Terms of Use

Agreement to Terms

By accessing or using the Painted Brick website and services, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you should not use our website or book our services.

These terms apply to all visitors, users, and customers who access or use our website and tour services.

Use of Website

Permitted Use

You may use our website to learn about our tour offerings, contact us with inquiries, and book tours. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the site.

Prohibited Activities

You may not attempt to gain unauthorized access to any part of the website, interfere with or disrupt the website or servers, use automated systems to access the website without permission, copy, reproduce, or distribute website content without authorization, or use the website to transmit harmful code or malicious software.

Tour Bookings and Payments

Booking Process

Tour bookings are confirmed only upon receipt of the required deposit and our written confirmation. We reserve the right to decline bookings at our discretion. Pricing is listed in Canadian dollars unless otherwise specified.

Payment Terms

A deposit is required to secure your booking, with the balance due according to the payment schedule provided at the time of booking, typically 60 days before tour departure. Payment can be made via credit card, bank transfer, or other methods we specify. Full payment details and schedules are provided in booking confirmations.

Cancellation by Customer

Cancellations must be submitted in writing. Refund eligibility depends on the timing of cancellation relative to tour departure. Deposits are refundable if cancellation occurs more than 90 days before departure. Cancellations between 60 and 89 days before departure receive a 50% refund. Cancellations within 60 days of departure are non-refundable unless we can fill your spot.

We strongly recommend purchasing travel insurance to protect against unforeseen circumstances requiring cancellation.

Cancellation by Company

We reserve the right to cancel tours due to insufficient enrollment, safety concerns, natural disasters, or other circumstances beyond our control. In such cases, we will provide a full refund or the option to transfer to an alternative tour. We are not liable for additional expenses such as flights or accommodations booked independently.

Tour Participation

Health and Fitness Requirements

Participants must be physically capable of completing tour activities as described in the itinerary. You are responsible for disclosing any medical conditions, dietary restrictions, or accessibility needs that may affect your participation. Failure to disclose relevant health information may result in removal from the tour without refund if it poses safety risks.

Participant Conduct

We expect all participants to behave respectfully toward guides, fellow travelers, local communities, and the environment. We reserve the right to remove participants whose behavior is dangerous, disruptive, or disrespectful, without refund.

Travel Documents

You are responsible for obtaining necessary travel documents including passports, visas, and travel permits. We are not liable for denied entry or other issues arising from inadequate documentation.

Liability and Risk

Assumption of Risk

Adventure travel involves inherent risks including physical injury, illness, or property damage. By booking a tour, you acknowledge these risks and agree to participate at your own risk. We take reasonable precautions to ensure safety but cannot eliminate all risks associated with outdoor and travel activities.

Limitation of Liability

To the fullest extent permitted by law, Painted Brick Adventure Travel Ltd., its employees, guides, and partners are not liable for any indirect, incidental, consequential, or punitive damages arising from tour participation or website use. Our total liability for any claim related to tour services is limited to the amount paid for the specific tour.

This limitation does not apply where prohibited by law or in cases of gross negligence or willful misconduct.

Third-Party Services

We contract with third-party providers for accommodations, transportation, and activities. While we select partners carefully, we are not responsible for their actions, omissions, or failures to perform. Claims against third-party providers must be directed to those providers.

Intellectual Property

All content on this website, including text, images, logos, graphics, and software, is owned by Painted Brick Adventure Travel Ltd. or licensed to us. This content is protected by copyright and other intellectual property laws.

You may view and print pages for personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from website content without our written permission.

Photography and Media

During tours, guides and participants may take photographs and videos. By participating, you consent to being photographed and grant us permission to use images and videos featuring you for promotional purposes including our website, social media, and marketing materials.

If you do not wish to be photographed or have images used publicly, please inform us in writing before the tour begins.

Changes to Tours

We reserve the right to modify tour itineraries, accommodations, or activities due to weather, safety concerns, operational needs, or circumstances beyond our control. We will make reasonable efforts to provide comparable alternatives. Minor itinerary changes do not entitle you to a refund.

In cases of significant changes made before departure, we will notify you and offer the option to accept the changes, transfer to another tour, or receive a refund.

Force Majeure

We are not liable for failure to perform our obligations due to events beyond our reasonable control, including natural disasters, extreme weather, pandemics, government restrictions, strikes, acts of terrorism, or other force majeure events. In such cases, we will work with you to find alternative solutions but are not obligated to provide refunds for circumstances outside our control.

Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our website and services, you consent to the practices described in that policy.

Governing Law

These Terms of Use are governed by the laws of British Columbia and the federal laws of Canada applicable therein. Any disputes arising from these terms or our services will be subject to the exclusive jurisdiction of the courts of British Columbia.

Dispute Resolution

We encourage customers with concerns to contact us directly so we can work toward a resolution. If a dispute cannot be resolved informally, both parties agree to attempt mediation before pursuing litigation. If mediation fails, disputes will be resolved through binding arbitration in Nelson, British Columbia, or through the courts as described above.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Changes to Terms

We may update these Terms of Use periodically to reflect changes in our practices or legal requirements. Updated terms will be posted on this page with a revised effective date. Continued use of our website and services after changes constitute acceptance of the updated terms.

For bookings made before a terms update, the version in effect at the time of booking applies to that specific tour.

Contact Information

If you have questions about these Terms of Use or need to contact us regarding bookings or cancellations, please reach out at:

Painted Brick Adventure Travel Ltd.
427 Baker Street
Nelson, BC V1L 4H7
Canada
Email: [email protected]