Terms & Conditions

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TERMS AND CONDITIONS FOR SERVICES

Applicability.
- These terms and conditions for services (these “Terms“) are the only terms that govern the provision of services by Brew Bus Canada Inc. (“Service Provider“) to the recipient thereof as named on the Order Confirmation (“Customer“).
- The accompanying order confirmation (the “Order Confirmation“), these Terms and the waiver to be entered into by the recipients of the services (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern, unless the Order Confirmation expressly states that the terms and conditions of the Order Confirmation shall control.
Services. Service Provider shall provide the services to Customer and those persons within the group as described in the Order Confirmation, which may include transportation, tours, food and beverage consumption, and entertainment services operated via a bus to and from breweries, wineries, comedy clubs, casinos, and ski resorts (the “Services“) in accordance with these Terms.
Performance Dates. The Service Provider shall provide the Services on the date(s) set out in the Order Confirmation. The Customer acknowledges that the date(s) are not guaranteed and that the date for the Services may be rescheduled as a result of weather, vehicle availability, location availability, illness or driver availability.
Customer’s Obligations. The Customer shall:
- cooperate with Service Provider in all matters relating to the Services;
- respond promptly to any Service Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement;
- provide such information as Service Provider may reasonably request to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects;
- be responsible for all persons within their group who are participating in the Services and ensure their compliance with this Agreement;
- be responsible for ensuring that all persons within their group who are participating in the Services safely get to and from the pick up and drop off location before and after the Services and the Service Provider has no responsibility for organizing such additional transportation;
- be responsible for ensuring that all persons within their group who participate in the Services do not drive following the consummation of alcohol; and
- be responsible for any and all damages, cleaning fees, or other costs incurred as a result of the actions of the Customer or the persons within their group incurred by the Service Provider.
Customer’s Acts or Omissions. If Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, employees, guests or member of its party, the Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by the Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
Change Orders and Cancellations
- If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. The Service Provider shall, within a reasonable time after such request, provide a written estimate to Customer of:
  - any necessary variations to the fees and other charges for the Services arising from the change;
  - the likely effect of the change on the Services; and
  - any other impact the change might have on the performance of this Agreement.
- Promptly after receipt of the written estimate, the parties shall agree in writing on the terms of such change (a “Change Order“). Neither party shall be bound by any Change Order unless mutually agreed upon in writing.
- No changes to the Services, nor shall a Change Order be requested by the Customer, within 48 hours of the date and time the Services are to be provided.
- Notwithstanding Section 6(a) and Section 6(b), the Service Provider may change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Order Confirmation. Such changes may include: the order in which breweries/wineries are visited, the route taken by the driver providing the Services, the length of time at the breweries/wineries visited, and the early termination of the tour due to inappropriate customer behavior.
- If the Customer wishes to cancel the Services to be provided by the Service Provider, such request shall be made to the Service Provider no later than 7 days prior to the date the Services are to be provided. Any fees received prior to the date of cancellation shall be refunded in full. If the Customer cancels the Services within 7 days of the date the Services are to be provided, any deposit provided by the Customer shall be forfeited to the Services Provider.
- The Service Provider may cancel the Services at any time during of performance of the Services if, in the Service Providers sole discretion, the Customer or their guest(s) exhibit behaviour that is unsafe, dangerous, inappropriate, or unacceptable. In the event of such cancellation, no refund shall be provided to the Customer.
Fees and Expenses; Payment Terms.
- In consideration of the provision of the Services by the Service Provider and the rights granted to the Customer under this Agreement, the Customer shall pay the fees set forth in the Order Confirmation.
- The Customer shall pay all invoiced amounts due to Service Provider no less than 48 hours prior to the provision of the Services by the Service Provider. The Customer shall make all payments hereunder in Canadian dollars by electronic funds transfer, credit card payment or have agreed upon other payment arrangements with the service provider.
- The Customer is responsible for collecting payment from all persons in their group who are attending the Services and remitting to the Service Provider. The Service Provider will not accept separate payments from each person in the Customer’s group.
- In the event payments are not received by Service Provider 48 hours prior to the provision of the Services the Service Provider may cancel performance for all Services.
Taxes. The Customer shall be responsible for all harmonized sales tax (HST), goods and services tax (GST), value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, provincial, territorial, or local governmental entity on any amounts payable by Customer hereunder.
Disclaimer of Warranties. THE SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OR CONDITION OF MERCHANTABILITY; OR (B) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OF TRADE OR OTHERWISE.
Limitation of Liability.
- IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL THE SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
Termination. In addition to any remedies that may be provided under this Agreement, the Service Provider may terminate this Agreement with immediate effect upon written notice to the Customer, if the Customer:
- fails to pay the fees when due under this Agreement; or
- has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part.
Waiver. No waiver by the Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure. The Service Provider shall not be liable or responsible to the Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Service Provider including, without limitation, acts of God, flood, fire, earthquake, 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, epidemics, pandemics, lock-outs, strikes, or other labour disputes (whether or not relating to either party’s 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.
Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.
Choice of Forum. Any legal suit, action, litigation or proceeding arising out of or relating to this Agreement shall be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation, or proceeding. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice“) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be deemed effectively given (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier (with all fees pre-paid), signature required; (c) when sent, if by facsimile or email (in each case, with confirmation of transmission) if sent during normal business hours, and on the next business day if sent after normal business hours; and (d) on the third day after the date mailed by certified or registered mail by the Canada Post Corporation, in each case, return receipt requested, postage prepaid.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendments and Modifications. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.