Terms
​
​
Peak Perfection: Terms of Service
Last updated: January 8, 2024
1. Introduction and Acceptance of Terms
1.1 Overview
Welcome to Peak Perfection (“we,” “us,” or “our”), a private high-end tour operator offering customizable travel experiences primarily in Banff, Alberta, Canada, and surrounding areas (collectively, the “Services”). These Terms of Service (“Terms” or “Agreement”) govern your use of our Services, including all tours, bookings, communications, and related content.
1.2 Consent and Acknowledgment
By accessing or using our Services in any manner, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must discontinue using our Services immediately.
1.3 Modifications
We may revise or modify these Terms at any time in our sole discretion. Any changes are effective immediately upon posting. Your continued use of the Services after any modification confirms your acceptance of the revised Terms.
2. Eligibility and Booking
2.1 Age and Legal Capacity
You represent and warrant that you are of the age of majority in your province or territory of residence (18 or 19 in most cases in Canada) and have the legal capacity to enter into a binding contract under the laws of Alberta and Canada.
2.2 Booking Process
All bookings are subject to availability. We reserve the right, in our sole discretion, to accept or reject any request for tour services without explanation. Payment terms (including deposits, fees, and schedules) will be communicated separately and form part of these Terms.
2.3 Client Information
You agree to provide accurate, up-to-date information as requested during the booking process and to keep us informed of any changes (e.g., contact information, dietary restrictions, medical conditions).
3. Payment, Cancellations, and Refunds
3.1 Pricing and Payment
• All prices are quoted in Canadian dollars (CAD) unless otherwise stated.
• We reserve the right to change prices at any time, but changes will not affect confirmed bookings unless material to the booking.
• Payment schedules, including deposits and final payments, will be clearly communicated prior to booking.
3.2 Cancellations by Client
• Cancellations must be submitted in writing by email or using the communication channel agreed upon during booking.
• Any refundable portion will be determined according to our stated cancellation policy at the time of booking, which may vary depending on factors such as the season, customized itinerary, and third-party vendor policies.
3.3 Cancellations or Changes by Us
• We reserve the right to cancel or substantially alter a booked tour due to factors beyond our control (e.g., weather, force majeure events, local disruptions).
• In such cases, we will make reasonable efforts to reschedule or issue refunds at our discretion, subject to any non-refundable costs already incurred on your behalf.
4. Itineraries and Services
4.1 Customization and Changes
Peak Perfection offers highly customizable tours. While we strive to deliver every element as advertised or requested, changes to itineraries may be necessary at our sole discretion for reasons including, but not limited to, safety, operational viability, third-party availability, and environmental concerns.
4.2 Third-Party Providers
Some Services are provided by or in partnership with third parties (e.g., transportation, accommodation, activity providers). We make no guarantees and assume no liability for the acts or omissions of these third parties, though we take reasonable steps to partner with reputable providers.
5. Client Responsibilities and Conduct
5.1 Compliance with Laws and Instructions
Clients must comply with all applicable laws, regulations, and Peak Perfection’s instructions during tours. We reserve the right to terminate or refuse service if a Client’s behavior is deemed to endanger others or violate local laws.
5.2 Health and Safety
• You are responsible for assessing whether you are in suitable physical and mental condition to participate in our Services.
• We recommend that you obtain medical advice before any activities that may be physically challenging or could aggravate any existing medical conditions.
• You acknowledge that many travel activities involve inherent risks, including, but not limited to, risks related to weather, wildlife, and terrain.
5.3 Insurance
We strongly recommend that you obtain comprehensive travel insurance that covers trip cancellations, medical emergencies, repatriation, personal liability, and personal belongings. Peak Perfection shall not be held liable for any losses suffered if you fail to arrange such insurance.
6. Limitation of Liability and Indemnification
6.1 Limitation of Liability
• To the fullest extent permitted by law, Peak Perfection, its directors, officers, employees, affiliates, and agents shall not be liable for any damages, losses, or injuries (whether direct, indirect, special, consequential, or otherwise) arising from your use of our Services, except in cases of gross negligence or willful misconduct.
• Our liability is limited to the amount you paid for the specific Services that give rise to the claim.
6.2 Assumption of Risk
By participating in tours, you voluntarily assume all risks and hazards associated with these activities. Peak Perfection shall not be responsible for any injuries, losses, or claims, and you release and discharge us from any and all liability, to the extent permitted by law.
6.3 Indemnification
You agree to defend, indemnify, and hold harmless Peak Perfection and its affiliates from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
• Your breach or violation of these Terms.
• Your violation of any law or regulation.
• Your negligence or willful misconduct.
• Any injuries, deaths, losses, or damages to others caused by your conduct.
7. Intellectual Property
7.1 Ownership and Rights
• All materials, content, and intellectual property (including trademarks, designs, images, logos, text, videos, and any other material) provided as part of the Services are owned or licensed by Peak Perfection.
• You may not reproduce, distribute, or otherwise exploit any part of our intellectual property without prior written consent.
7.2 Client Content
Any feedback, suggestions, or submissions you provide regarding our Services become our sole property unless otherwise agreed in writing.
8. Data Protection and Privacy
8.1 Personal Information
• Peak Perfection collects, uses, and discloses personal information in accordance with applicable Canadian privacy legislation (including the Personal Information Protection and Electronic Documents Act, “PIPEDA,” and Alberta’s Personal Information Protection Act, “PIPA”).
• By using our Services, you consent to the collection and use of information as outlined in our Privacy Policy.
8.2 Confidentiality
We take reasonable precautions to maintain the confidentiality of any non-public personal information you provide, and we do not sell or disclose such information to unrelated third parties without your consent unless required to do so by law or to protect our rights.
9. Force Majeure
We shall not be deemed in breach of these Terms or otherwise liable for any delay, cancellation, or other failure in performance to the extent that such delay or failure arises from events or circumstances beyond our reasonable control, including but not limited to natural disasters, pandemic, war, terrorism, government orders, labor disputes, or any other force majeure event.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws provisions.
10.2 Dispute Resolution
• Any dispute, claim, or controversy (“Dispute”) relating in any way to these Terms or your use of our Services shall first be attempted to be resolved by informal negotiation between the parties.
• If we are unable to resolve the Dispute through good-faith negotiations, either party may seek remedies through the courts of the Province of Alberta located in Calgary, Alberta, and you hereby submit to the jurisdiction of such courts.
11. Termination
We reserve the right to terminate or restrict your access to our Services at any time, for any reason, including breach of these Terms. The termination of this Agreement shall not affect any provision which by its nature is intended to survive termination.
12. Entire Agreement and Severability
12.1 Entire Agreement
These Terms, along with any additional policies or agreements referenced herein or provided at the time of booking, constitute the entire agreement between you and Peak Perfection regarding the Services and supersede any prior or contemporaneous understandings, agreements, representations, or warranties.
12.2 Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
13. Contact Information
If you have any questions regarding these Terms or wish to contact us for any reason, please direct all correspondence to:
Peak Perfection
250 Livingston Common NE, Calgary AB T3K 1P1
1-833-815-7325
By using Peak Perfection’s Services, you acknowledge that you have read, understood, and agree to abide by these Terms of Service.​
_edited_p.png){kind=logo}