Fresh Tracks Canada Terms and Conditions

Thank you for selecting Fresh Tracks (Canada) Inc. (“Fresh Tracks”) to assist in planning your trip. Booking travel, accommodation, insurance, or other products or services (“Travel Services”) through Fresh Tracks constitutes an agreement between you and Fresh Tracks. These terms and conditions are an integral part of that agreement. They impact your legal rights, including your right to litigation. Please ensure that you have thoroughly read and understood these terms and conditions.

1. Agency

   1.  Fresh Tracks acts exclusively as the agent for the suppliers of the services arranged for you (“Travel Suppliers”). Many, if not all, Travel Services related to your booking are provided by independent service providers. Fresh Tracks exercises no control over Travel Suppliers.
   2. Fresh Tracks assumes no legal liability or responsibility for any Travel Services provided by Travel Suppliers. If Travel Suppliers cannot provide contracted Travel Services, your recourse lies solely with them.
   3. While we rely on information provided by Travel Suppliers to assist you in making informed decisions, we cannot guarantee its accuracy. Personalized requests (e.g., seat or room assignment) cannot be assured. Departure times, accommodations, and/or other Travel Services may change post-booking. We do not represent that any Travel Services will be suitable for you.

2. Additional Terms and Conditions

   1. By making a booking, deposit, or payment for Travel Services through us, as the agent for one or more Travel Suppliers, you agree to the terms and conditions of each Travel Supplier. Please review all applicable terms and conditions belonging to each Travel Supplier carefully. Travel Suppliers’ terms and conditions may be found on their websites, in their printed materials, and are available from them upon request.

   2. Certain Travel Suppliers may require you to sign a liability waiver or agree to certain terms before participating in specific Travel Services. Failure to agree to terms or sign waivers may result in cancellation of Travel Services or forfeiture of payments.

3. Authority

   1. You represent and warrant that you are at least 19 years of age and possess the legal authority to enter into this agreement in accordance with all terms and conditions herein on behalf of yourself and on behalf of all others for whom you are booking any Travel Service.
   2. You agree to inform all users of the Travel Services you have booked that these terms and conditions apply to all Travel Services arranged on their behalf and will be binding upon them.
   3. Should you not have the authority warranted or fail to provide the agreed notice to those for whom you book Travel Services, in breach of these terms and conditions, or should you book Travel Services for a minor, you agree to defend, indemnify and hold Fresh Tracks and its employees, servants and agents harmless from any and all claims in any way arising from any Travel Services you have booked.
      
      

4. Liability Release, Agreement Not to Sue and Indemnity

   1. Fresh Tracks makes no representations or warranties of any kind, express or implied, regarding the suitability, reliability, availability, or accuracy of the Travel Services. Your reliance on the Travel Services is at your own risk.
   2. While we endeavor to provide accurate and up-to-date information, Fresh Tracks cannot guarantee the completeness, accuracy, reliability, or quality of all information provided, including pricing information. We reserve the right to correct any errors, inaccuracies, or omissions, and to adjust prices and rates as necessary.
   3. You understand that travel and participating in the Travel Services can involve dangers and inherently risky activities that may result in death, personal injury, loss or damage to property, delay, inconvenience, cost, expense, and other loss.
   4. While Fresh Tracks makes every effort to deal with the most reputable providers of Travel Services, Fresh Tracks is not liable for any act, representation, negligent or willful act or failure of any Travel Supplier or of any third party.  Travel Services may also be subject to the terms and conditions of individual Travel Suppliers, and their liability may, in turn, be limited by their tariffs, conditions of carriage, tickets and vouchers, international conventions and other provisions.
   5. Notwithstanding any other provision in these terms and conditions, Fresh Tracks is not responsible for any accident, physical or mental injury, death, inconvenience, loss of enjoyment, distress, delay, or loss or damage to any property in connection with the provision of any Travel Services whether resulting from the acts, negligence, or representations of Fresh Tracks or of any of its servants or agents or otherwise.
   6. Further, notwithstanding any other provision in these terms and conditions, Fresh Tracks, its employees and agents shall also under no circumstances be liable for any indirect or consequential losses, loss of revenue or profit, costs, expenses, delays, inconvenience, loss of enjoyment or emotional upset, no matter how caused, whether or not due to any act, omission or negligence of Fresh Tracks or its employees servants or agents.
   7. Further, and notwithstanding any other provision in these terms and conditions, under no circumstances shall Fresh Tracks be liable for any loss or damage arising directly or indirectly from acts beyond the direct control of Fresh Tracks including but not limited to acts of God, weather, natural disaster, illness, pandemics, disease, COVID-19, quarantine, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, government action, theft, criminal or terrorist activities of any kind, accident or mechanical issue or other failures of any means of transportation or other equipment, supplier insolvency or any other event not reasonably foreseen.
   8. Should any portion of the Liability Release, Agreement Not to Sue and Indemnity contained in this section be found unenforceable for any reason, all liability of Fresh Tracks shall nonetheless be limited to the lesser of the total price of the Travel Services purchased or $5,000 Canadian Dollars.
   9. In booking the Travel Services provided by Fresh Tracks, you agree to defend, indemnify, and hold harmless Fresh Tracks, its employees, and agents from any claims, damages, or losses arising out of your use of the Travel Services or any breach of these terms and conditions, on a solicitor and client basis. 
      
      

5. Price and Rates

   1. Prices and rates quoted by Fresh Tracks are subject to change without notice until a Booking Deposit has been paid.
   2. All prices and rates quoted by Fresh Tracks are in the currency specified in the quotation unless otherwise agreed. Unless otherwise stated, prices and rates do not include taxes and additional fees, surcharges, or gratuities. All applicable fees will be outlined in our quotation for the Travel Services.
   3. Unless expressly detailed in the quotation for Travel Services provided, the Travel Services do not include travel to a departure point, airfares, travel insurance, baggage charges, airport fees, taxes, gratuities, extra meals, ferry tolls, park fees, laundry, alcoholic drinks, optional tours, porterage, or any items of a personal nature.
   4. Fresh Tracks will make every effort to honor quoted prices and rates for confirmed bookings. In some circumstances we may need to adjust prices and rates and we reserve the right to do so in our sole discretion. We will notify you of any such changes as soon as possible.
      
      

6. Deposits

   1. Trip Development Deposit A non-refundable deposit (“Trip Development Deposit") of USD$150 per person deposit may be required for itinerary changes beyond your initial quote. This deposit will need to be paid along with all other amounts that are due upon booking.
      
      
   2. Booking Deposit To secure your reservation for Travel Services, a non-refundable (“Booking Deposit”) of 30% of the total cost (including taxes and fees) is required at the time of booking. In some cases, certain Travel Services may require a higher deposit, which will be communicated prior to booking.

7. Payment

   1. All Travel Services must be fully paid for at least ninety (90) days prior to the commencement date, unless specified otherwise ("Final Payment").  Failure to provide Final Payment may result in the cancellation of Travel Services without prior notice. In lieu of interest, late Final Payments will result in a late fee of 15% or 2% per month or 24% per annum, whichever is greater. 
   2. All deposits, payments, and fees pertaining to Travel Services or insurance are non-refundable. Fresh Tracks bears no responsibility for refunds or additional costs incurred, including flight change expenses, should a participant fail to attend at a required time or place, irrespective of the circumstances.
   3. We accept VISA, MasterCard, and AMEX payments in both United States Dollars and Canadian Dollars. Payments made via wire transfer or cheque must also be in the same currency as the quoted price for Travel Services.
      
      

8. Bookings made within ninety (90) days of departure

   Bookings made within ninety (90) days of departure may require additional fees and full payment on booking.
   
   

9. Changes to Bookings 

   1. Upon confirmation of your Travel Services booking, a Change Fee is required for any adjustments made to each individual travelers' itinerary. Before the Final Payment deadline, Change Fees are USD$100 per traveler. Following Final Payment, Change Fees escalate to USD$250 per traveler. Not all change requests can be accommodated.  All “Change Fees” are subject to applicable taxes and any supplementary charges levied by our Travel Suppliers.
   2. Decreases in the number of travelers on a booking, alterations to traveler names, or modifications to trip dates will be regarded as cancellations and all amounts paid in relation to such bookings are non-refundable.
   3. All changes to an itinerary are subject to the current pricing of the applicable Travel Services as of the date of the change.
      
      

10. Cancellation, Change, or Substitution by Fresh Tracks

    Fresh Tracks reserves the right to cancel, change, or substitute Travel Services at its sole discretion, for any reason, with no obligation to substitute services. We may try to substitute comparable services but have no obligation to do so.
    
    

11. Insurance

    1. Participants are strongly advised to purchase medical and cancellation insurance. Fresh Tracks offers competitive insurance options, subject to additional terms.
    2. All insurance products provided through Fresh Tracks are subject to additional terms and conditions. Please review the wording of all insurance policies, including all warranties, conditions, and limits carefully. 
    3. A select number of Travel Services have mandatory insurance coverage requirements due to the nature of the activity. Please read quote documentation thoroughly to ensure compliance.
       
       

12. Physical/Mobility Restrictions

    1. Please notify Fresh Tracks of any restrictions before booking Travel Services. While we strive to accommodate, we bear no responsibility if we are unable to do so.
    2. Fresh Tracks and our Travel Suppliers reserve the right to refuse participation in Travel Services for the safety and comfort of our guests. It is your responsibility to ensure all Travel Services provided by Fresh Tracks are suitable for your own unique requirements.

13. Fresh Tracks Electronic Travel Documentation

    Electronic Travel documentation will be provided approximately thirty (30) days before departure, subject to the timely provision of all necessary information related to your trip itinerary or pre-departure plan. Please note that for bookings made within or less than ninety (90) days prior to departure, there may be delays in the delivery of travel documentation.
    

14. Passports and Travel Documentation 

    1. Visitors to Canada are required to possess a valid passport for entry.  Some foreign nationals may also require a visa and other documents to enter. Travelers are advised to verify visa requirements with the relevant Canadian authorities prior to booking any travel services.

    2. It is imperative that you verify the validity of your passport, ensuring it extends well beyond your intended return date and complies with any and all other relevant Canadian entry requirements.  Fresh Tracks is not responsible for any missing or incorrect documentation or your failure to meet any entry requirements.

    3. If you have any questions or concerns with respect to your ability to enter Canada, please consult Immigration and Citizenship Canada or the relevant Canadian authorities in your home country.

15. Severability
    

    These Terms and Conditions are severable. If any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
    
    

16. Notice and Claims 

    1. Fresh Tracks is dedicated to ensuring customer satisfaction. If you encounter any difficulties or issues, please inform us promptly so that we can attempt to address your concerns.
    2. If our attempts to resolve your concern prove unsuccessful, and your claim falls outside the scope of the Liability Release, Agreement Not to Sue and Indemnity agreed above, you agree that any claim related to any Travel Services arranged through Fresh Tracks is null and void unless written notice is provided within sixty (60) days of the completion of Travel Services. Additionally, arbitration proceedings as detailed in the provision below must be commenced within one (1) year of the date the Travel Services were competed, or if not completed, within one (1) year of the date they were originally scheduled to have completed.
       
       

17. Arbitration

    Any dispute, failure to agree or claim arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, will be finally resolved by arbitration under the applicable Rules of the British Columbia International Commercial
    Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The tribunal will consist of one arbitrator appointed in accordance with the said Rules. Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any court. The seat/place of arbitration will be Vancouver, British Columbia.
    
    

18. Governing Law and Jurisdiction

    This agreement is governed by and shall be construed and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable within that Province.

19. Data Protection

    1. By providing personal information to Fresh Tracks, you consent to the collection, use, and disclosure of such information in accordance with the Privacy Statement available on our website.
    2. We are committed to protecting your privacy and ensuring the security of your personal data. Please refer to our Privacy Statement for more information on how we collect, use, and protect your personal information.