Terms of Service

1. Acceptance of Terms

Welcome to PeakMotion Hiking. By accessing and using our website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our services. These Terms of Service govern your use of our website, booking system, and all hiking tours and services provided by PeakMotion Hiking.

We reserve the right to modify these terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services following the posting of changes constitutes your acceptance of such changes. We encourage you to review these terms periodically to stay informed about our policies.

2. Service Description

PeakMotion Hiking provides guided mountain hiking tours, outdoor adventure experiences, and related services in the Banff area and Canadian Rockies. Our services include but are not limited to:

• Guided day hikes and multi-day expeditions
• Mountain safety instruction and wilderness education
• Equipment rental and outdoor gear recommendations
• Photography tours and nature observation experiences
• Custom group expeditions and corporate team-building activities

All services are subject to availability, weather conditions, and safety considerations. We reserve the right to modify, suspend, or cancel any tour or service due to circumstances beyond our control, including but not limited to severe weather, natural disasters, or safety concerns.

3. Booking and Payment

3.1 Reservations

All bookings must be made through our official website, email, or phone. A valid reservation requires completion of our booking form, acceptance of these terms, and receipt of payment confirmation. Bookings are subject to availability and are confirmed only upon receipt of full or partial payment as specified.

3.2 Payment Terms

Full payment is required at the time of booking for day tours. For multi-day expeditions, a deposit of 50% is required at booking, with the remaining balance due 30 days before the tour start date. We accept major credit cards, debit cards, and bank transfers. All prices are in Canadian Dollars (CAD) unless otherwise specified.

3.3 Cancellation Policy

Cancellations made more than 14 days before the tour date will receive a full refund minus a 10% administrative fee. Cancellations made 7-14 days before the tour date will receive a 50% refund. Cancellations made less than 7 days before the tour date are non-refundable. In the event that PeakMotion cancels a tour, participants will receive a full refund or the option to reschedule.

4. Participant Responsibilities

4.1 Health and Fitness

Participants must honestly disclose their physical fitness level, medical conditions, and any health concerns that may affect their ability to participate safely. Mountain hiking can be physically demanding, and participants should ensure they are in adequate physical condition for their chosen tour. We reserve the right to refuse service to anyone whose fitness level we deem inappropriate for the selected activity.

4.2 Age Requirements

Participants under 18 years of age must be accompanied by a parent or legal guardian. Certain tours may have minimum age requirements due to difficulty level or safety considerations. Parents and guardians are responsible for ensuring minor participants follow all safety instructions and guidelines.

4.3 Conduct and Safety

All participants must follow the instructions of our guides at all times. Behavior that endangers yourself, other participants, or guides may result in removal from the tour without refund. Participants are expected to respect the natural environment, wildlife, and other trail users. Alcohol and illegal substances are strictly prohibited during all tours.

5. Liability and Risk Acknowledgment

Mountain hiking and outdoor activities involve inherent risks including but not limited to: falls, weather-related hazards, wildlife encounters, altitude sickness, and equipment failure. By participating in our tours, you acknowledge these risks and agree that you participate at your own risk.

PeakMotion Hiking, its owners, employees, and guides shall not be liable for any injury, loss, damage, accident, delay, or irregularity that may occur during tours. Participants are strongly encouraged to obtain comprehensive travel and medical insurance that covers outdoor adventure activities.

All participants must sign a liability waiver before participating in any tour. This waiver releases PeakMotion Hiking from liability for injuries or damages that may occur during the activity, except in cases of gross negligence or willful misconduct by our staff.

6. Equipment and Personal Belongings

Participants are responsible for their personal belongings throughout the tour. PeakMotion Hiking is not liable for lost, stolen, or damaged personal items. We recommend securing valuables and bringing only necessary items on tours.

Rental equipment provided by PeakMotion must be returned in the same condition as received. Participants are financially responsible for any damage to or loss of rental equipment beyond normal wear and tear. A detailed equipment list will be provided upon booking confirmation.

7. Photography and Media

During tours, our guides and staff may take photographs and videos for promotional purposes. By participating in our tours, you grant PeakMotion Hiking permission to use your likeness in photographs, videos, and other media for marketing and promotional purposes without compensation.

If you do not wish to be photographed or have your image used, please inform our staff at the beginning of the tour. We will make reasonable efforts to accommodate your preferences while still capturing the tour experience for promotional purposes.

8. Intellectual Property

All content on the PeakMotion Hiking website, including text, graphics, logos, images, and software, is the property of PeakMotion Hiking and protected by Canadian and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission.

The PeakMotion Hiking name, logo, and all related marks are trademarks of our company. Unauthorized use of these marks is strictly prohibited and may violate trademark laws.

9. Privacy and Data Protection

We are committed to protecting your privacy and personal information. Our collection, use, and protection of your data are governed by our Privacy Policy, which should be read in conjunction with these Terms of Service. By using our services, you consent to our data practices as described in the Privacy Policy.

We collect personal information necessary for booking confirmation, safety purposes, and service improvement. We do not sell or share your personal information with third parties except as necessary to provide our services or as required by law.

10. Force Majeure

PeakMotion Hiking shall not be liable for failure to perform any obligation under these terms if such failure is caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, extreme weather, government actions, pandemics, fires, floods, earthquakes, or other acts of God.

In such events, we will make reasonable efforts to reschedule tours or provide alternative arrangements. If rescheduling is not possible, refunds will be issued according to our cancellation policy.

11. Governing Law and Disputes

These Terms of Service shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law provisions. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Alberta.

We encourage participants to contact us directly to resolve any concerns or disputes. We are committed to finding fair and reasonable solutions to any issues that may arise.

12. Contact Information

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

PeakMotion Hiking
88 Summit Way, Banff, AB T1L 1C3, Canada
Email: [email protected]
Phone: +1 587-807-3319

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.