Terms and Conditions
The following terms and conditions shall govern the contractual relationship between you (sometimes referred to herein as the participant[s]) and Richard Cavalleri Photography Inc. (hereinafter referred to as “RCPI”). These terms and conditions shall apply to all tours and/or workshops (hereinafter referred to as the “Trip”) involving you and RCPI in Canada and abroad:
Bookings and Payments
Trip bookings are strictly personal and must be accompanied, at the time of booking, by the required deposit or payment in full of the Trip price for each participant. Full payment of the Trip price is required 60 days before the Trip departure date in all cases. Required deposit amounts and Trip prices will be listed on the individual Trip information page on RCPI’s website. Without payment of the required deposit at the time of booking and full payment of the Trip price at least 60 days before the Trip departure date, no booking will be deemed confirmed.
Please note that Trip prices are based notably on tariffs, exchange rates and supplier fees in effect at the time of publishing, and RCPI reserves the right to alter its pricing at any time.
Cancellations and Refunds
If a participant wishes to cancel, he or she must send an email notification to firstname.lastname@example.org. Unless otherwise specifically provided herein, the following shall apply to each cancellation by a participant, regardless of reason, depending on the timing thereof:
- 91 days or more before departure: a CAD$400 cancellation fee shall be charged.
- 61–90days before departure: your Trip deposit shall not be refunded.
- 60 days or less before departure or anytime after departure: the Trip price shall not be refunded.
Travel insurance, including trip/flight cancellation, helps minimize the risk of monetary losses you could incur, and participants are required to secure adequate coverage. See the “Travel” section below.
The failure to make full payment for the Trip price at least 60 days before the Trip departure date shall be deemed a cancellation and your spot on the Trip shall be deemed forfeited and shall be offered to other potential participants on the waiting list. Your deposit shall not be refunded.
In the event of insufficient bookings in light of the minimum number of required participants for any given Trip, such Trip is subject to cancellation by RCPI. If the Trip is cancelled by RCPI for this reason, your deposit will be refunded in full. However, RCPI shall not be liable for any financial commitments that registered attendees have with any third parties such as airlines or other travel services. In all cases, RCPI’s liability shall be limited to the amount you have paid to RCPI prior to cancellation. It is recommended that you do not book any flights or accommodation until such time as your deposit is paid and your Trip booking has been confirmed by RCPI.
Exclusions and Changes to Services
Participants must carefully read the “What’s included” section under each Trip description as anything not specifically mentioned therein is excluded from the services provided by RCPI, including without limitation transportation planning and booking, airfare and/or other travel costs to and from the Trip location, which are never included in the Trip price and in RCPI’s services. The following are also never included, without limitation: passport and visa applications and related costs; individual medical or travel insurance application and related costs; expenses of a personal nature, such as room service, laundry, drinks outside of meals and alcoholic beverages; photographic equipment; activities not expressly specified in the Trip itinerary; possible fuel surcharges; exchange rate surcharges; and customary gratuities to the Trip guides and drivers.
RCPI shall make reasonable efforts to run the Trip as planned, but alterations may still occur or be required after final itineraries are sent, and RCPI reserves the right to make changes to the published Trip itinerary. In such case, the tour leaders/guides will plan each day with due consideration for the interests of the group as a whole and weather issues. RCPI shall make reasonable efforts to ensure that such alterations to the Trip program and itinerary are similar in quality and interest whenever possible, and decisions will be made in the best interests of all participants and with regards to safety first. Without limiting the generality of the foregoing, RCPI reserves the right to cancel, reschedule or reroute a Trip or any part or activity thereof at any time due to inclement or unsafe weather conditions, safety concerns or any other uncontrollable circumstances.
Exemption from Liability
The Trips are arranged in collaboration with other suppliers. The suppliers are independent contractors and are not agents or employees of RCPI. They supply services that include, but are not limited to, local transportation, accommodations, meals, and excursions using guides. All services provided by such other suppliers are subject to the terms and conditions specified by them and/or applicable governing laws. RCPI shall not be responsible for the willful or negligent acts and/or omissions of such suppliers, their employees, agents, servants, or representatives, including, without limitation, their failure or inadequate delivery of services. Without limiting the generality of the foregoing, RCPI shall bear no responsibility for losses or additional expenses due to, but not limited to, delay, inconvenience, changes to or cancellation of itineraries, defects in vehicles, breakdown in equipment, and any act, omission, negligence or other causes attributable to other suppliers or beyond RCPI’s control. All such losses or expenses, if any, shall be borne by the participant.
By booking a Trip and accepting these Terms and Conditions, you declare and confirm to RCPI that you have carefully noted the dates, schedule of activities, the information and requirements for the Trip published on RCPI’s website or otherwise communicated to participants. Participants acknowledge that they are aware that the Trip involves the risk of personal injury, death or loss (damage) to property. In consideration of the benefits derived by the Trip, participants voluntarily recognize and accept all risks thereof. Participants agree on behalf of themselves, their dependents, successors, executors, and assigns, to release and hold harmless RCPI, its employees, subsidiaries, affiliates, officers, directors, successors, representatives and its designated tour leaders, guides and operators from any and all claims, including but not limited to liability for delays, monetary damages, illness, injuries, death, or for the loss of or damage to property resulting directly or indirectly from any occurrences or conditions whatsoever, except in cases of an intentional or gross fault on the part of RCPI.
You further acknowledge and agree RCPI, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, and its designated tour leaders, guides and operators shall not be responsible for any expenses incurred by you or any other participant in preparing for the Trip (i.e., air tickets, visa/passport fees, equipment, medical expenses, etc.).
In any event, the maximum amount of recovery to which a participant shall be entitled under any and all circumstances shall be the limited to any amount actually paid to RCPI.
This section applies without prejudice and in addition to any other limitation or exemption of liability in favour of RCPI provided for elsewhere in these terms and conditions.
Assumption of Risks
Participants are voluntarily participating in the Trip with knowledge that it involves some inherent risks and dangers including, but not limited to, forces of nature, terrorism, civil unrest, strikes, wild animals, physical exertion, rough terrain, theft, cancellation or changes in itinerary, negligent action of others or their agencies, or means of conveyance or accommodation which may not be operated nor maintained to standards common in the participant’s country of residence. The risks and dangers also include any kind of health-related issue, and participants are aware that medical services or facilities may not be readily available or accessible during all or part of the Trip. This includes emergency medical care, presence of doctors, and adequate medication. Participants are solely responsible to judge the appropriateness of the travel activities to their own physical and mental fitness. In making the deposit, the participant declares and confirms to RCPI that they understand the foregoing risks and dangers, fully accept and assume same and that they do not have any mental, physical or other condition or disability that would create hazards for them or other participants. You also understand and agree that RCPI, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, and its designated tour leaders, guides and operators and other suppliers shall take no responsibility for special arrangements or problems incurred by participants unable to participate in the Trip or planned activities as a result of mental, physical issues or any other condition or disability.
All participants that would require special care, specific dietary needs, assistance, attention or treatment during the Trip, or which have or may have any special need and/or physical or mental limitations or conditions that might prevent them from fully participating in the activities of the Trip (hereinafter the “Special Needs”), must advise RCPI of all such Special Needs by email at email@example.com at the time of booking. Reasonable attempts will be made to deal with Special Needs, as the case may be, but it is understood that materials, facilities and services required for a participant with Special Needs may not be available and/or subject to local surcharges, which is beyond RCPI’s control. Participants understand and agree that RCPI cannot guarantee that any specific Special Need can be satisfied and shall take no responsibility in respect thereof.
Participants whose physical condition so requires must ensure that they have a sufficient quantity of any required medication with them, and that they carry such medication in their hand baggage at all times and in the original pharmacy containers. Participants must also consult competent medical authorities prior to departure about preventive medical measures.
In any event, RCPI and its Trip leaders/guides shall have the right to decline any person as a member of the Trip, or to require any participant to withdraw from the Trip at any time, especially if such participation or continued participation may cause actual or potential harm or health hazards for the said participant or other persons involved in the Trip.
Fitness, Accommodation and Meals
Anyone who is reasonably fit should be able to participate in most activities on the Trip. It’s possible to experience general fatigue due to long flights and changes in time zones or due to activities at high altitude. You will need to be sufficiently agile to climb in and out of the transport vehicle and be able to carry and manage your own photographic equipment and luggage. You may have to hike trails and paths ranging from easy to moderate throughout the Trip. Please read the section regarding fitness levels under each Trip section.
Accommodation and Living Standards
Participants should note that some hotels and other lodging may not be equipped with elevators or air-conditioning. Participants understand and accept that living standards and practices at the Trip location, and the conditions related to the provision of utilities, services and accommodations there may differ greatly from standards of the participant’s country of residence. Notably, participants understand and agree that RCPI cannot guarantee uninterrupted service of water, electricity, air-conditioning, security, sanitary conditions, pools, food, beverages and other such services beyond the reasonable control of RCPI during the Trip.
Meals and Beverages
To allow for maximum flexibility, lunches may be informal and may take place wherever convenient to the shooting areas. Dinners may take the form of a picnic, especially in the event of a photo shoot at sunset in a remote area. Participants recognize and accept that the food, water and beverages may not be up to the standards of the participant’s country of residence, which is beyond RCPI’s control. Accordingly, participants assume sole responsibility for any illness suffered while abroad or upon return owing to the quality of the food, water or beverages, and agree that RCPI shall not be held liable for any consequence thereof under any circumstances
Flights and Carriers
Participants are solely responsible for their own travel to or from the Trip starting and ending locations, and RCPI shall not be liable under any circumstance for any expenses related thereto, including without limitation any carrier’s cancellation fees and any loss resulting from the purchase of a non-refundable ticket to or from such locations, as the case may be.
Baggage and personal effects, including travel documents, shall at all times be the sole responsibility of the participant.
Participants are solely responsible for seeking information about and obtaining, at their own expense, all necessary travel documents required by all relevant government authorities and to comply with the laws thereof, including passports and visas. Participants are responsible for checking the validity of their documents and making sure that they have all required documents in hand at the time of departure. Entry to another country may be refused even if the required information and travel documents are complete, and you understand and agree that this is beyond RCPI’s control and that RCPI shall not be liable for any such refusal or the consequences suffered by any participant resulting from such refusal or the participant’s failure to obtain the necessary travel documents or to comply with the relevant applicable laws.
Each participant hereby confirms that they agree to purchase the required insurance coverage as set out below and valid internationally, and that they will be required to provide proof of such insurance coverage prior to departure for the Trip in order to participate.
Participants are solely responsible for evaluating the risks and obtaining travel insurance that covers the full value of the Trip and personal effects as well as expenses in the event that any of the following occurs:
- Trip delay, interruption or cancellation;
- Loss or theft of baggage and personal effects;
- Accident, sickness and other medical needs;
- Emergency evacuation and repatriation.
Travel insurance helps minimize the risk of monetary losses you could incur. Each participant is required and agrees to secure for itself the above-mentioned coverage. RCPI, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, and its designated tour leaders, guides and operators shall not be responsible for any losses or expenses related to any of the foregoing. Please note that if you experience delays and/or must cancel the Trip for any reason, you may lose part of or the entire amount paid to RCPI as per the “Cancellations and Refunds” section hereof.
Participants are expected to conduct themselves in a respectful manner at all times. No use of illegal drugs or substances, illegal activity or verbally or physical violent behaviour of any sort by a participant will not be tolerated, and will result in the participant’s immediate removal from the Trip, without refunds and at the participant’s own expense. RCPI and its Trip leaders/guides shall have the right to remove or exclude participants from the Trip or any portion thereof, for actions they deem as inappropriate or disruptive to the group or Trip, including any person engaging in excessive, disruptive or obscene behaviour.
Participants agree to follow all reasonable directions and instructions of Trip leaders/guides, particularly in matters of personal and group safety, including but not limited to the importance of hydration, need for nutritious snacks, altitude sickness, exhaustion, pollution, sunscreen, insecticide, danger of overhangs, footing and balance, vehicle safety, boat safety, hot air balloon safety, helicopter safety, ferry safety, common-sense safety, respect for others, etc. RCPI and its designated tour leaders/guides reserve the right in their sole discretion to decline to accept or remove any participant on a Trip who refuses to follow such directions and instructions.
Participants refused, removed or excluded from a Trip or any part or activity thereof for the reasons set forth above shall be left at the closest town or city without any liability to RCPI, its employees, subsidiaries, affiliates, officers, directors, successors, representatives and its designated tour leaders, guides and operators. There shall be no full or partial refund of the Trip price paid by or for any participant refused, removed or excluded from a Trip or any part or activity thereof for the reasons set forth above or who voluntarily leaves the Trip for any other reason. RCPI, its employees, subsidiaries, affiliates, officers, directors, successors, representatives and its designated tour leaders, guides and operators, shall not be responsible for the lodging, meals, medical care and return transportation of such person or any related expenses incurred by such person.
Indemnification of RCPI
You agree to defend and indemnify RCPI, and its employees, subsidiaries, affiliates, officers, directors, successors, representatives, and its designated tour leaders, guides and operators and other suppliers, from and against any and all demands, claims or lawsuits, actions, liabilities, damages, costs, losses and/or expenses (including reasonable attorneys’ fees and expenses) (collectively, the “Liabilities”) which RCPI may incur, suffer or be required to pay by reason of actions taken by you, including those which result in damage to property owned by third parties, including other participants in the Trip, or any other Liabilities arising in connection with a third-party claim suffered due to actions taken by you.
Photos, Videos and Likeness
RCPI reserves the right to take photographs or videos during any Trip or part thereof and to use the resulting photography, videos, or recordings for advertising and promotional use. By booking a Trip with RCPI, the participant agrees to allow his/her image, likeness and voice, as the case may be, to be used for such purposes by RCPI and any third parties authorized by RCPI, without compensation to the participant and on a non-exclusive, worldwide, irrevocable, sub-licensable and assignable basis.
Complaints and Dispute Resolution
In the unlikely event of a complaint, the participant should first inform RCPI while on the Trip so that RCPI and/or its local partners/guides can attempt to resolve and rectify the matter. If the participant is still unsatisfied, he/she must submit a complaint in writing to RCPI within 14 days of the completion of the Trip.
The parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with a Trip, RCPI’s performance of its obligations, and/or these terms and conditions, including without limitation the validity, interpretation, performance and breach of same, through a process of mediation, under the supervision of a single, mutually agreed-upon mediator, to be held in person in Montreal, Canada, or via telephone or video conference if the participant resides outside of the province of Quebec.
RCPI shall be excused from and not be liable for any failure of or delay in the performance of its obligations to you due to “force majeure.” Without limiting the generality of the foregoing, RCPI shall not be liable for any delay in, change to or cancellation of trips due to force majeure. Force majeure shall include any circumstances beyond the reasonable control of RCPI and which materially affect RCPI’s performance, and specifically includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, strikes, lockouts, disease, industrial or nuclear disaster, adverse weather conditions, including fire and flood, acts of states and governments.
Applicable Laws and Jurisdiction
The laws of the province of Quebec and the federal laws of Canada applicable therein shall govern the validity, interpretation and application of these terms and conditions, and any controversy or claim arising out of or relating to the Trip, RCPI’s performance of its obligations, and/or these terms and conditions, shall be governed by such laws, regardless of conflict-of-law rules and principles. Subject and without prejudice to the “Complaints and Dispute Resolution” clause hereof, any legal action taken against RCPI shall be exclusively heard before the courts of this province, in the judicial district of Montreal.
The headings used in these terms and conditions are for convenience only and are not to be construed in any way as additions to or limitations of the covenants and agreements contained herein.
These terms and conditions shall constitute the entire agreement between you and RCPI with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, between you and RCPI.
Should any part, term or provision of these terms and conditions be decided by the courts to be illegal, unenforceable or in conflict with any applicable law, the validity and enforceability of the remaining portions or provisions of these terms and conditions shall not be affected thereby.
No Deemed Waiver
No waiver of any breach of any term or provision of these terms and conditions shall be construed to be, nor shall be, a waiver of any other breach of these terms and conditions.
Acknowledgment, Acceptance and undertaking
The booking of a Trip with RCPI and paying of the required deposit or full payment of the Trip price shall be deemed an acknowledgment from the participant that he or she has read, understood and agreed to, and undertakes to abide by, all of the terms and conditions as set out above as well as the sections regarding inclusions and fitness levels under the description of the Trip they have booked on RCPI’s website.