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Terms of Service

Last Updated: August 1, 2023

1. Introduction

Welcome to Pushistaya Yaichnitsa. These Terms of Service ("Terms") govern your use of our website located at pushistaya-yaichnitsa.com (the "Site") and the services offered through the Site (collectively, the "Services").

By accessing or using the Site or Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site or use our Services.

2. Use of the Site

2.1 Eligibility

The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 is unauthorized and in violation of these Terms. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.

2.2 Account Registration

Some features of the Site may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your account.

2.3 Prohibited Conduct

You agree not to:

  • Use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or Services.
  • Use the Site or Services in any manner that could damage, disable, overburden, or impair the functioning of the Site or Services.
  • Use any robot, spider, crawler, scraper, or other automated means to access the Site or Services.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Violate any applicable laws or regulations, or promote or encourage illegal activity.

3. Bookings and Reservations

3.1 Booking Process

When you make a booking through our Site, you agree to provide accurate and complete information for all travelers included in the booking. You must have the legal authority to make the booking for all parties involved.

3.2 Pricing and Payment

All prices displayed on our Site are in Canadian Dollars (CAD) unless otherwise specified. Prices may change without notice due to exchange rates, supplier changes, or other factors. The price is only guaranteed once your booking is confirmed and payment is processed.

Payment terms vary depending on the type of service booked. For some services, full payment is required at the time of booking, while others may require a deposit with the balance due before the service date. Specific payment terms will be provided during the booking process.

3.3 Cancellation and Refund Policy

Cancellation and refund policies vary depending on the specific tour, accommodation, or service booked. These policies will be clearly communicated during the booking process and in your booking confirmation.

Generally, cancellations made 30 days or more prior to the service date may be eligible for a full or partial refund, less any non-refundable deposits or fees. Cancellations made within 30 days of the service date may not be eligible for a refund.

In case of emergency cancellations (such as illness, injury, or bereavement), we may offer more flexible terms upon presentation of appropriate documentation.

3.4 Changes to Bookings

If you need to make changes to your booking, please contact us as soon as possible. We will make reasonable efforts to accommodate your changes, but cannot guarantee availability or pricing. Administrative fees may apply for booking changes.

4. Travel Requirements and Responsibilities

4.1 Travel Documentation

It is your responsibility to ensure that you have all necessary travel documents, including valid passports, visas, and health certificates, as required for your destination. We are not responsible for any consequences resulting from your failure to possess proper travel documentation.

4.2 Health and Safety

You are responsible for assessing and determining your fitness for a trip, and for evaluating the risks of any activities you participate in. You should consult your physician before traveling, especially if you have any pre-existing medical conditions.

You agree to comply with all health and safety guidelines, instructions, and protocols provided by tour guides, service providers, and local authorities during your trip.

4.3 Travel Insurance

We strongly recommend that all travelers purchase comprehensive travel insurance, including coverage for trip cancellation, medical emergencies, evacuation, and personal property. Travel insurance is not included in our tour prices unless specifically stated.

5. Intellectual Property

The Site and its original content, features, and functionality are owned by Pushistaya Yaichnitsa and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

6. Disclaimer of Warranties

The Site and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site or Services will be available at any particular time or location, uninterrupted or secure, free of errors, defects, viruses or other harmful components, or that any defects or errors will be corrected.

Information provided on this Site about destinations, travel timings, accommodations, and services is for general informational purposes only and is subject to change. We make reasonable efforts to ensure its accuracy but cannot guarantee it.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Pushistaya Yaichnitsa, its affiliates, directors, employees, agents, partners, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Site or Services;
  • Any conduct or content of any third party on the Site;
  • Any content obtained from the Site; and
  • Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pushistaya Yaichnitsa, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site or Services.

11. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By phone: +1 (403) 762-8421
  • By mail: 123 Mountain View Road, Banff, Alberta T1L 1B3, Canada
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