1 BOOKING 1.1 All bookings are made with Ride On Whistler Ltd. Whose mailing address is: Ride On Whistler (hereafter referred to as ROW) 7473 Ambassador Crescent Whistler Canada, V0N 1B7
1.2 A contract (“the contract”) exists between you (“the parties”) and ROW when an online/phone/email booking has been made and ROW has acknowledged receipt of the non-refundable deposit (see section 2.1). The Contract will be subject to these Booking Conditions (the “Conditions”) and will be governed and construed in accordance with Canadian Law.
2 PAYMENTS 2.1 An initial deposit of CA$500.00 must be made with the application or booking. Confirmation of your booking will be emailed to you within 48hrs. This deposit is fully refundable up to one week after Ride On Whistler received it. At the end of a guests stay Ride On Whistler will refund this deposit, provided no damage or extra expenses have been incurred.
2.2 A second deposit of CA$1000 must be paid within 45 days of ROW receiving your booking.
2.3 A final instalment of all remaining fees, including damage deposit, must be paid 90 days prior to the start date.
2.4 All payments are non-refundable, with the exception of the initial deposit (see 2.1) and suitable travel insurance covering the entire duration of your stay is mandatory by the time the final payment is due (see 2.3).
2.5 In the event any amount remains unpaid 7 days after the final payment date ROW reserves the right to cancel your booking without notice or refund.
2.6 All places are allocated on a first come first served basis, assuming all payment deadlines are met.
3 PRICES 3.1 All prices are accurate in their local currency. Any price conversion shown is provided for the purpose of comparison only. For accurate rates contact your bank or card issuer.
3.2 No refunds will be given should exchange rates improve.
4. CANCELLATION BY YOU, THE CLIENT. 4.1 If you choose to cancel or leave for any reason, all booking fees and payments are non-refundable. It is your responsibility to ensure your insurance policy provides adequate cover in this event.
5. CANCELLATION BY ROW 5.1 ROW reserves the right to cancel a course. In the highly unlikely event of a course being cancelled, you will have the choice of accepting an alternative arrangement or a full refund of all invoices paid. ROW will try to ensure that any alternative arrangements offered are of at least equivalent standard to those originally booked.
5.2 No refund will be payable if ROW is forced to cancel due to circumstances beyond its reasonable control and which could not have been foreseen or avoided even if all due care had been exercised, including but not limited to war or threat of war, riot, civil unrest or insurrection, strike, lockout or other industrial action, act of terrorism, act of God, fire, flood or other adverse weather conditions.
6.1 Whilst we (ROW) take all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities you participate in on your course or accommodation carry a risk of accident and injury.
6.2 Except as provided in clauses 6.3 and 6.4 below, we accept responsibility for any loss or damage resulting from our failure to perform, or improper performance of, the services we have agreed to provide you.
6.3 Subject always to clauses 6.2 above, we do not accept responsibility for any loss or damage you suffer where any failure to perform, or improper performance, is not due to our negligence or that of our employees, agents, contractors or suppliers including but not limited to where any such failure or improper performance is attributable, in whole or in part, to:
6.4.1 you or any member of your party
6.4.2 any third party unconnected with the provision of the services we have agreed to provide to you, and is not reasonably foreseeable or unavoidable; or
6.4.3 any circumstances beyond our reasonable control and which could not have been foreseen or avoided even if all due care had been exercised, including but not limited to war or threat of war, riot, civil unrest or insurrection, strike, lockout or other industrial action, act of terrorism, act of God, fire, flood or other adverse weather conditions.
6.5 Subject only to the limitation of liability in clause 6.5 below, our liability to you for any loss or damage which you may suffer, whether as a result of our failure to perform, or the improper performance of, the services we have agreed to provide to you or otherwise, is limited to $2,000,000 for all claims arising from a single event.
6.6 Our liability to you for the non-performance or improper performance by any air, sea or rail carrier or any hotelier for any services to be provided by them as part of your course is limited to the amount you can validly recover against such carrier or hotelier:
6.7.1 in accordance with any applicable domestic law or the laws of Canada, for claims other than death or bodily injury arising out of travel, carriage or accommodation within the Canada or which is otherwise not international; and
6.7.2 in accordance with any international convention (if any) governing such service, for all claims arising out of any other travel, carriage or accommodation.
6.8 Except as expressly stated above, we do not accept liability for any claim, whether arising in contract, tort (including negligence) or otherwise, for any consequential, indirect or special loss or damage however arising.
6.9 Nothing in these booking conditions affects your statutory rights as a consumer.
6.10 Where your loss or damage is due to the acts of our agents, suppliers or contractors, our acceptance of liability is subject to you assigning to us any rights you may have against them and to your co-operating with us fully in any legal action we may take against them.
6.11 We accept responsibility for ensuring a course or accommodation is supplied as described in our brochure or other promotional materials (subject to clause 6.1 above). If it fails to comply, in whole or in part, with any such description, we will pay you appropriate compensation (compensation payable will depend on nature and extent of mis-description).
6.12 The availability of facilities advertised cannot be guaranteed as they may be dependent on local weather conditions or may close due to circumstances beyond our control including but not limited to public holidays or routine maintenance. In such instances, we cannot give refunds but if we are aware of any facilities not available prior to departure, we will advise you accordingly.
6.13 We cannot accept any liability for any delay, however caused, in your outward or inward flights and we will not give any refunds or compensation in relation thereto.
7. COMPLAINTS 7.1 If you wish to make a complaint during your trip you should inform Ride On Whistler as soon as possible. We will investigate any complaints and try to resolve them as quickly as possible.
7.2 If your complaint is not resolved satisfactorily during your stay you must write to our office within 28 days of the end of your course or accommodation package for your complaint to be considered. ROW will only deal with correspondence from the person on the Instructor Course or Accommodation Package.
8.1 ROW will hold the clients’ deposit, and reserve the right to further charge the clients’ credit card for up to one week after the duration of the clients’ stay. In the event damage has been inflicted on the property, or fines incurred due to the clients actions, the associated costs will be first deducted from the clients deposit and any excess will be charged to the clients’ credit card.
8.2 If ROW or the homeowners receive strata fines as a result of the clients’ actions, the client is responsible for paying the strata fine in a timely fashion. ROW may choose to deduct fines for which they deem the client responsible from the clients’ deposit.
8.3 If the client is aware of other clients breaking the House Rules (see House Rules addendum) it is their responsibility to report rule breaking to ROW. Failure to do so may result in the loss of the clients deposit.
8.4 It is the clients’ responsibility to report any damage to the property to ROW in a timely fashion. Failure to do so may result in the client being responsible for further damage caused to the property as a result of the original damage.
8.5 If costs described in 8.1 to 8.4 are not solely incurred by the client, the cost will be divided between the group of clients with access to the property; unless the client/s responsible can be determined and accepts the full cost.
8.6 The House Rules must be adhered to. The client agrees to a “three-strike rule” whereby if the client breaks a House Rules three times (either the same rule thrice or three separate rules) they have 24hrs to vacate the property and any refund/returning of deposit will be at the discretion of ROW.
9. VISA 9.1 It is your responsibility to be in possession of a valid 10-year passport and an appropriate visa if required.
10. MEDICAL CONDITIONS 10.1 It is a condition of a course or accommodation package that you must inform ROW of any pre-existing medical conditions. If at any time during the course or accommodation package your medical condition should change it is your responsibility to keep ROW informed.