YAMAHA MOTOR ADVENTURES – ONLINE RESERVATION TERMS AND CONDITIONS

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE MAKING A RESERVATION USING THIS WEBSITE. THESE TERMS AND CONDITIONS ARE A BINDING AGREEMENT THAT GOVERNS THE PURCHASES AND RESERVATIONS MADE FROM THE WEBSITE, EXEMPTS YAMAHA MOTOR CANADA LTD. AND OTHER PERSONS FROM LIABILITY IN CONNECTION THEREWITH, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY MAKING A RESERVATION THROUGH THIS WEBSITE, YOU ACKNOWLEDGE AND AFFIRM THAT (I) YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND (II) YOU HAVE READ, UNDERSTAND AND AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS FOR ONLINE RESERVATIONS. YOU FURTHER AFFIRM THAT IF YOU MAKE A RESERVATION THROUGH THIS WEBSITE ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. DO NOT USE THIS WESBSITE IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS.

1. Acceptance of the Terms and Conditions

These terms and conditions (these "Terms") apply to the purchase and reservation of a Yamaha Motor Adventures Experience (the "Services") at the Adventure Venue (the "Venue") through the Yamaha Motor Canada Ltd. website (the "Site"). These Terms are subject to change by Yamaha Motor Canada Ltd. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of September 1, 2020 referenced on this Site. You should review these Terms before purchasing and making any reservations of Services through this Site. Your continued use of this Site after September 1, 2020 will constitute your acceptance of and agreement to such changes.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, the specific Services at the specific times (Eastern Standard Time) listed in your order (the "Reservation").

All Reservations are subject to final acceptance by us or we will not be obligated to sell and reserve the Services for you. We reserve the right to accept or to reject any Reservations in our sole discretion.

You agree that we may refuse or cancel any Reservations to you at any time and without notice if, at our discretion, we determine that you have failed to comply with these Terms or you are otherwise ineligible to use this Site for any reason.

You may cancel your order up to 48 hours prior to the date of your Reservation. Refunds shall be subject to Section 5.

3. Prices and Damage Deposit

All prices are in Canadian Dollars and exclude applicable taxes. Prices and availability for Services are indicated on the Site and are subject to change without notice.

An amount of $1000 per credit card ("Damage Deposit") under the Reservation will be held and subject to the terms of the Services once arrived on location at the venue. Such damage deposit may be used, in part or in full, to set off any amount or other liability owing by you, or which may become owing by us to you. The Yamaha Adventure operator will be the sole arbiter of monetary damages incurred if a situation should arise. This damage deposit will be held for 2 business days following your excursion.

4. Payment Terms

Full payment must be made by credit card at the time of making the Reservation including the price for the Services plus applicable taxes and the hold for the Damage Deposit (collectively, the "Reservation Fee"). Payments are securely processed using a third-party payment processer. When you complete your payment, you will be transferred to the third-party processor’s website and their terms and conditions will apply.

Upon confirmation of payment, a confirmation email will be sent to you with details of Reservation and a receipt for payment. Customers may want to provide proof of payment at ride location at time of reservation as confirmation.

3. Prices and Damage Deposit

All prices are in Canadian Dollars and exclude applicable taxes. Prices and availability for Services are indicated on the Site and are subject to change without notice.

An amount of $1000 per credit card ("Damage Deposit") under the Reservation will be held and subject to the terms of the Services once arrived on location at the venue. Such damage deposit may be used, in part or in full, to set off any amount or other liability owing by you, or which may become owing by us to you. The Yamaha Adventure operator will be the sole arbiter of monetary damages incurred if a situation should arise. This damage deposit will be held for 2 business days following your excursion.

5. Refunds

If you cancel your Reservation in accordance with Section 2 of these Terms, a refund will be issued to you subject to minimum cancellation charges as follow:

1. if a cancellation notice is received 48 hours or more prior to date of the Reservation, no cancellation charge is payable, and we will return the Reservation Fee in full;
2. if a cancellation notice is received within 48 hours prior to the date of the Reservation, 100% of the Reservation Fee (excluding the damage deposit) will be retained by us.

Any refund you are entitled to plus the Damage Deposit will be processed within five days of us receiving a cancellation notice and will be credited back to the same payment method used for the Reservation. A refund will only be provided to you upon our confirmation that the Reservation has been successfully cancelled. Any cancellation charges outlined in these Terms or otherwise charged to you are liquidated damages and not a penalty.

Yamaha Motor Adventures operates rain or shine. Services may be delayed or postponed to allow for severe weather to subside. Full refunds are granted if snow conditions do not allow the program to proceed.

In the event that we are unable to honour your Reservation, we will refund the full Reservation Fee and Damage Deposit, but will not be liable for any cost incurred due to relocation or otherwise, directly or indirectly, as a result of such inability to provide the Services.

6. Changes

All requested changes to Reservations, including upgrades or changes to the name of the registered guest(s), are subject to our approval. Any changes must be approved in writing by us. Changes may be subject to additional charges or adjustment to the Reservation Fee. Such changes to the Reservation Fee will be communicated to you prior to any charges.

7. Accuracy of Information

We will make every effort to ensure that the information about the Venue and Services and any other information described on the Site is current and accurate. In the event if any such information is found to be inaccurate, we are not responsible for any such inaccuracy or omission.

Venue and Services information, including photographs and availability, contained on the Site or otherwise is provided as a guideline only and not a guarantee that everything is exactly as depicted.

8. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE CONTENT, AND THE RESERVATION SERVICES ARE PROVIDED "AS IS", WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY US, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE. WE MAKE NO WARRANTY THAT THE SITE, THE CONTENT, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OR APPLICATION OF THE WEBSITE, THE CONTENT OR MAKING A RESERVATION; (B) YOUR INABILITY TO USE OR APPLY THE SITE, THE CONTENT, THE SERVICES, OR MAKE A RESERVATION; (C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, WHETHER IN CONNECTION WITH MAKING A RESERVATION OR OTHER ASPECTS OF THE WEBSITE; (D) ANY MISUSE OF THE SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS; (E) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, IN CONNECTION WITH A RESERVATION; OR (F) ANY OTHER MATTER RELATED TO THE SITE.

IF YOU CHOOSE TO USE THE SITE, THE CONTENT, MAKE A RESERVATION, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM US.

10. Indemnity

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SITE, THE CONTENT, THE SERVICES, NOTWITHSTANDING THIS INDEMNITY, WE RETAIN THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL AT OUR SELECTION AT OUR DISCRETION, AND SOLE COST AND EXPENSE.

11. Additional Terms and Conditions Privacy

When making a Reservation, you are subject to any additional terms and conditions, posted policies or rules applicable to the Services and any other service you use through the Site. This includes, without limitation, the Site Terms and Conditions that apply generally to the use of our Site. You should also carefully review General Terms and the terms and conditions of the Services before making a purchase and reservation for any Services through this Site. The Services are subject to separate terms and conditions which can be learned by contacting the venue directly using the contact information on the site.

By making a Reservation, you further consent to the collection, use, disclosure and retention of your personal information by or on behalf of us as explained in our Privacy Policy as revised from time to time, and as otherwise permitted or required by applicable law

12. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

15. Interpretation

These Terms shall be governed by, and will be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, excluding the United Nations Convention On Contracts For The International Sale Of Goods and any rules of private international law or the conflict of laws, rule or principle that would lead to the application of the laws of any other jurisdiction. All disputes arising out of, or in connection with, this Terms, or in respect of any legal relationship associated with it or derived from it, will be finally resolved by arbitration administered by the Alternative Dispute Resolution Institute of Canada Inc. under its Arbitration Rules. The seat of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English.

16. Language

Les parties aux présentes ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent et/ou qui en découleront soient rédigés en la langue anglaise. The parties hereto have required that these Terms and all documents and notices resulting here from be communicated only in English.