Avitura Terms & Conditions of Use

Last updated: December 2025

These Terms & Conditions (“Terms”) govern your use of Avitura’s services, including (a) access to our website, (b) access to any online trip management tools, and (c) the booking and participation in any Avitura tour or private journey (“Trip”). By using our services (“Services”), you agree to be bound by these Terms and all policies incorporated by reference. If you do not agree, you must refrain from using the Services.

All Trips originating in Ontario are subject to the Travel Industry Act (Ontario) where applicable.

1. Definitions

Account Portal – The online dashboard where your trip information, invoices, documents, and communications may be accessed.
Content – All text, data, graphics, images, logos, design elements, downloadable materials, and other materials on our website or online systems.
Participant – The individual travelling on the Trip.
Services – All services offered by Avitura, including the website, online trip tools, and all travel-related activities.
Trip – Any Avitura tour, private journey, extension, or service booked through Avitura.
User – Any individual accessing the Services, including travellers representing a company, family, or group.
Web Application – Any Avitura-owned or Avitura-managed digital system used for trip information or booking management.

2. Eligibility & Use of Services

The Services are not intended for children. You must be at least 18 years of age to book or participate in an Avitura Trip.

3. Privacy Policy

Please refer to Avitura’s Privacy Policy for details on how we collect, use, disclose, and safeguard personal information. By using the Services, you consent to these practices.

4. User Accounts & Accuracy of Information

A personal account may be created for you upon registration for a Trip and receipt of your deposit. You agree to:

• provide accurate, current, and complete registration data
• keep your password secure
• promptly update all information
• accept responsibility for all activity under your account

Avitura is not liable for unauthorized access to your account arising from your failure to safeguard your information.

5. Ownership, Copyright, and Trademarks

All Content, software, and design elements are the property of Avitura or its licensors and are protected by Canadian and international copyright law. User-generated content (“User Content”), such as uploaded documents, photos, or reviews, remains the property of the User.

Avitura reserves the right to remove any User Content at its discretion.

6. License & Acceptable Use

Avitura grants you a limited, non-exclusive, non-transferable license to use the website, Web Application, and Content solely for personal, non-commercial travel planning.

You may not:

• copy, distribute, or resell any part of the Services
• reverse-engineer or modify software
• use the Services to create competing products
• remove any copyright or proprietary notices
• misuse the Services in violation of law or these Terms

Violation of these restrictions may result in termination of access and legal action.

7. Limited License Granted to Avitura for User Content

By uploading User Content, you grant Avitura a non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such content solely for the operation of the Services and your Trip.

You represent that:
• you own or have legal rights to the User Content
• the content does not violate any third-party rights or laws
• the content complies with these Terms

8. User Content Standards

You may not post or upload content that is unlawful, defamatory, threatening, infringing, harmful, or otherwise objectionable. Prohibited content includes viruses, private third-party data without consent, illegal material, and anything unrelated to trip participation.

Violation may result in account termination.

9. Deposits, Payments & Booking Conditions

Avitura may require a registration fee and/or non-refundable deposits (“Trip Deposit”). Deposits are applied to the final Trip price. A confirmation email will be issued upon payment.

If the final balance is not received by the due date, your booking will be treated as cancelled.

Payments are accepted in Canadian or US dollars by approved methods. By submitting your payment information, you authorize Avitura to process charges in accordance with your invoice and agreed schedule.

Trips are not considered confirmed to operate until all Participants have paid in full.

For cancellation and refund policies, see Section 15.

10. Travel Insurance

Travel insurance is strongly recommended for all Avitura travellers and mandatory for certain Trips.

Insurance should include:
• medical and emergency coverage
• evacuation and repatriation
• trip interruption and cancellation
• baggage and travel delay coverage

Failure to obtain adequate insurance may result in forfeiture of payments. Avitura assumes no liability for losses arising from inadequate insurance coverage.

11. Travel Documents

Participants are responsible for securing valid passports, visas, vaccinations, entry permits, and any required documentation. Lost or damaged travel documents are the sole responsibility of the traveller. Fees apply for reissued documents.

12. Air Travel

Avitura does not control airline operations and is not responsible for delays, missed connections, schedule changes, or additional expenses resulting from air travel. Please avoid non-refundable flight purchases until your Trip is confirmed as operating.

13. Personal Health & Fitness

Travellers must assess their physical suitability for the Trip. Avitura may request a medical questionnaire for certain itineraries.

Avitura or its representatives may remove a Participant from a Trip if their condition poses a risk to themselves, others, or the success of the program. No refund will be issued in such cases.

Trips may occur in remote areas with limited medical services. Evacuation costs are the responsibility of the Participant.

14. Group Participation & Use of Images

Avitura may distribute a list of Trip participants to the group prior to departure unless you opt out in writing.

Participants may be photographed or filmed during Trips. By travelling with Avitura, you grant permission for such images to be used for marketing and promotional purposes unless you decline in writing at least 30 days before departure.

15. Cancellations, Transfers & Refunds

Avitura’s Trip Cancellation and Refund Policy forms part of these Terms.
Key points include:

International Land Tours:
• Payments are non-refundable.
• One deposit transfer allowed if requested six months before departure.

Ontario Tours:
• One free rescheduling OR a credit toward another Ontario tour within the same calendar year.

Expedition Cruises:
• Fully non-refundable and non-transferable.

Full details appear in the Cancellation & Refund Policy.

16. Force Majeure

Avitura shall not be liable for delays, cancellations, injuries, losses, or failures caused by circumstances beyond its control, including but not limited to: natural disasters, pandemics, government advisories, war, civil unrest, extreme weather, mechanical breakdowns, or other extraordinary events.

17. Security of the Website & Web Application

Avitura uses industry-standard security systems, including encryption, restricted employee access, and secure hosting. However, no online platform can guarantee complete security. By using the Services, you accept these inherent risks.

18. Warranty Disclaimer

All Services are provided “as is” without warranty of any kind. Avitura does not guarantee accuracy, completeness, reliability, or uninterrupted access. Local conditions, accommodations, and standards may vary significantly from those in Canada.

19. Limitation of Liability & Indemnity

You agree that Avitura and its affiliates shall not be liable for:
• indirect, incidental, punitive, or consequential damages
• losses resulting from delays, acts of third-party providers, illness, theft, or accidents
• reliance on website or system information

Avitura’s aggregate liability will not exceed the amount you paid to Avitura in the three months prior to the claim.

You agree to indemnify Avitura for all losses or claims arising from your misuse of the Services or breach of these Terms.

20. Communications

Notices may be sent by email, posted on the website, or delivered through the Web Application. You are responsible for monitoring communications.

21. Governing Law & Dispute Resolution

These Terms are governed by the laws of Ontario and the federal laws of Canada.
Where permitted by law, disputes will be submitted to arbitration in Ontario.
If arbitration is not permitted, disputes will be resolved in the courts of Toronto, Ontario.

22. Termination of Access

Avitura may suspend or terminate your access to the Services at any time without notice. Upon termination, certain rights and obligations—including intellectual property rights, disclaimers, and liability limitations will survive.

23. Changes to These Terms

Avitura may modify these Terms at any time. Updates will be posted with a revised “last updated” date. Continued use of the Services indicates acceptance of the amended Terms.

24. Miscellaneous

If any provision of these Terms is deemed invalid, the remainder remains enforceable. Avitura may assign its rights; Users may not do so without written consent. These Terms constitute the entire agreement between you and Avitura regarding the Services.

25. Contact Information

Avitura is a Canadian eco-tourism company based in Ontario.
If you have questions about these Terms or any aspect of your Trip, please contact:
info@avitura.ca (placeholder—can be updated)