RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY BEFORE CLICKING ACCEPT OR DECLINE AT THE END OF THIS DOCUMENT!

TO: Magic Places Cycling Adventures Inc., HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, and their directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as “the Releasees”)

DEFINITION

I, as a person of the undersigned, hereby acknowledge, agree and understand that there are inherent risks and dangers attached to outdoor activities, and in particular to the sports mountain biking, road cycling, canoeing, kayaking, hiking, and other activities included in Magic Places Cycling Adventures Inc. tours. I agree to assume completely those risks and dangers of whatever nature. Moreover, I agree to assume solely full responsibility for all damage of any nature that I might cause to third parties. Moreover, in consideration of the acceptance of my registration at the event as a participant, and /or use of rental equipment like canoes, kayaks or bicycles and their equipment, I hold free and harmless from any liability the organizer, Magic Places Cycling Adventures Inc., its administrators, its organizer, its employees, its representatives; the BCMCA and Cycling BC, their representatives, and volunteers; Her Majesty the Queen in Right of Province of British Columbia; all sponsors and organizations involved in this event, as well as any other person or organization directly or indirectly involved in this event. I therefore forever waive my right to claim and my right of action against each and every person mentioned in the foregoing lines in relation with the occurrence of any loss, damage or injury of any nature that I might sustain regarding this event, before, during and after its happening.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH OUTDOOR ACTIVITIES, AND IN PARTICULAR TO THE SPORTS OF CANOEING, KAYAKING, HIKING, MOUNTAIN BIKING AND ROAD CYCLING AND RELATED OUTDOOR ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

I further acknowledge and agree that all expenses associated with an accident or emergency situation, rescue or first aid will be my responsibility and will not be covered by the Releasees.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in outdoor activities as defined in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in cycling activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES,AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF CYCLING AND OTHER OUTDOOR ACTIVITIES REFERRED TO ABOVE;

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in cycling and other outdoor activities;

This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and

Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of cycling and other outdoor activities, other than what is set forth in this agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SELECTING ‘ACCEPT’ IN THIS ELECTRONIC AGREEMENT, I AM  WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Magic Places Cycling Adventures Inc – Terms and Conditions Acceptance

Reserve on-line at www.magicplaces.ca or call us at (250) 661 0462.

Deposit $2000.00 per person, as indicated on Registration form for selected destination.

Deposit and balance due may be paid via:

• Online payment at www.magicplaces.ca;
• Interac e-transfer (email address:  info@magicplaces.ca);
• Personal check payable to Magic Places Cycling Adventures Inc. (Upon Request);
• Bank transfer/wire (Upon Request).

Rates are per person, based on double occupancy.  Single occupancy can be available for an additional cost.

As our trips usually are limited to small numbers and fill quickly, we recommend booking early.

Trip cost in CAD.  Payments for all non-Canadian residents residents may be requested via wire transfer in USD or Euro . In the event of currency exchange rate fluctuations, Magic Places Cycling Adventures Inc. reserves the right to adjust our published prices accordingly.

We can not confirm your reservation until we receive confirmation of your online registration, acceptance of Terms and Conditions, and a deposit to confirm your reservation.

Balance of the tour cost is due 30 days before the tour departure date. Balance due can be paid via same means as deposits. It is our clients’ responsibility to send in the balance due by the due date. If the balance due is not received by the due date, Magic Places Cycling Adventures Inc. will cancel your reservation. Our cancellation policy will apply and your space will be offered to clients on our waiting list.

STANDARD CANCELATION FEES (per person)

Our cancellation policy is based on the number of days prior to trips start date in which we receive your written cancellation notice. Please note, we must receive email/written notification of your cancellation within the number of days listed below. Your cancellation fee will be determined according to the terms outlined in the chart below. 

Fund transfers to an alternative trip or to a holding account for a future trip are only allowed before final payment due date (30 days prior to trip start), after which time our cancellation policy applies. If the alternative trip costs more than your original trip, you must pay the difference. Transfer policy does not apply to Private or Custom Trips. 

Race Package Deposits:  If your deposit is for a third-party organized race event which requires payment of a non-refundable race entry fee, your cancellation fee will include the cost of said race entry fee.

No exceptions are made to our cancellation policy, including weather and personal emergencies. We strongly encourage you to purchase trip insurance to cover you in the event that injury or illness causes cancellation of the entire or partial trip package. There is no refund for arriving late or departing early from a tour, nor for any meals, or services not used while on tour. Magic Places Cycling Adventures Inc. is not responsible for cancellations, amendments, or additional fees incurred by clients due to acts of nature, civil unrest, terrorism, strikes, work stoppage, force majeur, or inclement weather. Magic Places Cycling Adventures Inc. reserves the right to cancel a tour. While this is rare, in the event of cancellation, a full refund will be sent to the client and constitutes full settlement. Magic Places Cycling Adventures Inc. does not recommend the purchase of non-refundable airline tickets or non-refundable frequent flyers awards and is not responsible for expenses incurred such as pre-paid hotel reservations or non-refundable airline tickets or non-refundable travel awards.

FORCE MAJEURE

Neither party will be deemed in breach of this contract for any failure to perform or timely perform its obligations hereunder (excluding payment obligations*) to the extent such failure arises out of events or occurrences beyond the party’s control making it illegal or impossible for the party to perform (a “Force Majeure Event”). Force Majeure Events may include, but will not be limited to: acts of God; war; terrorist attacks in the area where the trip is located; governmental regulation, including quarantine of accommodations and facilities by the national, provincial or local governmental authorities with jurisdiction in the area; disaster; fire; recommendations by the World Health Organization (WHO) under the auspices of the International Health Regulations, Public Health Agency of Canada and/or a Provincial Health Agency against non-essential travel to, or for quarantine of, the tour’s location; the U.S. Centers for Disease Control (CDC) issuance of a Level 3 travel warning regarding travel to the tour location; strikes (other than those involving the employees of the party seeking the benefit of this section); civil disorder; or curtailment of transportation facilities which prohibit 75% or more of attendees from attending tour. If a Force Majeure Event causes it to be impossible or illegal for Magic Places to provide the facilities and services described herein, this contract may be terminated without penalty or the requirement to pay liquidated damages by written notice from the party whose performance is illegal or impossible to the other.

Single Room Supplements are available on most tours at the additional charge noted. Single supplements must be requested at the time of your initial reservation. Single rooms are limited and are confirmed on a space available basis. Please note: Single rooms, especially in Europe, may be smaller than double rooms.

If you prefer, we can pair you with a same sex roommate at no additional cost. If, at the time of booking, no roommate is available, we charge you half of the single supplement. If we subsequently pair you with a roommate, we will gladly refund your single supplement. A full single supplement is automatically charged to any reservation made within 30 days of a departure, or to any instance where double occupancy is no longer available. Please be aware that especially in smaller inns, shared rooms may include a double bed and rollaway bed.

Tours begin and finish at the designated places and times listed in your confirmation materials. Late/early arrivals and late/early departures are responsible for their own transfers to hotels, airports or train stations.

We strongly recommend cancellation and accident insurance to prevent any losses in case of illness, accident or otherwise.

Clients are responsible for selecting a tour suitable for their athletic ability. They are responsible for reading all pre-trip materials, informing us of any medical or dietary restrictions, signing our assumption of risk form, and obeying all safe biking rules. In connection with bicycle trips offered by Magic Places Cycling Adventures Inc., clients must wear a bicycle helmet while on tour. Magic Places Cycling Adventures Inc. reserves the right to decline or withhold service to any person who, for physical or other reasons, may endanger the well-being or enjoyment of the group. Magic Places Cycling Adventures Inc. is not responsible for the actions of our contracted service providers. Magic Places Cycling Adventures Inc. is not responsible for cancellations, amendments, or additional fees incurred by clients due to acts of nature, civil unrest, terrorism, strikes, work stoppage, force majeure, or inclement weather. Magic Places Cycling Adventures Inc. specifically notes that we are not responsible for the loss or theft of bicycles or any other equipment while on tour.

If you would like assistance with pre and post travel arrangements, Magic Places Cycling Adventures Inc.is happy to assist with flight suggestions, and pre and post-trip accommodations. For further information, please contact us at (250) 661 0462 or info@magicplaces.ca

We are constantly fine-tuning our trips and, on occasion, we may amend an itinerary to include a new hotel or different route. All efforts are made to keep any changes to a minimum, and our alternatives will be of the highest quality, as always offered by Magic Places Cycling Adventures Inc.

Magic Places Cycling Adventures Inc. respects your privacy. We never sell your address or private information to commercial entities. If you are receiving multiple copies of our e-mails or brochures, or if you no longer want to receive communications from us, please contact Magic Places by phone or e-mail and we will revise your address.

Magic Places Cycling Adventures Inc.
Suite 102, 110-174 Wilson St
Victoria, BC Canada V9A 7N7

Contact us via:

Phone: +1.250.661.0462
Email
Contact Form