MTL DETOURS TERMS & CONDITIONS
Thank you for choosing our walking tour services! These are the Terms and Conditions that will apply to your booking with MTL Detours. Please read them carefully as they govern your use of our services and you will be bound by them. By purchasing and participating in a walking tour with us, you are agreeing to these terms and conditions. Participation in an MTL Detours tour by a person who is not yet 18 years old indicates that a parent or legal guardian has also read and consented to Terms and Conditions.
1. Booking and Payment: To secure your spot on one of our tours, we require full payment at the time of booking. Payment can be made by credit card.
2. Private Tour Policies: Private tour policies that may differ from these will be specified prior to your booking.
3. Minimum Number of Guests to Run a Tour: Our small-group public tours generally require a minimum of 2 participants to run as scheduled. In the unfortunate event that we do not meet the minimum number of guests to run a tour, we’ll contact you at least 24-48 hours beforehand to discuss options. Where possible and pending availability, you may have the option of rescheduling your tour to a different tour or to another date or time at no charge. If we are unable to place you on another tour, we’ll refund your money in full.
4. Lateness Policy: We provide multiple email confirmations as a reminder for your tour, location and start time. Our tours start on time and if you are running late and unable to meet your tour guide on time, we may have to leave without you to not unfairly keep our other guests waiting. Please communicate with us by phone, email, text if you are running late or having difficulty finding the meeting location. We will do our utmost to assist you and try to help you to join the tour in progress. MTL Detours does not provide refunds, partial credits, expense reimbursements related to additional travel costs, or provide the opportunity to reschedule your booking due to lateness and/or a missed tour due to lateness. It is your responsibility to arrive on time at the correct location so please plan accordingly. If you have any questions whatsoever related to your tour, please contact us.
5. Weather Policy: Our tours operate in all weather conditions and temperatures – rain or shine or snow. It is your responsibility to dress for the weather conditions, so please prepare accordingly and wear appropriate attire. In the event of extreme weather conditions or other unforeseen circumstances, we reserve the right, at our discretion, to cancel or reschedule a tour or modify the itinerary.
6. Changes: If you need to make changes to your reservation, please contact us as soon as possible. Change requests must be made a minimum of 48 hours in advance, are subject to availability and may be subject to additional fees. Our tours operate rain or shine. Date/time change requests, refund or cancellation requests due to weather are not accepted. We reserve the right to make changes to the tour itinerary, start time, or location due to unforeseen circumstances such as weather conditions, road closures, or other events that may affect the tour. If we need to make changes to the tour, we will notify you as soon as possible.
7. Transfer of Tour Spots: If the person/party who made the booking is unable to attend, you can transfer your spots to others pending prior approval from MTL Detours and without penalty. You agree to provide the names and contact information of the new guests prior to the start of the tour. Should you be unsuccessful in transferring your spots to others, our cancellation policies apply.
8. Cancellation & Refund Policy: Our small-group tours are 100% refundable up to 48 hours before the tour start time. If you cancel less than 48 hours ahead of time or do not show up for the date and time that you booked (no-show), unfortunately, any sums paid will be 100% non-refundable. No-shows, bookings for incorrect dates/times and late arrivals are not eligible for refunds. We can try to fit you onto another tour, pending availability, but cannot guarantee this option. If you can’t make it, please contact us in advance to notify us of your absence. Our tours operate rain or shine. Date/time change requests, refund or cancellation requests due to weather are not accepted. A tour may only be cancelled by us, at our discretion, with a full refund in the case of severe or dangerous weather or unforeseen circumstances. Please note that the cancellation policy for private and custom tours can vary and will be specified at time of booking.
9. Code of Conduct: We expect all participants on our tours to behave respectfully towards our tour guides, other participants, and any members of the public encountered during the tour. We reserve the right to terminate the tour for any participant who is acting in a disruptive or disrespectful manner. We also reserve the right to remove participants who do not comply with instructions or rules.
10. Voluntary Participation: You understand and confirm that your participation in an MTL Detours tour is voluntary. You are in good health and suffer from no physical or mental condition that would make you especially susceptible to injury or disability while participating in an MTL Detours tour.
11. Comprehension of Risk: You fully comprehend and accept all of the risks associated with your participation in an MTL Detours tour including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. You understand that an MTL Detours tour takes place in public venues under conditions largely beyond MTL Detours’ control. Our walking tours are conducted on public roads and pathways. As such, there are inherent risks involved in walking in a public setting. You acknowledge that you are aware of these risks and will assume all responsibility for your own safety and well-being.
12. Assumption of Risk: You assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with your participation in an MTL Detours tour. You accept personal responsibility for any liability, injury, loss, or damage in any way connected with your participation in an MTL Detours tour. We are not liable for any loss, damage, or injury that occurs during the tour. We are not responsible for any loss or damage to personal belongings during the tour. You are responsible for your own safety and are required to follow the instructions and guidelines provided by the MTL Detours tour guide.
13. Release of Liability: Limitation of Damages. You hereby forever and unconditionally release MTL Detours and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of your participation in an MTL Detours tour, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. MTL Detours’ liability to you will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall your damages in connection with your participation in an MTL Detours tour be greater than $500 CAD. Recovery of such an amount shall be your sole and exclusive remedy. All liability arising out of your participation in an MTL Detours tour is cumulative and not per incident. In no event shall MTL Detours be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if MTL Detours and the Released Entities have been informed of the possibility thereof. These Terms & Conditions shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity.
14. Health and Safety Policy: Our tours require a level of fitness that allows participants to be able to walk up to 2 hours continuously. Participants with medical conditions or physical limitations that may affect their ability to participate in the tour should consult their physician before booking. We are not responsible for any health issues that may arise during the tour. You are responsible for your own health and safety during the tour and should take appropriate precautions, including, for example, bringing water, sunscreen, and appropriate clothing.
15. Consent to Medical Treatment: You authorize MTL Detours to provide to you, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon MTL Detours to provide such assistance, transportation, or services. MTL Detours is not responsible for any fees or financial debts incurred by such services.
16. Intellectual Property: All content and material used in our tours, on our website and in promotional materials is our property and may not be used without our permission. All content on our website, including text, images, and videos, is the property of our company and is protected by Canadian and International copyright laws. You may not copy, reproduce, or distribute any of our content without our written permission.
17. Photography and Filming: Participants may take photos and videos during the tour, but these should not disrupt the tour or other participants. It is strictly forbidden to film a tour experience in its entirety without our express permission. We reserve the right to use any photos or videos taken during the tour for promotional, social media or commercial purposes.
18. Promotional Photo and Video Release: You hereby grant to MTL Detours the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of your participation in an MTL Detours tour, in which you may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). MTL Detours has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). You agree that MTL Detours is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. You further grant to MTL Detours an irrevocable, royalty-free, worldwide license to use the Materials in perpetuity.
19. Severability: If any provision in these Terms and Conditions is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, these Terms and Conditions will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
21. Third Party Reseller Bookings: These Terms and Conditions shall apply to any bookings made through Third Party Reseller sites known as OTA’s (Online Travel Agencies) such as Viator, TripAdvisor, GetYourGuide, Airbnb Experiences, etc…and others not explicitly listed herein.
22. Governing Law: These terms and conditions are governed by the laws of Quebec, Canada. Any disputes or litigation arising from these terms and conditions shall be brought solely within the province of Quebec and shall be within the exclusive jurisdiction of Quebec. Any disputes will be resolved in accordance with Quebec and Canadian law.
THESE TERMS AND CONDITIONS CONSTITUTE A WAIVER AND RELEASE OF LIABILITY. YOU HAVE READ this entire document. YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY Agreeing to its provisions. By booking and continuing to participate in an MTL Detours tour, you are indicating your understanding and voluntary agreement to the provisions of this WAIVER AND RELEASE OF LIABILITY. Participation in an MTL Detours tour by a person who is not yet 18 years old indicates that a parent or legal guardian has also read and consented to this waiver.
Thank you and we look forward to showing you the best of Montreal on one of our walking tours!
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