The cost of all trips listed herein is based on travelers agreeing to this Limitation of Liability. To be eligible to take a trip with Jade Tours, travelers must accept each and all terms and conditions herein and assume full responsibility for any loss, injury, death or damage to them, their family or their dependents arising in connection with their participation in the trips. Travelers must have their own insurance appropriate to their needs and the needs of their family or dependents in respect of such loss, injury, death or damage.
Although Jade Tours endeavors to choose appropriate independent suppliers to provide services on the trips, Jade Tours has no right to control their operations and therefore makes travel arrangements for the trip on the condition that Jade Tours 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 local laws where 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.
In consideration for participating in the trips, travelers agree not to sue Jade Tours 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 trip – 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 Jade Tours, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of Jade Tours or its employees, in which case the traveler retains the right to sue only Jade Tours in respect of that conduct.
Travellers further agree that they will indemnify and hold Jade Tours harmless in respect of any claims arising in connection with the trip made by: i) the traveler’s family members, dependents or heirs, or ii) third parties, which the traveler, their estate, their family members, dependents or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Jade Tours; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of Jade Tours or its employee(s).
Jade Tours and / or its agents, act only as agent for travelers in all matters pertaining to the trips, we shall not be liable for any claims, losses, damages, costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever, resulting from events beyond our or a supplier’s reasonable control, including but not limited to acts of God, strikes, lockouts or other labour disputes or disruptions, wars, blockades, insurrections, riots, earthquakes, weather conditions, floods or acts or restraints imposed by government authorities.
In further consideration for participating in the trip, travelers agree that Jade Tours, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes, without any remuneration to the traveler.
No person other than Jade Tours’ authorized representative may, by a document in writing, vary, add or waive any term or condition in this brochure, including any term or condition set forth in the preceding provisions.
Written notice of all claims accompanied by receipts, reports and other documents pertaining to the claim must be received within 14 days after your return from your trip. In writing to your travel agent and must be received by Jade Tours for investigation no later than 14 days after your return from your trip.
Travelers agree that Jade Tours is the trustee of the respective rights under this Limitation of Liability, which will apply to a traveler’s trips with Jade Tours, and any transfer of a reservation to another trip, including any deviations or extensions. This Limitation of Liability is binding upon all members of the traveler’s family, dependents, estate, heirs, successors and legal personal representatives. Any claim or dispute arising out of or relating to this Limitation of Liability or its interpretation, the trip, or the traveler’s relationship with Jade Tours will be resolved exclusively in the courts of the Province of Canada in which the particular office of Jade Tours is located and with which traveler had contracted their trip and will be governed exclusively by laws of that province of Canada.