Terms & Conditions

Cape Race: The term Cape Race refers to Cape Race Cultural Adventures Inc., a Newfoundland and

Labrador corporation. All trips are offered subject to Cape Race’s standard terms & conditions found in

this document. Please review the terms and conditions carefully prior to completing your reservation.

By placing a deposit toward your trip purchase you are accepting these terms and conditions.

THIS AGREEMENT RELEASES CAPE RACE CULTURAL ADVENTURES FROM LIABILITY – PLEASE READ

IT CAREFULLY.

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 15%.

TRIP CANCELLATION

Special COVID-19 Terms*: Any deposits placed on a Cape Race trip will be protected. The trip can be

deferred to a later date or credited towards to a new trip or a third party up to 2 years after original

departure date as a result of COVID-19 issues. COVID-19 logistical restrictions such as quarantine or

prohibited travel are covered under these special terms.

If you have to cancel your reservation, the fees are:

Anytime prior to 120 days before departure: 25% of trip price

120 days or more before departure: 50% of trip price

0-119 days before departure:100% of trip 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 DISCLOSURE OF ALL DISABILITIES 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 CAPE RACE

Cape Race 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. Cape Race 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. Cape Race 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

Cape Race 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 Cape Race

travellers are well taken care of, and companies that have been marketed and promoted by the

Provincial Government of Newfoundland and Labrador. Cape Race is not liable for any injury, expenses

or costs arising from any services, or lack thereof, provided by any third party.

HEALTH

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 Cape Race 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

Cape Race reserves the right to charge your credit card up to $5000 for any theft or damages to Cape

Race property.

INSURANCE

A CAPE RACE TRIP PRICE DOES NOT INCLUDE TRIP CANCELLATION OR ANY OTHER TYPE OF

INSURANCE COVERAGE. CAPE RACE 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.

CANADIANS CAN PURCHASE TRAVEL INSURANCE AT MOST CANADIAN BANKS PRIOR TO

DEPARTURE.

TRAVELLER RESPONSIBILITY

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 Cape Race has no control.

LIMITATION OF LIABILITY, RELEASE AND INDEMNITY

To be eligible to take a Cape Race 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 Cape Race endeavours to

choose appropriate independent suppliers to provide services on the trips, Cape Race has no right to

control their operations and therefore makes travel arrangements for you on the condition that Cape

Race 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 Cape Race trips is based on travellers agreeing to this Limitation of Liability, Release and

Indemnity and your placement of a deposit on a Cape Race trip binds you to this agreement. In

consideration for participating in the trips, travellers agree not to sue Cape Race and PERSONNEL 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 Cape Race. 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, Cape Race 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 Cape Race

Trip due to any cause whatsoever on the part of any one or more of Cape Race, 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 Cape Race trip I am aware of the risks inherent in trail walking, hiking,

mountain 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, mountain 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, mountain 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,

mountain 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 Cape Race 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 CAPE RACE, ITS STAFF AND OTHER WALKERS, HIKERS AND MOUNTAIN

BIKERS, OR GUIDES: the conduct, including negligence, of Cape Race, its staff including its guides

and of all other trail walkers, hikers, adventurers and mountain bikers whether they are associated

with Cape Race 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 Cape Race 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 mountain biking and to determine whether a particular trail or

road is safe from the risk of avalanche or other hazards, it is not possible for Cape Race 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 Cape Race Waiver even if Cape Race 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 Cape Race 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 Cape Race Waiver by placing a deposit on a Cape Race trip, I am not relying on any

oral, written or visual statements of any kind, including promotional statements made by Cape Race

in Cape Race brochures, websites or other brochures or by any of the Personnel to induce me to go

on a Cape Race 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 Cape Race Waiver and that it will be binding upon my heirs,

next of kin, executors, administrators and successors.I agree that the Cape Race 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 Cape Race 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, zip lining, 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 Cape Race 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 Cape Race or their

employees, guides, shareholders, officers or directors. Cape Race reserves the right to decline

accepting or retaining any traveller whose health or actions in Cape Race’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 Cape Race, 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 Cape Race. 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 Cape

Race will be resolved exclusively in the courts of the Province of Newfoundland and Labrador and will

be governed exclusively by Newfoundland and Labrador law.