Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between the World Expeditions Monde Ltd trading as On Water Expeditions hereafter referred to as OWE and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by OWE. In these terms and conditions reference to “OWE representatives” means tour leaders and staff of OWE and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them. Please note that additional terms and conditions apply as set by the ship operators. These supplementary terms are included as an appendix to this agreement and form an integral part of the terms and conditions governing your participation in the tour.

By completing and submitting the Booking Form you affirm that you:

• are over the age of 18 and legally competent to give the waiver, release and indemnity contained in it;

• understand that this document is contractual in nature, has legal effect and is not merely a warning nor provided for information purposes;

• understand that OWE have relied upon your execution of the document in allowing your and/or your child’s participation in the tour.

Where this document is signed for a participant under 18 years of age, then the parent/guardian signing this document covenants in terms of conditions 17 and 18, in respect of any claim, liability or cause of action that arises out of or is incidental to the child’s participation in the tour.

1. How to Book

To reserve your place on a tour/s, you must complete the Booking Form online and pay a non-refundable deposit. Deposits vary by trip and range from 25% to 40% of the selected cabin cost per person. Please refer to the individual trip notes for details.

2. Prices

The prices quoted represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the balance payment due date, a small group surcharge will be offered to ensure the trips operation. Refer to the trip notes for all tour inclusions and exclusions. Once you have paid a deposit for your trip any subsequent discounts or price reductions that are advertised may not be retrospectively applied. OWE will try its utmost not to increase tour prices, however, sometimes increases are outside its control and OWE reserve the right to amend tour prices accordingly. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services, exchange rate fluctuations, increased fuel costs, airfares, airport charges, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date. Should the increase of your tour price be greater than 7% of your original tour price, you have the right to cancel your trip and obtain a refund of the monies you paid OWE for your tour. You will not be entitled to claim any additional amounts or seek any compensation for any loss, expenses or damage (either direct or consequential) which may result from such cancellation, including but not limited to visa, passport and vaccination charges, gear purchase, airline tickets, airport and airline taxes.

3. Payment

The balance of the tour price is payable to OWE 120 days prior to departure. Prices are quoted in US dollars (unless otherwise specified) and all payments must be made in the currency quoted on our website. If payment of the balance of the tour price is not received by OWE by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 4 will apply.

4. Cancellations

If you wish to cancel your tour, you must notify OWE in writing whereafter the cancellation will take effect subject to the following:

• If cancellation takes place more than 120 days prior to your departure date, you will forfeit the full deposit amount.

• If cancellation takes place less than 120 days prior to your departure date you will be required to pay the full cost of the tour. Variations to the conditions outlined in conditions 3, 4 and 5 may apply subject to the voyage provider and are outlined as an appendix to this agreement.

The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to OWE by you, may be recovered from you by OWE as a debt due and payable.

5. Amendments/Transfers

AMENDMENTS: To make amendments to your tour arrangements, you must notify OWE in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment.

TRANSFERS:

Transfers will not be allowed unless received in writing by WE, not less than 120 days prior to the departure date. Transfers will only be accepted if you are transferring to another voyage with the same operational partner that departs in the same season. If the transfer is agreed to by OWE, a fee of USD$500 per person will apply unless your request for transfer is made within 120 days of your departure date in which case the cancellation penalties listed above will apply.

Note: Any transfer from one tour to another is subject to availability and the agreement in writing of OWE, however, the transfer of a trip from one person to another is not permitted.

6. Health & Fitness Requirements

You must be in good health and physical condition and are strongly advised to follow our pre departure fitness training recommendations. Depending on your medical circumstances, you may be required to submit our medical questionnaire as proof that you are fit enough to participate in the tour 120 days prior to departure. The boat operator may have their own medical requirements which you will be required to adhere to. Tours take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility, but insurance may cover you depending on the circumstances. OWE reserve the right in its absolute discretion to refuse a participant the right to participate on a tour and our standard cancellation terms will apply in these circumstances.

7. Medical Disclosure

You declare and warrant that:

• you are in good health and mental and physical fitness at the time of booking this tour;

• you have disclosed to OWE every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to OWE’s decision to permit you to go on the adventure tour;

• immediately upon any adverse change in your health or fitness that may be likely to affect OWE’s decision to permit you to go on the adventure tour, you will notify OWE in writing of any such adverse change;

• you acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and for the duration of the tour;

• OWE are permitted to disclose medical information to our consultant doctor for an opinion;

• OWE’s consultant doctor may exclude you from a tour if he/she deems it necessary;

• you have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to;

• you have taken out a travel insurance policy that adequately covers you for medical eventualities including cover specifically for any pre-existing medical conditions.

8. Tour Leaders

OWE tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, he or she may exclude you from the tour. In this event, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the tour leader considers, in his or her sole discretion, that your behaviour or your fitness or mental or physical health is likely to cause danger, distress or annoyance to others, he or she may direct you not to continue and you must follow the tour leader’s instructions. In this case you will not be entitled to any refund.

OWE reserve the right to change, at any time, the tour leader of any tour. If that happens, OWE will try to ensure that the alternative tour leader has expertise commensurate with that of the original tour leader. Any such change by OWE will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.

9. Complaints

If while during your trip you have a problem, please bring this to the immediate attention of the tour leader or relevant supplier (eg. Transport provider, hotelier). If your complaint is not resolved to your satisfaction, please contact your OWE consultant by email or phone and they will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing to our Operations Department at your local OWE office using the recommendations set out in our ‘Complaint Handling and Dispute Resolution Policy’ as detailed at www.worldexpeditions.com/complaints

10. Cancellation due to tour booking numbers

OWE reserve the right to cancel the tour where a trip has not reached minimum numbers. In case of a tour cancellation, you will be given a full refund of payments made by you to OWE. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from such cancellation including but not limited to visa, passport and vaccination charges, gear purchases or non-refundable flights and taxes.

11. Route changes, Postponement, Cancellation or Delay

OWE reserves the right to either before or during a tour:

• cancel or modify any routes within the tour or objectives set out in the itinerary; or

• substitute different or equivalent routes within the tour in place of cancelled or modified routes, or

• postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of OWE, it is necessary to do so due to inclement weather, snow or icy conditions or circumstances that are known to us and are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of OWE, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or any aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by OWE. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.

12. Itineraries and brochures

Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by OWE. The information contained on OWE’s website, trip notes and pre departure information is to the best of OWE’s belief, correct at the date of publishing.

13. Insurance

Personal travel insurance is not included in the tour price. It is a condition of booking a tour with OWE, and your responsibility to ensure that you are adequately insured for the full duration of the tour in respect of illness, pre-existing medical conditions, injury, death, loss of baggage and personal items , evacuation, cancellation and curtailment. You must provide evidence to OWE that you have obtained personal travel insurance covering all of the activities in which you expect to participate. If you do not, for any reason, provide satisfactory evidence of suitable personal travel insurance, OWE may in their discretion cancel your tour and refund the tour price you have paid less cancellation fees and any other non-recoverable costs OWE have incurred.

14. Proof of citizenship or information required to travel

It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation (ie. visas) or failure to provide information. It is a requirement of many countries that your passport is valid for six months beyond the date of your return home to your home country and it is your responsibility to check you have such validity.

15. Airlines and other transport providers

Any material published by OWE, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. If an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by OWE. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.

16. Force Majeure

If OWE are prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside OWE’s reasonable control, WE will be under no liability whatsoever to you and may, at its option, by written notice to you, cancel the tour wherein condition 4 will apply in respect of cancellation charges.

17. Assumption of risk

You acknowledge and agree that:

• by the very nature of adventure travel holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;

• in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;

• the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;

• the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and

• you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.

18. Exclusion of Liability

You acknowledge and agree that:

• To the fullest extent permitted by law and unless caused by the negligent or reckless conduct of OWE, OWE will not be liable for any claims, actions, loss or damage arising out of personal injury or death, or property damage, loss of service including consequential, exemplary or punitive damages which may arise in connection with your participation in any tour.

• OWE will not be liable for any breach of any law by any person with whom you travel on the tour; and

• you may not rely on any representations concerning the tour made by OWE which are not contained in these conditions.

19. Exclusion of liability from ACL guarantees

Under Subdivision B of Division 1 of Part 3-2 of the ACL, certain guarantees apply to the supply of services of the kind covered by these terms and conditions.

Under section 139A of the Competition and Consumer Act 2010 (Cth) (CCA), WE may exclude the application of the provisions of Subdivision B of Division 1 of Part 3-2 of the ACL in certain circumstances.

To the extent permitted by section 139A of the CCA, WE exclude the application of the provisions of Subdivision B of Division 1 of Part 3-2 of the ACL:

1. in respect of all recreational services, within the meaning of section 139A(2) of the CCA, provided by OWE pursuant to these terms and conditions;

2. limited to liability for:

a. death; or

b. a physical or mental injury of an individual (including aggravation, acceleration or recurrence of such an injury); or

c. the contraction, aggravation or acceleration of a disease of an individual; or

d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or affairs in relation to an individual

i. that is or may be harmful or disadvantageous to

the individual or community; or

ii. that may result in harm or disadvantage to the

individual or community,

3. but excluding liability for significant personal injury suffered by a person that is caused by the reckless conduct, within the meaning of section 139A of the CCA, of OWE.

20. Release, Discharge and Indemnity

To the greatest extent permitted by law you:

• unconditionally release, discharge and agree not to sue OWE in respect of any liability, claim or cause of action that may arise from any act, omission, default, failure or error on the part of OWE, (including any negl igent act, omission, default, failure or error) in respect of the supply of the recreational services to you;

• indemnify and will keep indemnified OWE from any liability, claim or cause of action that may be brought against OWE as a result of or in connection with any act, omission, default, failure or error on the part of OWE (including any negligent act, omission, default, failure or error) arising from or in connection with the supply of the recreational services;

• agree that in the event of your death, your estate and personal representatives, executors or administrators indemnify and will keep indemnified OWE from any liability, claim or cause of action that may be brought against OWE by your personal representatives, executors, administrators, dependants or any other person entitled to claim damages in respect of your death.

This condition 20 is limited to liability for:

• death; or

• a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or

• the contraction, aggravation or acceleration of a disease; or

• the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

*that is or may be harmful or disadvantageous to you or the community; or

*that may result in harm or disadvantage to you or the community.

22. Privacy

You permit OWE to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to OWE representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.

23. Waiver

A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

24. Severance of conditions

If any part of a condition is illegal, unenforceable, or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.

25. Jurisdiction

This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Ontario, Canada. Should any conflict arise out of the application of the present contract, the Court of the province of Ontario, Canada, will, at the exclusion of any other jurisdiction, proceed with all claims arising.

Appendix: Additional terms and conditions set by the ship operators. These supplementary terms are in addition to OWE terms and form an integral part of the terms and conditions governing your participation in the tour.