Terms & Privacy

 

INSURANCE

Moratorium Children experiences do not include experience cancellation or any other type of insurance coverage. Our team strongly recommends the purchase of travel insurance to protect your investment in your experience in the event of a medical emergency, lost baggage, flight cancellations, or any other unforeseen event.

TRAVELLER RESPONSIBILITY

All travellers assume the responsibility to be in fit physical condition to partake in The Moratorium Tour, and design a Moratorium Retreat suited to their physical abilities and interests. Travellers are responsible for being in sufficiently good health to undertake their experience; for obtaining the appropriate medical and cancellation insurance; for studying all pre-departure information; and for acting in a manner considerate of fellow travellers and the countries visited.

Travellers assume full responsibility for all risks, including but not limited to any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation, or the participation of their family, in the experiences, and for ensuring that they have adequate insurance coverage to cover any loss. Any form of travel contains inherent risks and medical facilities and services may not be easily accessible and may not be sophisticated.

There are other risks associated with the experiences, such as theft or loss of or damage to property. Some of the services provided in connection with The Moratorium Retreat including lodging, transportation, optional excursions and activities, are obtained from independent suppliers over whom Moratorium Children has no control.

LIMITATION OF LIABILITY, RELEASE AND INDEMNITY

This agreement releases Boutitou Ventures Incorporated from liability - please read it carefully.

To be eligible to participate in The Moratorium Tour or Retreat, travellers must accept these risks and assume full responsibility for any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation, or the participation of their family, in the experiences.

TO BE INSURED, Travellers must have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage. Although Moratorium Children endeavours to choose appropriate independent suppliers to provide services on the experience, Moratorium Children has no right to control their operations and therefore makes travel arrangements for you on the condition that Moratorium Children will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.

The cost of all Moratorium Children experience is based on travellers agreeing to this Limitation of Liability, Release and Indemnity and your placement of a deposit on a Moratorium Children experience binds you to this agreement.  In consideration for participating in the experiences, travellers agree not to sue Moratorium Children and PERSONNEL in respect of, and forever release them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the experience – including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property – in each case even if caused in whole or in part by the conduct, including the negligence, of Moratorium Children.

I waive any and all claims that I have or may in the future have against, and release from all liability and agree not to sue, Moratorium Children and any of their shareholders, directors, officers, employees, servants, hiking, high adventure activities and guides, agents, contractors, suppliers and representatives (collectively, the “Personnel”) for any personal injury, death, property damage or other loss that you sustain during or as a result of any Moratorium Children experience due to any cause whatsoever on the part of any one or more of Moratorium Children, the Province of Newfoundland and Labrador, the Personnel or others, including:

(a) negligence (the meaning of which includes failure to use such care as a reasonably prudent and careful person would use under similar circumstances and failure to meet standards of care in the hiking, mountain biking and/or cultural adventure industry in the Province of Newfoundland & Labrador for the safety of hikers, mountain bikers and cultural adventurers);

(b) breach of any other duty imposed by law, including any duty imposed by occupiers liability or other legislation;

(c) breach of any contract; and

(d) mistakes or errors in judgment of any kind.

By placing a deposit on a Moratorium Children experience I am aware of the risks inherent in trail walking, hiking, mountain biking, adventure, whale-watching, fishing, iceberg-viewing and cultural activities to myself and persons of which I am the guardian of and I am aware that trail walking, hiking, mountain biking, adventure, whale-watching, fishing, iceberg-viewing and cultural activities has certain additional dangers and risks, including but not limited to:

ADVENTURE ACTIVITIES:  trail walking, hiking, mountain biking, adventure, whale-watching, fishing, iceberg-viewing and cultural activities mountain biking, zip lining, climbing via ferrata and ropes courses where clothing or hair becoming caught in harness, carabineer or pulley system and fear or anxiety associated with heights or participation in the high adventure activity.

AVALANCHES, ROCK FALL, ICE FALL: which can occur in hilly terrain used for trail walking, hiking, mountain biking, adventure activities and may be caused by man-made structures, including without limitation, towers, stairs, bridges, platforms or other landing systems, rock walls, cables, swings, zip lines or bridges, or by natural forces including steepness of slopes, snow or ice depth, instability of the snowpack or rock or glacier, or changing weather conditions, or by adventurers or hikers, or by aircraft or helicopter or the failure for any reason of Moratorium Children or its staff to predict whether the terrain is safe for trail walking or hiking hiking or where or when an avalanche, rock fall or ice fall may or may not occur;

MOUNTAINOUS ROCKY AND STEEP TERRAIN: Some of these obstacles and hazards include rock crevasses, ice and snow cornices, tree wells, tree stumps, creeks, rocks and boulders, forest deadfall, holes and depressions, and varying and difficult snow and climbing conditions. These areas may also have dangerous man-made obstacles and hazards which may include rock walls, swings, zip lines, bridges, logging and other roads, steep road banks, fences and other structures. The areas used for trail walking, hiking or mountain biking may not have been travelled previously and are not regularly patrolled or examined. Because of forested areas, wild and rugged terrain or bad weather, trail walkers, hikers, mountain bikers and adventurers may become lost or separated from their guides or companions. Communication in this remote terrain is always difficult and, in the event of an accident, rescue and medical treatment may not be available;

WEATHER: weather conditions may be extreme and can change rapidly without warning;

WILD ANIMALS: which are unpredictable in nature and may attack mountain travellers;

WATERCRAFT: You are aware of the risks of the use of any watercraft for transport or adventure. The risks may include, but are not limited to, frigid water, unpredictable currents, submerged rocks and rock outcroppings, fallen trees, waterfalls, sinking, capsizing, swamping, uncontrolled drifting, and collisions with other craft or obstacles. I acknowledge that there is as a significant risk of injury or death from these hazards, including by drowning or from hypothermia or delay in rescue.

LAKE AND FLY FISHING: I am aware that fishing in fast flowing rivers and streams, large and small lakes, and ocean either by wading or in boats or floatation equipment, can have unforeseen dangers and hazards including slipping and falling on rocks beneath the surface or being swept away in rapids or fast moving water; and I also am aware of the risk of drowning if I become submerged while wearing fishing waders.

TRANSPORTATION TO AND FROM AREAS: I am aware of the risks associated with transport through cities, remote towns, mountainous and remote areas including rapidly changing road, highway and trail conditions and the risks of using aircraft, motor coaches, vans and taxis which may or may not be owned and/or operated by Moratorium Children, its staff, and other Personnel.

WALKERS, HIKERS AND MOUNTAIN BIKERS, OR GUIDES: the conduct, including negligence, of Moratorium Children, its staff including its guides and of all other trail walkers, hikers, adventurers and mountain bikers whether they are associated with Moratorium Children or independent hikers, adventurers or mountain bikers. 

By placing my deposit I assume and accept all the risks and dangers of trail walking, hiking, adventure activities, whale watching, fishing, iceberg viewing and mountain biking and the possibility of personal injury, death, property damage or other loss as a result. 

I agree that, although Moratorium Children and the Personnel may take precautions to reduce the risks and increase the safety of trail walking, hiking, whale watching, fishing, iceberg viewing, hiking and mountain biking and to determine whether a particular trail or road is safe from the risk of avalanche or other hazards, it is not possible for Moratorium Children or the Personnel to make trail walking, hiking, adventure activities, whale watching, fishing and mountain biking completely safe or to predict with complete assurance whether the terrain is safe. 

I willingly accept these risks and agree to the terms of this Moratorium Children Waiver even if Moratorium Children or any of the Personnel are found in law to be negligent or in breach of a duty of care or any other obligation to me in their conduct of any Moratorium Children experience.

I am aware that the enjoyment and excitement of adventure activities is derived in part from walking or climbing, riding or driving in wild, rugged, uncontrolled environments contributes to by the inherent risks of hiking, adventure activities and mountain biking.

Agreeing to this Moratorium Children Waiver by placing a deposit on a Moratorium Children experience, I am not relying on any oral, written or visual statements of any kind, including promotional statements made by Moratorium Children in Moratorium Children brochures, websites or other brochures or by any of the Personnel to induce me to go on a Moratorium Children experience.

I confirm that I am of the full age of twenty-one years, that I have had sufficient time to read and understand what I am agreeing to in this Moratorium Children Waiver and that it will be binding upon my heirs, next of kin, executors, administrators and successors.

I agree that the Moratorium Children Waiver and the agreements it contains will be governed exclusively in all respects by and interpreted solely in accordance with the laws of the Province of Newfoundland & Labrador. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Newfoundland & Labrador and I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein. 

Any litigation to enforce this agreement or arising out of my Moratorium Children experience and/or other experience shall be instituted in the Province of Newfoundland & Labrador and nowhere else.

I agree that the terms "trail walking" “adventure activities” "summer adventures" “mountain biking”  “hiking” herein include rock climbing, climbing via ferrata or ropes, zip lining, walking, scrambling, ice climbing, skiing and other similar activities and the terms “adventurer” and "hiker" includes zip liner, walker, scrambler, rock climber, ice climber, climber via ferrata or ropes and skier.

Travellers further agree that they will indemnify and hold Moratorium Children harmless in respect of any claims arising in connection with the experience made by: i) third parties, which arise from the misconduct of the travellers; ii) the traveller’s family members, dependants or heirs, iii) third parties, which the traveller, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Moratorium Children or their employees, guides, shareholders, officers or directors. 

Moratorium Children reserves the right to decline accepting or retaining any traveller whose health or actions in Moratorium Children’s sole judgement impede the operation of an experience or the welfare or enjoyment of fellow travellers. 

PHOTO RELEASE

In further consideration for participating in the experience, travellers agree that Moratorium Children, or their designate, may use any photographic or film records of the experiences for promotional and/or commercial purposes, without any remuneration to the traveller. The traveller agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to Moratorium Children. This Limitation of Liability, Release and Indemnity is binding upon all members of the traveller’s family, dependants, estate, heirs, successors and legal personal representatives. 

Any claim or dispute arising out of or relating to this Limitation of Liability, Release and Indemnity or its interpretation, the experience, or the traveller’s relationship with Moratorium Children will be resolved exclusively in the courts of the Province of Newfoundland and Labrador and will be governed exclusively by Newfoundland and Labrador law.

Moratorium Children: The term Moratorium Children refers to Moratorium Children, a business operated by Boutitou Ventures Incorporated in Newfoundland and Labrador. All experiences are offered subject to Moratorium Children’s standard terms & conditions found in this document. 

Please review the terms and conditions carefully prior to completing your reservation.



PRICES, RESERVATIONS AND PAYMENT

Our prices are in Canadian dollars.

To reserve a date for The Moratorium Tour, we require payment at the time of booking, unless specified by our team.

For The Moratorium Retreat, we require a deposit of 50% of the total cost. The balance of your payment is due 60 days prior to departure. If reserving your experience within 30 days of departure, full payment is required.

Experiences are subject to Newfoundland and Labrador’s Harmonized Sales Tax (HST) of 15%. A 18% auto-gratuity is added to The Moratorium Tour for groups larger than 4 persons.

CANCELLATION

Special COVID-19 Terms*: Any deposits placed on a Moratorium Children experience will be protected. The experience can be deferred to a later date or credited towards a new experience or a third party up to 2 years after original departure date as a result of COVID-19 issues. 

COVID-19 logistical restrictions such as quarantine or prohibited travel are covered under these special terms.

If you have to cancel your reservation, the fees are:

  • Anytime: 25% of experience price

  • 120+ days before departure: 100% of experience price

  • 0-119 days before departure: 50% of experience price

Note that deposits on trips are non-refundable.

Disabilities: We are committed to the belief that medical conditions or disabilities shouldn’t prevent people from experiencing the joys of travel, but we rely upon the travellers to disclose this information to us at the time of booking. We will do everything possible to accommodate traveller conditions at a reasonable cost, including finding local companions to provide assistance, but in some situations we may require the traveller to be accompanied by a qualified companion for the duration of the experience. FULL DISCLOSURE OF ALL DISABILITIES THAT MAY IMPACT NORMAL DAY TO DAY TRAVEL IS REQUIRED. Any traveller who fails to disclose such a condition at the time of booking may be removed from the tour at their expense and with the loss of any unused portion of the experience price.

CANCELLATION BY MORATORIUM CHILDREN

Moratorium Children reserves the right to cancel any experience at any time for any reason. If this occurs, a refund of funds received will be full and final settlement. Moratorium Children is not responsible for any loss incurred on account of non-refundable or non-transferable air tickets.

TRAVEL DOCUMENTS AND PASSPORTS

All non-Canadian travellers to Canada require a passport. It remains the responsibility of each traveller to verify that he or she has the appropriate travel documents for his or her nationality. Moratorium Children is not liable for any expenses or costs arising from any traveller being prohibited from entering Canada or the Province of Newfoundland and Labrador.

OTHER TRAVEL SERVICES AND AUXILIARY TOURS

Moratorium Children may recommend the services of other travel companies. We try hard to recommend only companies that provide the highest levels of service and work closely with them to ensure Moratorium Children travellers are well taken care of, and companies that have been marketed and promoted by the Provincial Government of Newfoundland and Labrador. Moratorium Children is not liable for any injury, expenses or costs arising from any services, or lack thereof, provided by any third party.

HEALTH

By placing a deposit toward your experience purchase, you certify that you do not have any physical condition or disability that would create a hazard for you or other travellers, and that you have received all appropriate or necessary vaccinations indicated by your proposed experience. Please consult your doctor if you are unsure.

Insurance: The experience price does not include insurance coverage, and Moratorium Children strongly recommends the purchase of travel insurance to protect your experience investment in the event of medical emergencies, lost bags, a cancelled experience or any other unforeseen experience or pre-experience related event.

THEFT & DAMAGES TO PROPERTY

Moratorium Children reserves the right to charge your credit card up to $1000 for any theft or damages to Moratorium Children property.