they will either forfeit the Trip, or may, where possible be able to arrange to meet the group at their own cost and expense. The cost of the Trip also does not include Participants personal gear or food required before during or after the Trip.
MB GUIDING Trip Participants are responsible and will pay all expenses incurred or associated with departing their Trip early for whatever reason including but not limited to illness, injury or other personal reasons. The Participant is responsible for paying their own evacuation, rescue, transport costs and for all other services not included in the MB GUIDING Trip. The Participant acknowledges they have the necessary insurances to cover these type of expenses or have sufficient financial capability to pay these costs.
Participant Responsibilities and Acknowledgments
As a condition of participating in the Trip, Participant acknowledges and agrees as follows:
- Participants are responsible for their own well-being and confirm they are not aware of any medical issues that would hinder their participation or put themselves, MB Guiding or any other participants at risk. This includes good health and possess the physical fitness and hiking abilities required for the Trip.
- Participants joining a Trip may be required to obtain a physician’s release prior to departure.
- Participants acknowledge that they have been advised to have sufficient personal life, medical, accident, travel, baggage, cancellation, interruption, rescue, repatriation and other insurances that pertain to their participation in an MB GUIDING Trip.
- Participants understand that they do not have coverage under any policies or coverage held by MB GUIDING.
- Participants are responsible for knowing all pre-departure information and to prepare and bring proper equipment and clothing as outlined in the information.
- Participants are responsible to adhere to basic standards of personal hygiene (to minimize the risk of traveler’s diseases).
- Participants are responsible to act in a considerate manner toward all group members and with respect for each country’s customs, values and traditions. Participant agrees to follow the appropriate Leave No Trace practices.
- Participants are prohibited from using drugs that may negatively affect their performance while actually hiking or backpacking or performing other activities that involve risk of injury.
- Participant gives their consent for MB GUIDING to use their photograph, video likeness and/or voice to be used in its publications, including its website.
- Participants read, understand, complete, and sign the Association of Canadian Mountain Guides Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement.
Third Party Service Providers
MB GUIDING, its owners, sponsors, agents, contractors, employees, officers, directors, associates, affiliated companies, subcontractors, as well as all other persons or entities acting in any capacity on its behalf hereby give notice that they act only as agents for hotels, transportation companies, land operators and suppliers of travel services. MB GUIDING assumes no responsibility or liability in connection with the operation or service of any aircraft, motor vehicle, other conveyance, inn, lodge or hotel which may be used wholly, or in part, for services to MB GUIDING and its clients. MB GUIDING, its operators, airlines and agents will not be responsible for any act, error, omission, nor for any injury, loss accident, delay, inconvenience, irregularity or damage which may be occasioned by any cause whatsoever. This includes acts of nature, civil disturbance, government restrictions or failure of any means of conveyance to adhere to published schedule.
Changes to Itinerary
While MB Guiding will make reasonable efforts to carry out the Trip itinerary, MB GUIDING reserves the right to alter or omit any part of the itinerary of any Trip, to substitute leaders, to change any means of conveyance without notice and without refund.
Guide’s Rights and Obligations
Given the nature of the service hired by the Participant, the decisions taken by the guide as Trip leader are final. If the guide considers that the Participant’s behaviour, physical condition, mental illness or any other reason emanating from said Participant may be dangerous to the safety, health or well-being of said Participant or of the whole group, the Participant will be asked to leave the Trip and shall not be entitled to any refund whatsoever and be responsible for any additional costs associated with their departure such as but not limited to transportation, hotels, meals, etc. The guide, as the Trip leader, has full authority to decide on any changes to the itinerary, including, but not limited to ending the Trip if he/she considers the team in immediate or future danger or in response to the abilities of the group. The Participant acknowledges the guide’s authority concerning decisions that encompass changes in the Trip.
MB GUIDING will make its best effort to provide you with an objective attempt within the guidelines of this document and itinerary. MB GUIDING cannot guarantee that you will reach the objective. Weather, route conditions, your own abilities or the abilities of other hikers may create circumstances that make an objective unsafe and you or your entire team may have to turn around. No refunds will be given by MB GUIDING for not reaching the objective for any reason.
Governing Laws and Dispute Resolution
These Terms and Conditions are governed by the laws of the province of British Columbia and federal laws of Canada, where applicable. Any disputes arising directly or indirectly as a result of these Terms and Conditions or related to the Trip will be submitted and heard exclusively in the courts of the City of Victoria, BC.
These Terms and Conditions, together with the Release of Liability and Waiver form signed by Participant constitute the full agreement between the Parties. These terms supersede any terms of any third-party payment processor used by MB Guiding to collect payment. Participant will be responsible for any fees, including legal fees incurred by MB Guiding as a result of recovering any fees owing under these Terms and Conditions.
Acceptance of Terms and Conditions
In reserving a spot on any Trip and making any payment to MB Guiding, Participant acknowledges and confirms having read, understood and accept these Terms and Conditions.