Welcome to Nomadic Road! You are a highly valued customer, and we look forward to hosting you as our guest. This document (the “Agreement”) is designed to make you fully aware of the terms, conditions and policies governing your participation on our expeditions, so that you may enjoy a safe and fulfilling expedition. It is also a legal document that requires your careful attention. Agreeing to these policies when booking one of our expeditions creates a contractual relationship between you and Nomadic Road. The terms described herein, in combination with your online reservation forms, your invoice and other applicable documents mentioned below, constitute the entire mutual Agreement between us.
The customer (herein “You” or “Your”) understands that by clicking the payment button, entering Your credit card and/or debit card information or making a wire payment, or otherwise enrolling, electronically, verbally, or otherwise that You agree to the services provided by Nomadic Road Inc., a Canadian company incorporated in the Province of Ontario (the “Nomadic Road”), and hereby understand that You are entering into a legally binding Agreement with Nomadic Road and are subject to the following terms and conditions (the “Terms”):
The Service Agreement is to be read in combination with this Website’s Terms and Conditions, Privacy Policy, and Disclaimers.
1.TERMS OF PURCHASE
1.1. The intended purpose of this Agreement is to inform You of the Terms of Your Purchase and any information regarding the guided tour, motor vehicle arrangements, and accommodation arrangements (the “Expedition”) sold on or in connection with https://www.nomadicroad.com/ (the “Website”).
1.2. Your booking is expressly confirmed when Nomadic Road provides You with written confirmation after receipt of the deposit amount.
1.3. The term of this Agreement is from the time the booking was made and the deposit was paid to Nomadic Road and shall remain in full force and effect until one [1] day after the final day of the Expedition date (the “Term”). If a future travel credit is provided, this Agreement will be terminated and a new agreement will take effect.
2.NOMADIC ROAD OBLIGATIONS AND SERVICES
2.1. Nomadic Road offers Motoring Expeditions across the world.
2.2. As part of the Motoring Expedition guided tour, Nomadic Road will arrange accommodations, vehicle rentals and occasional meals subject to availability and a standard determined by Nomadic Road.
3.CUSTOMER OBLIGATIONS
3.1. You understand that by booking an Expedition You are responsible for the following Customer Obligations, such responsibility shall extend to any bookings made on behalf of others either as part of Your Expedition or independent of Your attendance.
3.2. You shall respond promptly to any Nomadic Road request(s) to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Nomadic Road to organize, accommodate and perform the Expedition in accordance with the terms of this Agreement.
3.3. Failure to comply with the Customer Obligations of this agreement may result in cancellation of Your booking of the Expedition or participation in select activities of the Expedition, as per Nomadic Road’s discretion.
4.CUSTOMER DOCUMENTS
4.1. You shall cooperate with Nomadic Road in all matters relating to the Expedition and provide the requested documents (originals prior to the scheduled departure date (the “Departure Date”) and copies prior to the Departure Date), identification, travel VISAs (if applicable), Passports (with a validity date as per the country’s laws), signed vehicle rental agreements, insurance (if applicable), medical forms and affidavits (if applicable), permits and other certificates (including but not limited to vaccination or medical certificates and international driving permits) or other relevant documentation as needed (the “Customer Documents”), as may reasonably be requested by Nomadic Road and relevant governmental authorities, for the purposes of arranging the Expedition and delivered to Nomadic Road prior to any deadlines presented. It is Your responsibility to obtain and to have in Your possession, at all times all the Customer Documents and identification required for entry, departure and travel to each country or region. You endeavour to contact Nomadic Road if You have any complications in providing such Customer Documents.
4.2. You accept full responsibility for obtaining all Customer Documents prior to the start of the Expedition, and You are solely responsible for the full amount of costs incurred for any missing or defective documentation. You agree to be responsible for the full amount of any loss or expense incurred by Nomadic Road, that is a direct or indirect result of Your failure to secure or be in possession of proper travel documentation.
4.3. Nomadic Road does not provide any advice concerning travel or medical documentation and further makes no representations or warranties as to the accuracy or completeness of any information provided on visas, medical reports and letters, weather, personal items, baggage, vehicle rental or any equipment and You hereby certify that Nomadic Road is not responsible for any errors or omissions in this information.
5.MINORS
5.1. It is Your responsibility to notify Nomadic Road immediately of any person that will be travelling with You that is under the age of eighteen [18] (the “Minor”) and have in Your possession all required documentation and identification required for entry, departure and travel to each country or region for any Minor travelling with You. This includes any Customer Documents that are required by Nomadic Road and relevant government authorities for the Minor.
5.2. Each country and region have its own laws as to required consents and affidavits that need to be provided for each Minor travelling with You. It is Your responsibility to have these documents prepared and notarized (if applicable) prior to entering each country or state. This is especially important if both parents are not travelling with the Minor.
5.3. It is Your responsibility to ensure the Minor is provided with adequate care and is supervised at all times. You acknowledge that Nomadic Road does not provide any babysitting or childcare services for the Minor.
5.4. It is Your responsibility to ensure the Minor complies with all laws and rules as per the country, region and vehicle rental company when seated in or operating a rental vehicle.
5.5. It is Your responsibility to ensure that Nomadic Road has been advised of all dietary restrictions and allergies for the Minor. Nomadic Road is not responsible for providing alternative meal arrangements for the Minor, if no written notice was provided in advance of the Expedition via email to: info@nomadicroad.com.
6.ACCURATE INFORMATION
6.1. You agree to review all agreements, forms and documents provided by You to Nomadic Road and report any incorrect or incomplete information to Nomadic Road immediately.
6.2. You agree to ensure that names on all Customer Documents and forms are exactly as stated in Your passport.
6.3. You acknowledge and understand that any failure to provide correct information or completed forms may result in the cancellation of Your booking and may inhibit you from participating in the Expedition such as, but not limited to, entry into the country.
7.PAYMENT AND PRICING POLICY
7.1. You acknowledge and accept the payment and pricing policy outlined herein and that each booking is a per person booking. Each additional member of the booking will be subject to their own fees in addition to applicable taxes.
7.2. You have the following options as methods of payment:
(i.) Credit Card: Flywire is a payment platform that is used when processing the credit card payment. You hereby consent to sign the terms and conditions agreement that is provided by Flywire. You authorize Nomadic Road and/or Flywire to charge Your credit card account provided in accordance with the payment plan You have selected, if a payment plan has been provided. You agree to provide complete, current, and accurate payment information and to update Nomadic Road should any payment information change, prior to the payment due date.
(ii) Wire Transfer: From time-to-time, Nomadic Road may accept a wire transfer payment instead of credit card for the deposit amount, the remaining balance amount, or both. All wire transfers will be made to Nomadic Road’s bank account. Confirmation of booking will only be made once the wire transfer has been received by Nomadic Road.
7.3. A twenty percent [20%] deposit per person is required to confirm Your booking subject to the Refund Policy.
7.4. The final balance for the Expedition is due sixty [60] days prior to the Departure Date.
7.5. If the final balance is not paid sixty [60] days prior to the Departure Date, Nomadic Road reserves the right to cancel Your booking and/or deny You from joining the Expedition without a refund to You.
7.6. The Expedition packages are priced in US dollars.
7.7. Nomadic Road reserves the right to amend all or part of any Expedition price for any reason and at any time, including, without limitation: currency and exchange fluctuations, vehicle rental surcharges and penalties, fuel costs, pandemic or infectious disease related expenses, accommodation surcharges or penalties, and increased food expenses, whereby an additional invoice will be provided. In such an event, and as per the Travel Council of Ontario (TICO), You have the right to cancel the contract and obtain a full refund if the price increase is more than seven percent [7%] (except increases resulting from an increase in retail sales tax or HST). You must notify Nomadic Road of the cancellation within fourteen [14] days of receipt of notice of the increase of more than seven percent [7%] or You will be deemed to have accepted the price change and will be liable for payment of the increase. You acknowledge that You are liable for payment of any increase that is less than seven percent [7%].
7.8. From time-to-time, Nomadic Road will offer and advertise a reduced price for Expeditions to any new bookings in efforts to complete a group size requirement. All Customers who have booked with Nomadic Road are subject to the pricing they have contracted for and are not eligible for any discounts or to price match with new offers. Bookings where a minimum of a deposit amount have been paid are not eligible to the reduced pricing.
8.CANCELLATION POLICY
8.1. All cancellations must be notified to Nomadic Road in writing prior to the Departure Date. Any costs that have been incurred by Nomadic Road in preparing Your booking and Expedition will be assessed based on the date the notice of cancellation was provided to Nomadic Road (the “Cancellation Fees”). For this reason, You are strongly advised to obtain comprehensive cancellation insurance at the time of booking. Any written notice must be sent to: info@nomadicroad.com.
9.REFUND POLICY
9.1. Due to the nature of the services the following eligibility requirements and refund policy (the “Eligibility Notice Periods”) are available to You:
(i) If You provide written notice of cancellation ninety [90] days or more before Your Departure Date, You are eligible to one hundred percent [100%] refund of Your fees payable;
(ii) If You provide written notice of cancellation between seventy-five [75] to eight-nine [89] days before Your Departure Date, You are eligible to a seventy-five percent [75%] refund of Your fees payable;
(iii) If You provide written notice of cancellation between seventy-four [74] to sixty [60] days before Your Departure Date, You are eligible to a fifty percent [50%] refund of Your fees payable;
(iv) If You provide written notice less than sixty [60] days before Your Departure Date, or if no notice is provided, You are ineligible for a refund of any kind.
9.2. Refunds will be made to You via the original payment method within fifteen [15] business days from Your written notice, subject to the Eligibility Notice Periods. Any refunds made by credit card, wire transfer and/or electronic transfer will be subject to an additional administration fee which will be deducted from the deposit.
9.3. You understand that no refund shall be made:
(i) If You do not participate in parts of the Expedition either due to voluntary or involuntary election;
(ii) If You begin but do not complete the Expedition;
(iii) If You do not begin the Expedition entirely (subject to the Eligibility Notice Periods).
10.RESCHEDULING
10.1 Nomadic Road reserves the right to evaluate the circumstance of the cancellation and may offer future travel credits with Nomadic Road in lieu of a refund (the “Credit”). The eligibility to receive a Credit is subject to Nomadic Road’s discretion.
10.2 Each Credit must only be applied toward another future Expedition taking place within one [1] year of the original Departure Date.
10.3 When a Credit is provided to You, this Agreement will be terminated, and You will be required to sign a new agreement and complete new forms as requested by Nomadic Road. Credits are non-transferrable.
11.MEDICAL REQUIREMENTS
11.1 As part of Your Expedition, You may be required to complete Nomadic Road’s medical forms and must provide any medical information reasonably requested by Nomadic Road. This is to ensure the health and safety of all members of the Expedition.
11.2 If You have a pre-existing medical condition which may impact Your ability to participate in the Expedition, or You require occasional medical assistance, You must have a medical form signed by a licensed and practicing physician and have it sent in to Nomadic Road two [2] weeks prior to travel, via email to info@nomadicroad.com. If a mental, physical, medical or other condition or disability (the “Medical Condition”) occurs and arises between two [2] weeks prior to the Departure Date and the Departure Date, You hereby certify to inform Nomadic Road in writing via email to info@nomadicroad.com. Nomadic Road reserves the right to cancel Your booking should there be any indication that You have a Medical Condition, unless You have satisfied Nomadic Road that You are eligible to pursue the Expedition through a medical note. You hereby certify that You do not have a Medical Condition that would create a hazard for You, other participants, or representatives of Nomadic Road.
11.3 You agree to accurately complete the personal information and medical form from Nomadic Road two [2] weeks prior to the Departure Date. Failure in completing the medical form or providing medical information reasonably required by Nomadic Road two [2] weeks prior to the Departure Date may result in Nomadic Road cancelling Your booking, subject to the Cancellation Fees and Refund Policy.
11.4 All medical forms and information provided will be maintained in accordance with Nomadic Road’s Privacy Policy and in adherence to the Personal Information Protection and Electronic Documents Act (PIPEDA).
12.HEALTH REQUIREMENTS
12.1 You are responsible to assess Your capability of participating and completing the planned activities and the Expedition. You are also responsible to assess all meal, transportation and accommodation arrangements that are prepared as part of the Expedition and their suitability for You. Due to these reasons, Nomadic Road strongly recommends that You consult a physician as to Your fitness and health to participate in the Expedition. Nomadic Road does not provide medical advice.
12.2 You hereby certify that You are aware that the Expedition could lead You through remote areas with limited accessibility to medical facilities and that medical facilities that are available may not provide the standard of care You may expect.
12.3 If Nomadic Road determines that Your physical or mental health renders You unfit for travel or You present a danger to Yourself or others, Nomadic Road reserves the right to forbid You from participating in any part of the Expedition, at any time and at Your own expense.
12.4 If You are pregnant, You must disclose this at the time of booking. Nomadic Road may refuse Customers who are over twenty-four [24] weeks pregnant.
13. VEHICLE RENTAL
13.1 Nomadic Road uses motor vehicles from the local fleet rental companies (the “Vehicle”). You hereby consent to sign the vehicle rental agreement that is provided by the vehicle rental company.
13.2 By booking the Expedition, You declare that You have a driver's license and an international driving permit (if applicable) that is valid in the regions of the Expedition. You further declare that your drivers license and international driving permit (if applicable) are in good standing and You have a reasonable driving skill set and confidence to effectively participate in the Expedition.
13.3 Once You are provided with Your first motor vehicle, You are required to check the condition of the vehicle. Where an apparent defect is found, You must immediately inform the Nomadic Road representative in order to proceed with a joint examination of the Vehicle. In such a case, amendments must be made and duly countersigned by both parties. You will return the Vehicle in the same condition as it was provided at the start of the expedition. You are responsible for any repair or refurbishment costs. Any Vehicles that are provided as an alternative by Nomadic Road, are subject to availability.
13.4 During the rental period You must carry out the usual checks (including but not limited to, engine oil level and tire pressure) as would any careful user and must respect the maintenance cycle of the Vehicle as stated in the maintenance guide, if any. You must stop the vehicle if any of the instrument panel warning lights, which are intended to indicate the existence of a mechanical problem, light up, or if You become aware of anything which may indicate the presence of a mechanical problem with the vehicle. If this happens, inform the Nomadic Road representatives immediately. You are further responsible to refuel the Vehicle with the correct type of fuel as instructed by Nomadic Road representatives at Your own expense (if applicable). All fuel is subject to an additional fee not included in the Expedition, unless Nomadic Road has provided you with written notice that the fuel is included in the Expedition’s package price.
13.5 When parking the Vehicle, even for a short period, You undertake to lock it and make use of the Vehicle’s alarm and/or immobilisation equipment. You must never leave the Vehicle unoccupied with the keys in the ignition.
13.6 If the Vehicle becomes un-roadworthy or unfit for normal use during the Expedition due to a mechanical breakdown or an accident, You must inform Nomadic Road immediately. The fees and expenses of any repair undertaken without the order of Nomadic Road will not be reimbursed to You. You must inform Nomadic Road of all accidents, damage to or breakdown of the Vehicle, even those which may already have been repaired, when You return the Vehicle. In any case, neither Nomadic Road nor its directors, officers or employees will be liable to You for any loss or damage (including but not limited to loss of profit or earnings) nor, to the extent permitted by the Law, for indirect consequential damages whether Your action is based on contract or in tort.
13.7 In the event of measures by third parties, including attachment, theft, confiscation or impounding of the Vehicle (the “Confiscation”), You must immediately inform Nomadic Road. You will be liable for all direct or indirect damages, costs and/or expenses associated with the Confiscation, unless it is demonstrated that Nomadic Road is directly responsible for the Confiscation. Confiscation of the Vehicle may result in termination of the vehicle rental agreement, subject to the terms of the vehicle rental agreement and any costs incurred by Nomadic Road. In the event of an accident, the vehicle rental agreement may be terminated subject to the vehicle rental agreement and any costs incurred by Nomadic Road, as soon as Nomadic Road has received a copy of the accident report completed by You and, where applicable, the third party and any government authorities. If Nomadic Road provides a new Vehicle, a new vehicle rental agreement will be signed. Nomadic Road is not responsible or obligated to provide a new vehicle during the Expedition after a Confiscation or an accident.
13.8 Nomadic Road is not responsible for any loss, theft, robbery, or damage of whatever nature relating to objects and/or personal belongings transported or are found in the Vehicle.
13.9 It is Your responsibility to ensure the Vehicle is handled with care, at all times, this will include ensuring the vehicle is kept in good repair and condition while under Your operation. In the event You may be liable for any fines, You take full responsibility to ensure payment of those fines. The Vehicle must not be driven by anyone other than You or any other individuals who are also included in the vehicle rental agreement. If Nomadic Road is found to be liable for Your errors or omissions or negligence in handling the vehicle, or if any damages are made to the vehicle while in Your possession that Nomadic Road is charged for, You must reimburse and make full payment to Nomadic Road. You will be liable for any vehicle damages, or any other expenses associated with the incident.
13.10 You undertake to use the Vehicle in a responsible manner and only for the purposes for which it is intended. The following are prohibited uses of the vehicle and prohibited acts while driving and being a passenger of the vehicle:
(i) Driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances;
(ii) Transportation of inflammable or dangerous goods, carrying anything which, because of its smell or condition, harms the Vehicle;
(iii) Allow another person that is not a party to Your rental agreement to operate the Vehicle;
(iv) Assign Your vehicle rental agreement to another party.
(v) Carry passengers for hire or reward;
(vi) Provide driving lessons with the Vehicle;
(vii) Pushing or towing another vehicle or object or exceeding the authorized load weight;
(viii) Driving the Vehicle on unmarked roads or on roads outside the planned Expedition route;
(ix) Driving in a manner that violates local Highway Code, road traffic laws or any state or federal laws.
13.11 You will be liable for any offence committed during the Expedition, which relates in any way to the use of the Vehicle. You hereby certify and acknowledge that You will be held to be equivalent to being the owner of the Vehicle. You hereby consent to provide and grant Nomadic Road the authority to provide any governmental authority access to Your personal information in accordance with the data protection Laws.
13.12 You hereby certify to abide by the vehicle rental company’s insurance policy terms. You are strongly advised to obtain comprehensive international travel insurance that contains travel coverage and rental vehicle damage coverage at the time of booking.
13.13 Nomadic Road has the right to remove You from driving or cancel Your Expedition, subject to the Cancellation Fees, if You do not comply with the Terms of this Agreement or the terms of the vehicle rental company.
14.DIETARY RESTRICTIONS
14.1 You must inform Nomadic Road of Your dietary requirements two [2] weeks prior to the Departure Date. Nomadic Road will make a reasonable effort to administer these requests. All special dietary requests are subject to availability of products and food available in the respective region of the Expedition.
14.2 Nomadic Road is not responsible for requests made after the Departure Date and allergies and dietary restrictions not reported to Nomadic Road.
15.MEDIA RELEASE
15.1 You hereby consent Nomadic Road, its representatives, its ground partners, and other participants to capture and use Your likeness (voice and image in photos, video and audio recordings) for future promotional and commercial purposes, during and after the Expedition without payment or other consideration. If You do not wish to be included in any promotional material, You must inform Nomadic Road in advance in writing prior to the Departure Date.
15.2 You hereby also consent and provide the irrevocable right and permission to reproduce or use any part or the entirety of any photograph, image, voice recording, audio recording or video recording taken by You and shared with Nomadic Road (the “Media Material”), the Media Material that has been included in any or all of its brochures, publications, including web based publications, without payment or other consideration. You acknowledge that all Media Material will become the property of Nomadic Road. From time to time, Nomadic Road may provide a copy of the Media Material to all members of the Expedition, as a souvenir at the end of the trip, which you hereby authorize and acknowledge. However, Nomadic Road is not obligated to provide You with any copy or originals of the Media Material.
15.3 You hereby also consent and provide the irrevocable right and permission for Nomadic Road to edit, change, copy, display, publish, or distribute the Media Material for any lawful purpose.
15.4 You waive any right to royalties or other compensation arising from or related to the use of the Media Material.
16.BOOKING ON BEHALF OF OTHERS
16.1 You must be a participant of the Expedition and must have accepted a separate copy of the Agreement for You, to make a booking and accept the current Agreement on behalf of another participant.
16.2 If You book for others, or on behalf of others, it is Your responsibility to ensure compliance of the terms herein for all booking members as You are the primary contact on the booking. You further represent and warrant that You have obtained all relevant consents to book for another individual, and that all individuals on the booking are (i) physically fit and able to participate in the Expedition, (ii) and able to comply with all Terms herein. Any failure by You to impart any information or communications from Nomadic Road to booking members, shall not be the liability of Nomadic Road and under no circumstances will Nomadic Road be liable for any errors or omissions of such information provided.
16.3 When You make a booking on behalf of other participants, You guarantee that You have the authority to accept and do accept this Agreement on behalf of the other participants in Your party.
17.UNAUTHORIZED ITEMS
17.1 The Customer is prohibited from carrying, either upon their person or in their baggage, any object or material of any nature that may be considered dangerous to the security of other passengers, the crew, travellers or the general public, including but not limited to, explosives, weapons of any kind including those used for sport, and inflammable objects while participating in the travel expedition. The Customer is also prohibited from using and carrying any illegal substances and/or illicit drugs.
18.INSURANCE
18.1 Due to the possible risks of the Expedition, You are strongly advised to obtain comprehensive insurance coverage that includes vehicle rental damage and theft, medical, trip interruption and cancellation, theft, emergency evacuation, pandemic and epidemic related coverage, accident and baggage insurance. A minimum of emergency evacuation and medical coverage of $500,000.00 USD is strongly advised.
19.DISCLAIMER
19.1 Expeditions by Nomadic Road are provided "as is" without warranty of any kind. Nomadic Road disclaims warranties and representations and makes no guarantee to You and to any third party, whether express or implied made regarding the Expedition, including without limitation, enjoyment of the landscape, accuracy of the shared historical stories or facts, types of civilization, population, cultural experiences, group size, amount of untouched and remote areas that will be experienced, that You will experience up-close and/or distant sight-seeing of animals, weather, duration of travel, kilometres of the drive and the condition of roads. Nomadic Road disclaims warranties and representations made in all stories and blogs shared on the Website.
19.2 Further, Nomadic Road disclaims any warranty that the Expedition will be uninterrupted or risk-free. The disclaimers in this section apply notwithstanding anything else in this Agreement.
20.ASSIGNMENT
20.1 Nomadic Road restricts any assignment or transfer of this contract, unless agreed to in writing.
21.MODIFICATIONS
21.1 Nomadic Road may modify this Agreement from time to time. Any modifications will be notified to You, and You may either continue the services under the new conditions or the Agreement will be terminated.
21.2 You understand that without any notice to the contrary, by continuing the services after notification shall enforce the modified Agreement as effective and You agree to be bound to any changes in the Agreement.
22.TERMINATION BY NOMADIC ROAD
22.1 Nomadic Road reserves the right to terminate the Agreement during any point of the Term for reasons that have been mentioned throughout this Agreement, including but not limited to, non-compliance with the following: Medical and Health Requirements, Customer Obligations, Vehicle Rental terms, and Dietary Restrictions. In these cases, Nomadic Road will not provide a refund when the Agreement is terminated.
22.2 Nomadic Road reserves the right to cancel the Expedition and terminate the Agreement prior to the Departure Date, when the group size requirement for the Expedition has not been met. In such an event, Nomadic Road will issue a full refund to You for the Expedition and reimburse airline cancellation fees subject to Nomadic Road’s discretion and proof of airline cancellation fees incurred by You.
22.3 The Agreement is terminated when Nomadic Road advises You in writing via email.
23.FORCE MAJEURE
23.1 Nomadic Road is not responsible for, and no refunds will be provided for, transportation delays or cancellation and causes or circumstances beyond the control of Nomadic Road, the vehicle rental company, the accommodation services, the airline services and any restaurant or hospitality services. Circumstances beyond the control of Nomadic Road include but are not limited to acts of God, terrorism, civil disturbance, act of any governmental or ruling authority, perils of the sea, weather and climate, failure of equipment, breakdown, an epidemic or pandemic, including any and all governmental orders, and government-mandated closures, restrictions or cancellations imposed, collision, fire, any unexpected increase in the cost of fuel or shortage of fuel, war, strikes, labour shortages and death or injury to the Nomadic Road guide (the “Force Majeure Event”).
24.LIMITATION OF LIABILITY
24.1 You agree that Nomadic Road, and its parents, subsidiaries and their respective employees, officers, directors, affiliates, successors, representatives, and assigns (the “Affiliates”) are not liable or responsible for any damages, expense, delay, cancellation, inconvenience, negligent acts or omissions, loss of property, loss of services, injury of any kind inclusive of physical, mental, emotional and spiritual harm, psychological trauma in which You may experience or suffer, or death (the “Damages”), that have been caused by You, Nomadic Road or its representatives, a Force Majeure Event or by third-party providers, including but not limited to, transportation companies, accommodation services, airline services, food and beverages services and suppliers, any medical services You receive and Your travel documentation. You waive any claim against Nomadic Road and its Affiliates for any Damages and Nomadic Road limits its liability under all international conventions. You further agree that this release of liability shall be legally binding upon You and all Minors travelling with You, their guardians, heirs, successors, assigns, and legal representatives. Nomadic Road is further not liable and not responsible for any sanctions or acts pursued by governmental authorities or customs officers.
24.2 Nomadic Road will not at any time be liable or responsible for any loss of or damage to valuables or personal property of any kind brought to the Expedition in Your baggage, carried on or with You, left in the Vehicle or any locations visited by You.
24.3 You are aware of the risks of the Expedition and agree to visit lands and areas that pose risks and dangers. You agree to participate in an Expedition that includes, but is not limited to, strikes, civil unrest, all forms of unmarked roads and trails, travel by vehicles including taxis and buses, diseases, infections, exposure to high altitude, dangerous weather and climate conditions, wild animals (behaviours of wild animals are often unpredictable), the consumption of alcoholic beverages, physical exertion for which You may not be prepared, and or negligence (but not wilful or fraudulent conduct) with the possibility of experiencing any harm or injury in a remote area without access to emergency care, rapid evacuation, adequate medical facilities or availability of medical supplies. It is your responsibility to arrange insurance to cover your risks and no refund will be available in these circumstances.
24.4 You acknowledge that You have had the opportunity to seek medical advice and examine all risks to You by participating in the Expedition, prior to agreeing to the Agreement. By executing this Agreement, You confirm that You have received any advice and examined any risks You have deemed necessary before doing so.
25.NOTICES
25.1 All notices, or other communications under this agreement shall be in writing, sent by electronic email communication and shall be deemed to have been duly given when delivered by email, provided that the sender’s email address and the recipient’s email address are both correctly stated in the email. Any notice sent by email shall be deemed to have been received by the recipient on the date when the email was sent, regardless of whether the recipient actually receives or reviews the emails. Should either party change their email address, they must promptly notify the other party of such change in email address.
25.2 All notices to Nomadic Road shall be sent to: info@nomadicroad.com.
26.WAIVER
26.1 The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
27.SEVERABILITY
27.1 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
28.DISPUTE RESOLUTION
28.1 In the event of a dispute between You and Nomadic Road, You agree to enter into good faith negotiations for a period of thirty [30] days.
28.2 If no resolve is found, You and Nomadic Road will proceed to resolve the dispute as follows:
(i) Negotiations shall occur between Your representatives and Nomadic Road’s representatives in good faith.
(ii) All information exchanged during these negotiations shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the negotiations.
(iii) If the parties do not resolve some or all of the issues in dispute within thirty [30] days after notice has been given, the Parties shall submit those issues to binding arbitration pursuant to the Commercial Arbitration Act and Commercial Arbitration Code with one arbitrator elected by Nomadic Road.
(iv) In the event of monetary damages, Nomadic Road shall not owe monetary damages exceeding beyond what was financially paid by You to Nomadic Road.
29.CHOICE OF FORUM
29.1 Any legal suit, action, litigation or proceeding arising out of or relating to this Agreement shall be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation, or proceeding. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
30.NON-DISPARAGEMENT
30.1 You agree that You will not at any time, directly or indirectly, make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning Nomadic Road or its services, or any of its employees, officers, shareholders, members or advisors, or any member of the Board. This section does not, in any way, restrict or impede You from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order. You shall promptly provide written notice of any such order to Nomadic Road.
31.BINDING EFFECT
31.1 This Agreement shall be legal and binding upon the parties hereto and their respective successors and permissible assigns. The parties each represent that they have the authority to enter into this Agreement.
32.GOVERNING LAW
32.1 All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction. In addition to compliance with the laws of the Province of Ontario and the federal laws of Canada, You shall abide by the laws of the nation and state of the Expedition upon entry and travel throughout the subject land.
33.ENTIRE AGREEMENT
33.1 This Agreement contains the entire agreement and understanding among You, any Minors, parties accompanying You and Nomadic Road hereto with respect to the Terms hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
