CapeRace Terms & Conditions
A CapeRace trip price does not include trip cancelation or any other type of insurance coverage. CapeRace strongly recommends the purchase of travel insurance to protect your trip investment in the event of medical emergencies, lost bags, a cancelled trip or any other unforeseen trip or pre-trip related event. Candians can purchase travel insurance at most Canadian banks prior to departure.
All travellers assume the responsibility to select or design the trip most appropriate to their physical abilities and interests. Travellers are responsible for being in sufficiently good health to undertake their trip; for obtaining the appropriate medical and cancellation insurance; for studying all pre-departure information; and for acting in a manner considerate of fellow travellers and the countries visited. Travellers assume full responsibility for all risks, including but not limited to any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation, or the participation of their family, in the trips, and for ensuring that they have adequate insurance coverage to cover any loss. We require that all travellers be at least 21 years of age on all trips apart from family departures. Any form of travel contains inherent risks and medical facilities and services may not be easily accessible and may not be sophisticated. There are other risks associated with the trips, such as theft or loss of or damage to property. Some of the services provided in connection with the trip, including lodging, transportation, food service, and local tours and activities, are obtained from independent suppliers over whom CapeRace has no control.
Limitation of Liability, Release and Indemnity
To be eligible to take a CapeRace trip, travellers must accept these risks and assume full responsibility for any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation, or the participation of their family, in the trips. TO BE INSURED, Travellers must have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage. Although CapeRace endeavours to choose appropriate independent suppliers to provide services on the trips, CapeRace has no right to control their operations and therefore makes travel arrangements for you on the condition that CapeRace will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
The cost of all CapeRace trips is based on travellers agreeing to this Limitation of Liability, Release and Indemnity and your placement of a deposit on a CapeRace trip binds you to this agreement. In consideration for participating in the trips, travellers agree not to sue CapeRace and PERSONELL in respect of, and forever release them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the trip – including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property – in each case even if caused in whole or in part by the conduct, including the negligence, of CapeRace. I waive any and all claims that I have or may in the future have against, and release from all liability and agree not to sue, CapeRace and any of their shareholders, directors, officers, employees, servants, hiking, high adventure activities and guides, agents, contractors, suppliers and representatives (collectively, the “Personnel”) for any personal injury, death, property damage or other loss that you sustain during or as a result of any CapeRace Trip due to any cause whatsoever on the part of any one or more of CapeRace, the Province of Newfoundland and Labrador, the Personnel or others, including:
(a) negligence (the meaning of which includes failure to use such care as a reasonably prudent and careful person would use under similar circumstances and failure to meet standards of care in the hiking, mountain biking and/or cultural adventure industry in the Province of Newfoundland & Labrador for the safety of hikers, mountain bikers and cultural adventurers);
(b) breach of any other duty imposed by law, including any duty imposed by occupiers liability or other legislation;
(c) breach of any contract; and
(d) mistakes or errors in judgment of any kind.
By placing a deposit on a CapeRace trip I am aware of the risks inherent in trail walking, hiking, mountian biking, adventure, whale-watching, fishing, iceberg-viewing and cultural activities to myself and persons of which I am the guardian of and I am aware that trail walking, hiking, mountian biking, adventure, whale-watching, fishing, iceberg-viewing and cultural activities has certain additional dangers and risks, including but not limited to:
ADVENTURE ACTIVITIES: trail walking, hiking, mountian biking, adventure, whale-watching, fishing, iceberg-viewing and cultural activities mountain biking, zip lining, climbing via ferrata and ropes courses where clothing or hair becoming caught in harness, carabineer or pulley system and fear or anxiety associated with heights or participation in the high adventure activity.
AVALANCHES, ROCK FALL, ICE FALL: which can occur in hilly terrain used for trail walking, hiking, mountian biking, adventure activities and may be caused by man-made structures, including without limitation, towers, stairs, bridges, platforms or other landing systems, rock walls, cables, swings, zip lines or bridges, or by natural forces including steepness of slopes, snow or ice depth, instability of the snowpack or rock or glacier, or changing weather conditions, or by adventurers or hikers, or by aircraft or helicopter or the failure for any reason of CapeRace or its staff to predict whether the terrain is safe for trail walking or hiking hiking or where or when an avalanche, rock fall or ice fall may or may not occur;
MOUNTAINOUS ROCKY AND STEEP TERRAIN: Some of these obstacles and hazards include rock crevasses, ice and snow cornices, tree wells, tree stumps, creeks, rocks and boulders, forest deadfall, holes and depressions, and varying and difficult snow and climbing conditions. These areas may also have dangerous man-made obstacles and hazards which may include rock walls, swings, zip lines, bridges, logging and other roads, steep road banks, fences and other structures. The areas used for trail walking, hiking or mountain biking may not have been travelled previously and are not regularly patrolled or examined. Because of forested areas, wild and rugged terrain or bad weather, trail walkers, hikers, mountain bikers and adventurers may become lost or separated from their guides or companions. Communication in this remote terrain is always difficult and, in the event of an accident, rescue and medical treatment may not be available;
WEATHER: weather conditions may be extreme and can change rapidly without warning;
WILD ANIMALS: which are unpredictable in nature and may attack mountain travellers;
WATERCRAFT: You are aware of the risks of the use of any watercraft for transport or adventure. The risks may include, but are not limited to, frigid water, unpredictable currents, submerged rocks and rock outcroppings, fallen trees, waterfalls, sinking, capsizing, swamping, uncontrolled drifting, and collisions with other craft or obstacles. I acknowledge that there is as a significant risk of injury or death from these hazards, including by drowning or from hypothermia or delay in rescue.
LAKE AND FLY FISHING: I am aware that fishing in fast flowing rivers and streams, large and small lakes, and ocean either by wading or in boats or floatation equipment, can have unforeseen dangers and hazards including slipping and falling on rocks beneath the surface or being swept away in rapids or fast moving water; and I also am aware of the risk of drowning if I become submerged while wearing fishing waders.
TRANSPORTATION TO AND FROM AREAS: I am aware of the risks associated with transport through cities, remote towns, mountainous and remote areas including rapidly changing road, highway and trail conditions and the risks of using aircraft, motor coaches, vans and taxis which may or may not be owned and/or operated by CAPERACE, ITS STAFF AND OTHER WALKERS, HIKERS AND MOUNTAIN BIKERS, OR GUIDES: the conduct, including negligence, of CapeRace, its staff including its guides and of all other trail walkers, hikers, adventurers and mountainbikers whether they are associated with CapeRace or independent hikers, adventurers or mountain bikers. By placing my deposit I assume and accept all the risks and dangers of trail walking, hiking, adventure activities, whale watching, fishing, iceberg viewing and mountain biking and the possibility of personal injury, death, property damage or other loss as a result. I agree that, although CapeRace and the Personnel may take precautions to reduce the risks and increase the safety of trail walking, hiking, whale watching, fishing, iceberg viewing, hiking and mountainbiking and to determine whether a particular trail or road is safe from the risk of avalanche or other hazards, it is not possible for CapeRace or the Personnel to make trail walking, hiking, adventure activities, whale watching, fishing and mountain biking completely safe or to predict with complete assurance whether the terrain is safe. I willingly accept these risks and agree to the terms of this CapeRace Waiver even if CapeRace or any of the Personnel are found in law to be negligent or in breach of a duty of care or any other obligation to me in their conduct of any CapeRace Trip.
I am aware that the enjoyment and excitement of adventure activities is derived in part from walking or climbing, riding or driving in wild, rugged, uncontrolled environments contributes to by the inherent risks of hiking, adventure activities and mountain biking.
Agreeing to this CapeRace Waiver by placing a deposit on a CapeRace trip, I am not relying on any oral, written or visual statements of any kind, including promotional statements made by CapeRace in CapeRace brochures, websites or other brochures or by any of the Personnel to induce me to go on a CapeRace Trip.
I confirm that I am of the full age of twenty-one years, that I have had sufficient time to read and understand what I am agreeing to in this CapeRace Waiver and that it will be binding upon my heirs, next of kin, executors, administrators and successors.
I agree that the CapeRace Waiver and the agreements it contains will be governed exclusively in all respects by and interpreted solely in accordance with the laws of the Province of Newfoundland & Labrador. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Newfoundland & Labrador and I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein. Any litigation to enforce this agreement or arising out of my CapeRace Trip and/or other experience shall be instituted in the Province of Newfoundland & Labrador and nowhere else.
I agree that the terms "trail walking" “adventure activities” "summer adventures" “mountain biking” “hiking” herein include rock climbing, climbing via ferrata or ropes, ziplining, walking, scrambling, ice climbing, skiing and other similar activities and the terms “adventurer” and "hiker" includes zip liner, walker, scrambler, rock climber, ice climber, climber via ferrata or ropes and skier.
Travellers further agree that they will indemnify and hold CapeRace harmless in respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the travellers; ii) the traveller’s family members, dependants or heirs, iii) third parties, which the traveller, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from CapeRace or their employees, guides, shareholders, officers or directors. CapeRace reserves the right to decline accepting or retaining any traveller whose health or actions in CapeRace’s sole judgment impede the operation of a trip or the welfare or enjoyment of fellow travellers. In further consideration for participating in the trip, travellers agree that CapeRace, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes, without any remuneration to the traveller. The traveller agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to CapeRace. This Limitation of Liability, Release and Indemnity is binding upon all members of the traveller’s family, dependants, estate, heirs, successors and legal personal representatives. Any claim or dispute arising out of or relating to this Limitation of Liability, Release and Indemnity or its interpretation, the trip, or the traveller’s relationship with CapeRace will be resolved exclusively in the courts of the Province of Newfoundland and Labrador and will be governed exclusively by Newfoundland and Labrador law.
CapeRace: The term CapeRace refers to CapeRace Cultural Adventures Inc., a Newfoundland and Labrador corporation. All trips are offered subject to CapeRace’s standard terms & conditions found in this document. Please review the terms and conditions carefully prior to completing your reservation
Corporate Offices located at 1661 Vandorf Sdrd Aurora Ontario L4G 7C1 709-351-6660
THIS AGREEMENT RELEASES CAPERACE CULTURAL ADVENTURES FROM LIABILITY – PLEASE READ IT CAREFULLY.
Terms & Conditions
Prices, Reservations and Payment
Our prices are in Canadian dollars. To reserve your trip, we require a deposit of 50% of the total tour cost. The balance of your payment is due 30 days prior to departure. If reserving your trip within 30 days of departure, full payment is required. Tour is subject to Newfoundland and Labrador’s Harmonized Sales tax of 13%.
If you have to cancel your reservation, the fees are:
Days before cancellation:
|Outside 91 Days||$500|
|31-90 Days||50% of tour price|
|0-30 Days||100% of tour price|
Disabilities: We are committed to the belief that medical conditions or disabilities shouldn’t prevent people from experiencing the joys of travel, but we rely upon the travellers to disclose this information to us at the time of booking. We will do everything possible to accommodate traveller conditions at a reasonable cost, including finding local companions to provide assistance, but in some situations we may require the traveller to be accompanied by a qualified companion for the duration of the trip. FULL DOSCLOSURE OF ALL DISABILITITES THAT MAY IMPACT NORMAL DAY TO DAY TRAVEL IS REQUIRED. Any traveller who fails to disclose such a condition at the time of booking may be removed from the tour at their expense and with the loss of any unused portion of the trip price.
Cancellation by CapeRace
CapeRace reserves the right to cancel any trip at any time for any reason. If this occurs, a refund of funds received will be full and final settlement. CapeRace is not responsible for any loss incurred on account of non-refundable or non-transferable air tickets.
Travel Documents and Passports
All non-Canadian travellers to Canada require a passport. It remains the responsibility of each traveller to verify that he or she has the appropriate travel documents for his or her nationality. CapeRace is not liable for any expenses or costs arising from any traveller being prohibited from entering Canada or the Province of Newfoundland.
Other Travel Services and Auxiliary Tours
CapeRace may recommend the services of other travel companies. We try hard to recommend only companies that provide the highest levels of service and work closely with them to ensure CapeRace travellers are well taken care of, and companies that have been marketed and promoted by the Provincial Government of Newfoundland and Labrador. CapeRace is not liable for any injury, expenses or costs arising from any services, or lack thereof, provided by any third party.
By placing a deposit toward your trip purchase, you certify that you do not have any physical condition or disability that would create a hazard for you or other travellers, and that you have received all appropriate or necessary vaccinations indicated by your proposed trip. Please consult your doctor.
Insurance:The trip price does not include insurance coverage, and CapeRace strongly recommends the purchase of travel insurance to protect your trip investment in the event of medical emergencies, lost bags, a cancelled trip or any other unforeseen trip or pre-trip related event.
Theft & Damages to Property
CapeRace reserves the right to charge your credit card up to $1000 for any theft or damages to CapeRace property.