ALEXANDRA MCLAUGHLIN

COME PAINT WITH ME (ART BY ALEX) - TERMS & CONDITIONS

1. To make a booking please follow the procedure shown on our website . The relevant Guided Art Excursion Waiver needs to be completed by each person participating. Where you are under 18 at the time of booking, the waiver also needs to be signed by your parent or guardian or initialled online during the booking process. The completed booking waiver must then be completed with the payments referred to in paragraph 2 below. Where we have already confirmed the availability of your chosen arrangements and you book within any applicable time limit for doing so, your booking will be treated as firm and a contract between us will come into existence as soon as we receive your completed waiver and payment in full. We will then send you a receipt for all payments made and our invoice. Where we have not confirmed availability, your booking will be treated as firm and a contract between us will come into existence when we dispatch our invoice to you. Please check your invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the invoice or any other document appears to be incorrect or incomplete. 

2. All bookings require immediate full payment. We offer and encourage your use of the GROUP RATE with 25% off our base rates when booking with a group of 6-9 people. If, for any reason, the balance (including any surcharge where applicable) is not received by the due date, we reserve the right to treat the booking as cancelled by you. If we do not cancel right away because you have promised to make payment, you must pay the cancellation charges shown in paragraph 7 depending on the date we reasonably treat your booking as cancelled.

3. The price quoted for any excursion covers the cost of the planning, the organization and carrying out of the excursion, including fuel, group equipment, supplies, GBINP entry fees, administration and staff, except for the following, for which the you must be responsible: packed lunch, water sunscreen and other personal items/expenses specifically excluded on the trip description and/or invoice, cost of travel to and from the start / return point of your excursion.

We reserve the right to make changes to and correct errors in quoted prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

A refund (as applicable) will be payable, subject to the conditions set out in this clause. You will be entitled to cancel your booking at least 48 hours ahead of your booked excursion and receive a 50% refund of all monies you have paid to us or alternatively purchase another excursion from us as referred to in paragraph 12.

4. Health: You are taken to confirm at the time of booking that you are in good health, physically capable of undertaking all aspects of the excursion, and unaware of any reason why you may be unsuited to taking part or may be likely to suffer illness or injury during the trip, taking into account its challenges and purposes. If you are unable to give for this confirmation for any reason or have any medical condition or disability which may affect your experience, you must contact us before you booking so that we can assist you in considering the suitability of the excursion for you.

If any information given in the waiver is shown to be materially incorrect or incomplete, we reserve the right to cancel your booking or terminate your participation in the excursion, depending on when we become aware of the true position. In this situation, cancellation charges as set out in paragraph 6 will apply and we will not be responsible for any costs or expenses incurred as a result.

5. Special requests: Please advise us of any special requests prior to making your booking. Where possible, we will endeavour to meet or arrange for our staff to meet any such request. Confirmation that a special request has been noted or passed on to the organizer or the inclusion of the special request on your invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.

Cancellations and changes 

6. Cancellation of bookings must be notified to us by email by the individual or party leader as soon as possible. Your notice of cancellation will only be effective when it is received in writing by us. Except as set out in paragraph 7 below, the following cancellation charges will be payable per person.

Greater than or equal to 48 hours prior to time of departure: 50% of monies paid will be held as cancellation charge OR can be applied as a credit towards a different excursion date within the current year/season.

Less than 48 hours prior to time of departure: 100% of monies paid will be held as cancellation charge where 50% can be applied as a credit towards a different excursion date within the current year/season.

7. You may transfer your place to someone else (introduced by you) if you are prevented from participating, providing we are notified not less than 48 hours before departure and subject to practicality of changing certain bookings made in your name. All costs and charges incurred by us and/or incurred or imposed by any of our operators as a result must be paid before the transfer can be effected.

8. Cancelation by captain

Due to the nature of these excursions and reliance on suitable weather forecasts by the Meteorological Service of Canada, some pre-arranged appointments may have to be cancelled last-minute and/or re-booked at a later date. These decisions will be held at the discretion of the captain whether there is an official weather statement in effect for the region or not. The decision to cancel a pre-booked excursion based on available weather forecasts will be made at least 12 hours prior to departure, and in this circumstance, every effort to communicate the cancellation will be made including by e-mail, text and/or phone call (if prior to 9:00pm). If weather forecasts make a sudden change the morning of planned departure, and the skipper does not feel it is safe to run the excursion, a full refund will be offered to participants. Art by Alex takes no responsibility for expenses incurred by the participant to arrive prepared to depart, including but not limited to: art supplies purchased and fuel/transportation costs incurred. 

Upon cancellation by the captain, a FULL REFUND of all monies pre-paid will be offered back to participants or applied to a later date agreed upon by all participants. 

9. Changes to your confirmed booking can be considered depending on practicalities and availabilities, but there might be a cost associated with these changes. We do not charge an amendment fee for doing so and will only pass on any extra costs involved in providing additional or alternative services if the same option previously booked is no longer available. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. 

10. The itinerary is a guide to which we will attempt to adhere, but it may be necessary to alter this at short notice as a result of circumstances or events outside our control such as adverse weather or boating conditions or any of those amounting to force majeure (see paragraph 13), or due to the operating conditions imposed by owners and operators of facilities and transport. Your itinerary will, however, be the same in content as far as is reasonably possible, unless circumstances beyond our control make this impossible. Should weather conditions involve you in extra costs such as accommodation, transportation and meals, these will not be considered a responsibility of Art by Alex.

11. Changes and cancellation by us: As referred to above, we may have to make changes to and correct errors in advertised and confirmed details and also cancel confirmed bookings which we must reserve the right to do. Please note, our excursions require a minimum number of participants to enable us to operate them. If the minimum number of 6 bookings required for a particular trip has not been received, we are entitled to cancel it. We will notify you of cancellation for this reason no less than 7 days prior to departure.

Most changes are minor. Occasionally, we have to make a "significant change". A significant change is a change made before departure which we can reasonably be expected to have a major effect on your trip. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:

1) (for significant changes) accepting the changed arrangements; or

2) purchasing an alternative excursion from us, of a similar standard to that originally booked if available. We will offer you at least one alternative trip of equivalent or higher standard for which you will not be asked to pay any more than the price of the original excursion. If this trip is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the excursion we specifically offer you, you may choose any of our other then available excursions but you must pay the applicable price of any such trip. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper;

Please note, the above options are not available where any change made is a minor one.

If we have to make a significant change or cancel we will, where appropriate, pay you the reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:

1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control such as force majeure, the consequences of which we could not have avoided even with all due care; or

2) where applicable, we have to cancel because the minimum number of bookings necessary for us to operate your excursion has not been reached (see above).

No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.

Very rarely, we may be forced by "force majeure" (see paragraph 12) to change or terminate your excursion early after departure but before the scheduled end time of your booking. If this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

12. In these booking conditions, "force majeure" means any event which we or the supplier of fuel in which we rely on could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, significant risks to human health such as the outbreak of serious disease at the travel destination, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of "force majeure".

13. Our Liability to you

We promise to make sure that the excursion arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. 

Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do.

We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

1) your act(s) and/or omission(s); or

2) the act(s) and/or omission(s) of a third party not connected with the provision of your excursion and which were unforeseeable or unavoidable; or

'force majeure' as defined in paragraph 12 above

In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. 

The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable participant to refuse to take the excursion in question. 

Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them. Additionally we cannot accept liability for any business losses including self employed loss of earnings.

14. Decisions of Art by Alex, behaviour and damage: While the excursion is in progress, all decisions are made by Art by Alex staff and you must act in accordance with all reasonable instructions you are given. The group leader, excursion guide or other member of our staff may withdraw you from the excursion at any time if they are of the reasonable opinion that your continued presence is prejudicing or is likely to prejudice the good order, discipline, safety or successful operation of the excursion or the safety or wellbeing of any individual participant(s) or other third party or if you break any law or regulation set out by the Government of Ontario.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to our staff or to any third party or damage to property, we are entitled, without prior notice, to terminate your excursion.