Date:
September 4, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO
USING BASECAMP’S WEBSITE OR BOOKING A RESERVATION WITH BASECAMP OR USING
BASECAMP’S WEBSITE.
THESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR
ACCESS TO AND USE OF BASECAMP’S WEBSITE AND WI-FI SERVICES AVAILABLE AT THE BASECAMP
RESORTS GROUP. IN THE EVENT THAT YOU BOOK
A RESERVATION AT ANY BASECAMP RESORTS GROUP PROPERTY, THE ACCOMMODATION-RELATED
TERMS CONTAINED IN THESE TERMS GOVERN YOUR RESERVATION AND USE OF THE PROPERTY.
BY CONNECTING TO WI-FI
IN ANY BASECAMP RESORTS GROUP PROPERTY OR USING THE BASECAMP WEBSITE, YOU
CONFIRM THAT YOU HAVE READ AN AGREE TO BE BOUND BY THESE TERMS [KA1] . YOU HEREBY WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND POSSESS THE
LEGAL AUTHORITY TO AGREE TO THESE TERMS AND TO USE BASECAMP’S WEBSITE IN
ACCORDANCE WITH THESE TERMS.
A. INTERPRETATION
1. Definitions.
In these Terms, unless the context
otherwise requires:
(a) “Accommodation”
means a room, suite, or other accommodations (including any private, public or
common area or space to which a Guest may be provided access) at or by a
Basecamp Property;
(b) “Additional
Services” means services other than the Accommodation which may be offered
or provided to the Guest by the Basecamp Property for an additional fee, at the
discretion of Basecamp;
(c) “Arrival”
means the Guest’s actual arrival at a Basecamp Property for the start of their
Reservation;
(d) “Basecamp”
means Basecamp Resorts Group, including: Canmore Hotel and Spa GP Ltd.;
Basecamp Resorts Ltd.; Basecamp Lodge Canmore; Basecamp Suites Canmore;
Basecamp Resorts Canmore; Lamphouse Hotel Canmore; Northwinds Hotel Canmore;
MTN House Hotel by Basecamp; Baker Creek by Basecamp; Sundance by Basecamp;
Basecamp Suites Banff; Basecamp Lodge Golden; Northwinds Hotel Revelstoke;
Basecamp Suites Revelstoke; Basecamp Resorts Revelstoke; Everwild; Rhythm and
Howl; and any subsidiaries, affiliates,
or related entities of any of the foregoing;
(e) “Basecamp Account” has the
meaning ascribed to it in section 2.1;
(f) “Basecamp
Customer Service” means services available via telephone, email, internet
chat service or other communication method by which Basecamp communicates with
a Guest, or proposed guest of a Basecamp Property, in respect of a Reservation
or otherwise;
(g) “Basecamp
Property” means a hotel or other property owned and/or operated by
Basecamp;
(h) “Basecamp
Website” means the internet website(s) through which information about a
Basecamp Property may be obtained or through which Reservations may be made or
modified in respect of a Basecamp Property (including, without limitation, www.basecampresorts.com and www.stayeverwild.com);
(i) “Damage Claim” has the
meaning ascribed to it in section 10.8;
(j) “Guest”
or “you” means, collectively and individually, and as the context may
require, you, any member of your household, anyone travelling with you, the
person who made the Reservation, any person named in the Reservation
Confirmation, or any person whom you invite to a Basecamp Property, whether or
not such person is using any Accommodation, as the case may be;
(k) “Guest Access” has the meaning
ascribed to it in section 2.1;
(l) “Payment Processor” has the
meaning ascribed to it in section 11.2;
(m) “Purple
Portal” (or “Wi-Fi”) means the captive-portal Wi-Fi sign-in service
operated by Purple Wi-Fi on our behalf;
(n) “Reservation” means a booking
to rent, for a specified period, an Accommodation;
(o) “Reservation
Confirmation” means the written confirmation provided to the Guest by
Basecamp in respect of a Reservation upon booking and full payment of the
Reservation Price; such Reservation Confirmation may be provided to the Guest
via email, fax or through the Basecamp Website;
(p) “Reservation Price” has the
meaning ascribed to it in section 10.3;
(q) “Scheduled
Arrival” means 4:00 p.m. on the first day of the Reservation, as set out in
the Reservation Confirmation; and
(s) "Terms"
means these Terms and Conditions of Service.
B. BASECAMP WEBSITE AND WI-FI
2. Account Registration and Use
2.1 In order to access certain features of
the Basecamp Website you must register to create an individual account where
prompted via the Basecamp Website (a “Basecamp Account”). Certain
features, including making and viewing reservations, may be accessed without
creating a Basecamp Account by providing required information as a guest user
(“Guest Access”).
2.2 Your Basecamp Account will be created
for your personal use of the Basecamp Website based on certain personal
information you provide. You warrant that all information supplied by you during
Basecamp Account registration, and in using the Basecamp Website or your
Basecamp Account, is true and accurate and without limitation, or any false or
fraudulent reservation, and that you will update it to keep it accurate,
current and complete. Basecamp may suspend or terminate your Basecamp Account
and your access to the Basecamp Website if you create more than one account
attributable to the same user or individual, or if any information provided in
relation to the Basecamp Account is inaccurate, fraudulent, not current,
incomplete or otherwise in violation of these Terms.
2.3 When registering for a Basecamp
Account, you will be prompted to create a username and password, and you are and
remain responsible for safeguarding them. Unless expressly authorized by
Basecamp, you may not share your Basecamp Account or credentials, nor allow
others to access or use it. You will immediately notify Basecamp of any
unauthorized use.
2.4 You agree to be financially responsible
for all of your use of your Basecamp Account and the Basecamp Website (as well
as for use of your Basecamp Account by others, including without limitation
minors living with you). You agree to supervise all usage by minors of the
Basecamp Website under your name or Basecamp Account. You agree that the
reservations facilities of the Basecamp Website or accessible via your Basecamp
Account shall be used only to make legitimate Reservations or purchases for you
or for another person for whom you are legally authorized to act. You
understand that overuse or abuse of the reservations facilities of the Basecamp
Website or your Basecamp Account may result in your being denied access to such
facilities.
2.5 For any Reservations or Additional
Services which may be booked using the Basecamp Website or your Basecamp
Account for which fees may be charged, you agree to abide by the terms or
conditions of purchase imposed, including, but not limited to, payment of all
amounts when due and compliance with all rules and restrictions regarding
availability of rates, products, or services. You shall be completely
responsible for all charges, fees, duties, taxes, and assessments arising out
of the use of the Basecamp Website or your Basecamp Account by you.
3. Personal Information; Wi-Fi Captive
Portal
3.1 Your access to and use of the Basecamp
Website, Wi-Fi, Accommodation, and Additional Services (as may be applicable)
is subject to Basecamp’s Privacy policy: www.basecampresorts.com/privacy-policy.
In addition, Basecamp and its service provider, Purple Wi-Fi, may collect and
use your personal information (as outlined below) to provide you with secure
Wi-Fi and to send marketing communications.
3.2 When you connect to the Wi-Fi at a
Basecamp Property, you are re-directed to a captive portal operated by Purple
Wi-Fi. Purple Wi-Fi records the personal information you voluntarily supply (as
outlined below). This information is stored on servers located in Canada or,
where transferred abroad, subject to contractual safeguards that meet the
requirements of applicable Canadian privacy law such as CASL, PIPA and PIPEDA. As
a service provider to Basecamp, Purple Wi-Fi processes such information only in
compliance with Basecamp’s documented instructions, and in accordance with
applicable law.
3.3 When you connect to the Wif-Fi at a
Basecamp Property, personal information inclusive of the following will be
collected:
· First
and last name, email address, mobile number and (optionally) postal/ZIP code
· Social-login
profile data, if you choose to use a social media sign-in
· Device
MAC address, connection timestamps and anonymised browsing-session metadata
3.4 Your personal information is collected
under your express consent for the following purposes: (a) the provision of
internet access, and network authentication and security, (b) Guest support,
analytics, and fraud prevention, and/or (c) promotional email and/or SMS
messages, and provision of marketing communications, where express, opt-in
consent is provided. You may decline to provide any information not strictly
required for Wi-Fi access. This information may be transferred to Purple Wi-Fi,
Mailchimp, Klaviyo, Canary Technologies and WebRezPro PMS, each of which is
subject to a contract with Basecamp containing data protection requirements and
applies industry-standard safeguards. Marketing communication and consent logs
are retained for 3-5 years after your last interaction with Basecamp, unless
you withdraw consent earlier. Upon verified request, Basecamp deletes or
anonymises your personal information within 30 days (save for any evidence or proof
of the withdrawal of consent, which is retained for 2 years as required by CASL).
3.5 You may withdraw consent to marketing
communications at any time by clicking “Unsubscribe” in any email message
received from Basecamp, replying “STOP” to an SMS from Basecamp, or contacting
Basecamp Customer Service.
4. Limited License
The content
and information displayed on the Basecamp Website is the property of Basecamp
and/or other third parties. The downloading, reproduction, or retransmission of
this content and information, other than for non-commercial individual use, is
strictly prohibited.
5. Prohibited Conduct
You agree
not to: (a) copy, display, modify, reproduce, or otherwise transfer any content
and information displayed on the Basecamp Website to any third party without
the prior written permission of Basecamp; (b) interfere or disrupt networks
connected to the Basecamp Website; (c) use or attempt to use any device,
software or routine which interferes with the proper functioning of the
Basecamp Website or any transactions being offered through the Basecamp
Website; (d) transmit files, data or other materials containing a computer
virus, corrupted data, worms, “Trojan horses” or other instructions or design
that would erase data or programming or cause the Basecamp Website or any
equipment or system to become inoperable or incapable of being used in the full
manner for which it was designed; (e) deliver any communication to or through
the Basecamp Website which violates any local, provincial, federal or
international law; (f) deliver any communication to or through the Basecamp
Website that contains defamatory, libelous, abusive or obscene material; or (g)
deliver any communication to or through the Basecamp Website that will infringe
upon the rights of any third party.
6. Intellectual Property
The Basecamp
Website and the content and information displayed thereon contain and reference
trademarks, patents, trade secrets, technologies, products, processes or other
proprietary rights of Basecamp and/or other third parties. Such content and
information is the proprietary information of Basecamp or its licensors, and no
license or right to or in any such trademarks, patents, trade secrets,
technologies, products, processes and other proprietary rights of Basecamp
and/or third other parties is granted to or conferred upon you. You may not
remove any copyright, trademark notice or proprietary notices from any such
content or information, or use the Basecamp Website except as permitted in
these Terms. Contents of the Basecamp Website are the copyrighted property of
Basecamp, or a Basecamp licensor, as applicable. All contents of the Basecamp
Website are protected by Canadian and international copyright laws.
7. Linked Websites
The Basecamp
Website may include links to other web sites. Basecamp provides such links
solely as a convenience to you and for informational purposes only. Basecamp
has not reviewed all of the information on these other web sites. The inclusion
of these links in no way indicates Basecamp’s endorsement, support or approval
of the content, advertising, products, services, policies or other materials on
or available from such web sites. Neither Basecamp, nor any other providers of
products or services related to the Basecamp Website, shall be responsible for
the content of any other web sites and make no representation or warranty
regarding any other web sites or the contents or materials on such web sites.
If you decide to access other web sites, you do so at your own risk.
8. Disclaimer
All content
and information on the Basecamp Website is provided "as-is" without
any warranty, representation, condition, undertaking or term of any kind,
express or implied, statutory or otherwise, including without limitation,
warranties of merchantability, non-infringement of intellectual property, or
fitness for a particular purpose. Because some jurisdictions prohibit the
exclusion of implied warranties, the above exclusions may not apply to
you. Further, Basecamp does not warrant the accuracy or completeness of
the information, text, graphics, links or other items contained within the
Basecamp Website, or content and information on the Basecamp Website. Basecamp
may make changes to the foregoing at any time without notice, but makes no
commitment to update the foregoing.
C. RESERVATIONS AND ACCOMMODATION
9. Travel Agents
Any travel
agent or other service provider (collectively a “travel agent”) used by Guest
to make a Reservation is deemed by Basecamp, for all purposes, as the Guest’s authorized
agent. Neither Basecamp nor any Basecamp Property shall be liable for any
representations made by the Guest’s travel agent. You acknowledge and agree
that no travel agent acts for Basecamp or has authority to modify or waive
these Terms in any way.
10. Rates, Payment, Security Deposit and
Liability for Damage
10.1 For Reservations of Accommodation
consisting of a room or suite: For non-refundable pre-paid Reservations, full
payment must be paid by credit card at time of booking. Basecamp reserves the
right to cancel your Reservation if full payment is not received at the time a
Reservation is made. For flexible non-pre-paid Reservations, full payment must
be paid by credit card 72 hours prior to check-in. Basecamp reserves the right
to cancel your Reservation if full payment is not received.
10.2 For Nordic spa Reservations: For
non-refundable pre-paid Reservations, full payment must be paid by credit card
at time of booking. Basecamp reserves the right to cancel your Reservation if
full payment is not received at the time a Reservation is made. For flexible
non-pre-paid Reservations, full payment must be paid by credit card 24 hours
prior to check-in. Basecamp reserves the right to cancel your Reservation if
full payment is not received.
10.3 All Accommodation rates are subject to
change at Basecamp’s discretion until the full cost of the reservation for the Accommodation,
security deposit applicable to the Accommodation (as specified in section 10.6),
and any other applicable fees (collectively, the “Reservation Price”)
are paid in full.
10.4 All rates are subject to change at any
time due to the imposition of taxes or other government charges or other
reasons or events beyond Basecamp’s control. Basecamp may reissue an invoice
for any Reservation to reflect any such changes, or to correct any error in the
computation of the Reservation Price.
10.5 All costs for travel to and from a
Basecamp Property, entry visas, passports, health certificates and items or
services of a personal nature (including, but not limited to: laundry; meals;
alcoholic beverages; spa services; internet access; telephone calls; faxes;
gratuities; or, special services) not otherwise specified in the Reservation
Confirmation or purchased by you as an Additional Service, are not included in
your Reservation or the Reservation Price.
10.6 A minimum security deposit of $250.00 per unit
of Accommodation booked is due on the day of arrival. The security deposit may
be used, in part or in full, to set off any amount or other liability owing, or
which may become owing, to Basecamp by the Guest.
10.7 As a Guest, you are responsible for
leaving the Accommodation (including any property located at, in, or associated
with an Accommodation) in the condition it was in at Arrival. You acknowledge
and agree that you are responsible for your own acts and omissions, and are
also responsible for the acts and omissions of any individuals whom you invite
to, or otherwise provide access to, the Accommodation.
10.8 In the event that Basecamp claims and
provides evidence of damage (which, for the purpose of this section 10 includes
loss or theft) to Basecamp property (“Damage Claim”) to the Guest,
including but not limited to photographs or a written statement of a Basecamp
or Basecamp Property employee, you agree that you are liable to pay the cost of
repairing or replacing the damaged property.
10.9 If you or any Guest agrees to pay Basecamp
in connection with a Damage Claim, or if Basecamp determines, in its sole
discretion, that a Guest is responsible for damaging an Accommodation or any
personal or other property located at, in, or associated with, an Accommodation
or a Basecamp Property, Basecamp will collect any such costs from you and/or
against the applicable security deposit. Basecamp also reserves the right to
otherwise collect payment from you and pursue any remedies available to
Basecamp in this regard in situations in which a Guest has been determined, in
Basecamp's sole discretion, to have damaged, or to be otherwise liable for
damage to, any Accommodation or any personal or other property located at an
Accommodation or a Basecamp Property.
10.10 Provided the Guest has not caused any damage
to a Basecamp Property or otherwise incurred any charges or liability in
respect of the Guest's stay at a Basecamp Property, Basecamp will refund the
full applicable security deposit to the Guest within 48 hours of the end of the
Reservation or the Guest’s actual departure from the Basecamp Property,
whichever is later.
10.11 Terms, conditions and policies in respect of
security deposits will be explained to you upon check-in, or by contacting
Basecamp Customer Service prior to Arrival.
11. Credit Card Processing
11.1 Your use of your credit card number to
apply payment in respect of the Reservation Price indicates your acceptance of
and compliance with all Terms related to credit card processing, whether or not
you have actually signed the appropriate credit card slip or any other
document.
11.2 Basecamp may use a third-party payment
processor (a “Payment Processor”) for the purpose of charging and
processing the Reservation Price, and/or for making and processing any
adjustments or any refunds to or from the credit card you provide at the time a
Reservation is made. In order to allow the Payment Processor to complete
such transaction, certain information about you and your Reservation may be
provided to the Payment Processor. Such information may include but is
not limited to: your name; address; phone number; credit card number,
expiration date, security code and other particulars; and the Reservation
Price. You hereby consent to the disclosure of any required information
to the Payment Processor for payment processing purposes, including without
limitation for the purposes of any dispute or investigation that may be
initiated by you, the Payment Processor, Basecamp, or the issuer of the credit
card.
12. Currency and Local Time
12.1 Unless otherwise expressly indicated, all
rates, prices and other amounts are quoted in Canadian funds.
12.2 Any reference to time or date is the local
time at the Basecamp Property booked.
12.3 For the purpose of computing time, a day
means 24 full hours.
13. Cancellation
13.1 In the event of cancellation of a
Reservation by Guest, applicable cancellation charges depend on when Basecamp
receives notice of the cancellation (a “cancellation notice”). Minimum
cancellation charges applicable are as follows:
13.2 In the event of cancellation of a
Reservation, the security deposit paid by the Guest as part of the Reservation
Price will be refunded in full by Basecamp to the Guest within 5 days of
Basecamp receiving a cancellation notice.
13.3 For Accommodation Reservations consisting
of 4 rooms/suites or more, a group cancellation policy of 45 days (30 days
during low season[KA1] )
will be applicable. To cancel or change your Reservation, you have until 45
days (30 days during low season) before check-in to do this free of charge.
Basecamp will notify you if a Reservation is or becomes classified as a group Reservation.
13.4 For Reservations consisting of Nordic spa
bookings of 10 people or more, a group cancellation policy of 30 days will be
applicable. To cancel or change your Reservation, you have until 30 days before
check-in to do this free of charge. Basecamp will notify you if a Reservation
is or becomes classified as a group Reservation.
13.5 In order to receive a refund of a
Reservation Price, in whole or in part, if applicable or available, Guest must
request and receive written confirmation of cancellation from the Basecamp
Website, or via email if the cancellation is made through Basecamp Customer
Service.
13.6 Any cancellation charges outlined in these
Terms or otherwise charged to the Guest are liquidated damages and not a
penalty.
13.7 Refunds for Additional Services may be
subject to additional restrictions, as indicated in the applicable Reservation
Confirmation or as indicated at the time any Additional Services are booked.
13.8 No reimbursements or refunds will be
issued for unused travel services or any component of the Reservation or any
Additional Services, except in accordance with these Terms.
13.9 Refunds are not granted for bookings
cancelled due to inclement weather or illness, unless otherwise cancelled and
eligible for a refund in accordance with these Terms.
13.10 No refunds or adjustments will be granted if
a sale or otherwise reduced price is advertised after a Reservation is
confirmed.
13.11 If the price of Accommodation is displayed
incorrectly on the Basecamp Website or otherwise in Basecamp’s reservation
system, or if the Reservation Price was incorrectly displayed, provided, quoted
or charged by Basecamp, Basecamp reserves the right to cancel the Reservation
at the incorrect price any time prior to check-in. If a refund is owed to
the Guest, it will be processed within 7 business days.
13.12 In the event that Basecamp or the applicable
Basecamp Property is unable to honour your Reservation, Basecamp will refund
the full Reservation Price, but will not be liable for any cost incurred due to
relocation or otherwise, directly or indirectly, as a result of such inability
of Basecamp to provide the Accommodation. Alternatively, Basecamp may
substitute accommodation of equal or greater quality, including at a location
other than the Basecamp Property at which the Reservation was originally made,
at Basecamp’s discretion.
13.13 If you do not check-in for the first night
of your Reservation but plan to check-in for subsequent nights of the
Reservation, you must confirm your intention to arrive late with Basecamp no
later than the day of your Scheduled Arrival to prevent cancellation of the entire
Reservation. If you do not confirm such late check-in with Basecamp, the entire
Reservation may be cancelled and no refund will be provided (except for the applicable
security deposit).
13.14 All requested changes to Reservations,
including upgrades or changes to the name of the registered guest(s), are
subject to Basecamp’s sole discretion. Any changes must be approved in
writing by Basecamp. Changes may be subject to additional charges or adjustment
to the Reservation Price, as determined by Basecamp. Such changes to the
Reservation Price will be communicated to the Guest by Basecamp prior to any
charges to the Guest or the Reservation Price being made.
13.15 Basecamp will contact you at Basecamp’s
earliest convenience to notify you if there are any changes to your
Reservation.
13.16 Any refunds or credits will be made to the
original method of payment, or by such other method that Basecamp determines,
in its sole discretion.
14. Pet Policy
14.1 Many Basecamp Properties pride themselves on
their ability to offer their guests the convenience of traveling with their
pets. However, when making a Reservation, guests must notify Basecamp whether
pets (up to a maximum of two) will be present during their stay to ensure they
can be accommodated accordingly.
14.2 There are limited pet-friendly units in
Basecamp Properties, and these specific units are the only units that are able
to accommodate pets. If a pet is found in a non-pet-friendly unit within
Accommodation booked by the Guest, due to lack of notification by the Guest, a
fine of $100/night will be charged to the Guest.
14.3 The Guest is responsible for any damage
incurred by pet(s) in the Accommodation booked by the Guest during their stay
and charges will be applied to the Reservation upon checkout. Additional
cleaning required due to mess from pet waste, pet feeding, coat shedding, paw
marks on carpet/furniture or the like, will incur a cleaning fee based on any
amount incurred by Basecamp for deep cleaning.
14.4 Pets must be fully house-trained and
leashed whilst on Basecamp Property. Pets are not allowed on furniture and
bedding, and are not to be bathed in bathrooms, located on or in Basecamp
Properties. Pets are not allowed in food & beverage establishments on or in
Basecamp Properties or in Basecamp Nordic spas.
14.5 Pets are not to be left unattended at any
time while on or at any Basecamp Property.
14.6 Any disturbances, such as barking, must be
curtailed immediately to avoid inconveniencing neighboring guests of Basecamp
Properties. If lost revenue results from disturbing other guests, the Guest will
be responsible for reimbursement to Basecamp.
14.7 The Guest is fully responsible, morally
and financially, for any and all damages and/or personal injuries resulting
from their pet’s presence on any Basecamp Property during their stay.
14.8 The Guest agrees to indemnify and hold
harmless Basecamp, the Basecamp Property, and their respective owners and
operators from any and all liability and damage suffered as a result of the
pet’s presence.
14.9 Basecamp Property management reserves the
right to perform inspections of Accommodations booked by the Guest during your
stay.
15. Special Requests
Basecamp
cannot guarantee that it will satisfy special requests (including, but not
limited to, requests for specific rooms or room locations, adjoining rooms or
bed sizes with any Basecamp Property). Basecamp is not responsible nor liable
to any Guest or visitor on any Basecamp Property if such requests are not
honoured or accommodated.
16. Persons with Disabilities
16.1 Basecamp cannot guarantee that all areas
of a Basecamp Property or the Accommodations are barrier free, wheelchair
accessible, or otherwise accessible by persons with physical or other
disabilities.
16.2 Neither the Reservation nor the
Reservation Price includes any services that may be required as a result of any
physical or other disability.
16.3 Guests with physical or other disabilities
must contact Basecamp prior to making a Reservation to ensure that the applicable
Basecamp Property is able to accommodate the respective Guest’s disability and
to determine if accessible or suitable accommodations are available for such
Guest.
16.4 Guests travelling with equipment that have
unusual electrical or other requirements, and those Guests travelling with
service animals, are requested to contact Basecamp Customer Service prior to
making a Reservation to ensure that the Guest can be fully and properly
accommodated in a suitable Basecamp Property.
17. Accommodation and Basecamp Property Changes
17.1 Basecamp may, for any reason, at any time,
and without prior notice, substitute Basecamp Property and/or Accommodations
for accommodations of equal or greater value than those specified in the
Reservation Confirmation, including at a location other than the Basecamp
Property booked by the Guest, if necessary, at Basecamp’s discretion. Basecamp
shall not be liable for any loss or additional cost to Guest caused by such
substitution.
17.2 Occupancy of any Accommodations is limited
to the number of people specified in the Reservation Confirmation. Basecamp
reserves the right to limit the number of people that may stay in any
Accommodation or any room within it.
18. Check-in and Check-out
18.1 The usual check-in time for Basecamp
Property Reservations is 4:00 pm and the usual check-out time is 11:00 am,
regardless of the Guest’s arrival or departure times.
18.2 Basecamp Property Nordic spa hours of
operation are 9:00 am to 9:00 pm Sunday through Thursday, and 9:00 am to 10:00
pm on Friday and Saturday. These hours are subject to change without notice.
Please arrive at the time noted in your spa Reservation. Reservations arriving
30 or more minutes after the specified arrival time may be cancelled without
notice.
19. Accuracy of Information
19.1 Basecamp will make reasonable efforts to
ensure that the information about the Basecamp Properties, Accommodations,
Additional Services and any other information described on the Basecamp Website
or obtained from Basecamp Customer Service is current and accurate. In the
event if any such information is found to be inaccurate, Basecamp is not
responsible nor liable for any such inaccuracy, incompleteness, or omission.
19.2 Basecamp Property and Accommodation
information, including photographs, contained on the Basecamp Website or
otherwise provided by Basecamp Customer Service is provided as a guideline only
and not a guarantee that everything pictured or described is exactly as
depicted.
19.3 Prices or other information applicable to
Accommodations may be different when visiting the Basecamp Website or
contacting Basecamp Customer Service at different times, including on the same
date.
20. Parking
20.1 Basecamp will aim
to provide a minimum of one complimentary parking space for use per
Reservation, for use by the Guest during their stay at the relevant Basecamp
Property, unless otherwise stated. Only authorized vehicles are permitted on
the Basecamp Property, and Basecamp cannot guarantee the availability of
parking.
20.2 Vehicles shall
not block entrances, emergency exits, or the exit of other drivers from any
Basecamp Property parking area. A valid parking pass should be displayed in the
vehicle while using any Basecamp Property parking facility or area.
20.3 Breaches the
Terms or applicable law may conclude in vehicle removal or removal of access
rights to any Basecamp Property parking facility or area.
20.4 Basecamp shall
not be liable for any damage or loss to any vehicle or any goods of the vehicle
owner while on Basecamp Property.
20.5 Basecamp has the
right to pursue any claims of damage or loss to property, or injury or death,
that may be caused (whether in whole or in part) by the vehicle or vehicle
owner while using any Basecamp Property parking facility or area.
21. Compliance with Local and Other Laws
The Guest is
responsible for knowing, obeying and complying with the laws and regulations of
the Province, municipality and/or city in which the Basecamp Property at which
their Reservation has been made is located, and the laws and regulations of
Canada, as they may apply to the Guest’s stay. Neither Basecamp nor any Basecamp
Property staff has any duty to inform or warn Guest about any applicable laws
or regulations.
22. Release, Waiver, and Indemnity
22.1 Without limiting section 27 of these
Terms, and notwithstanding any other provision included in these Terms, in the
event that you choose to undertake any optional and/or physical activity at a
Basecamp Property or as part of any Additional Services or in connection with
your voluntary purchase of an optional tour, excursion or activity inside or
outside of a Basecamp Property, you acknowledge that:
(a) any
such activity may inherently create a risk of personal injury, death, loss or
damage to you and/or your personal possessions, and you hereby expressly agree
to assume the entirety of such which you may suffer during or arising out of
your participation in such activity, howsoever caused;
(b) Basecamp
may make arrangements with third party service providers to provide services in
connection with such activities, and although Basecamp exercises great care in
choosing its service providers, it does not have control over them and
therefore cannot accept responsibility for, nor can be held liable for, any
acts or omissions or negligence of any such service provider, nor their
employees, servants, agents, subcontractors or unrelated third parties;
(c) some
third party service providers may not be agents or employees of Basecamp,
notwithstanding their use of any signage or clothing which may contain the name
“Basecamp” or other related trade names or logos;
(d) such
activities are subject to conditions and limitations imposed by third party
service providers involved in their delivery, as well as any applicable
laws; and
(e) Basecamp
has installed video recording technology in public locations, such as lobbies,
hot tub areas, walkways, and parking areas, for the safety of its employees and
visitors; and
You hereby
release, discharge, and indemnify Basecamp from and against any and all
liability or claims of any nature arising out of or in relation to any loss,
damage, death, and/or injury or illness (whether physical or mental), resulting
from or connected to any delay or substitution of equipment, or any act,
omission or negligence of any third party service provider, or their employees,
servants, agents, subcontractors or unrelated third parties resulting from or
arising out of any such activity in which you voluntarily participate or that
is arranged at your request and/or cost, whether booked prior to Arrival or
while at a Basecamp Property, and you agree to accept all risks associated
therewith.
22.2 Regardless of Basecamp’s liability in
connection therewith, any incidents, including injuries, service cancellation
or problems, or dissatisfaction, must be reported to Basecamp as soon as
possible to allow Basecamp an opportunity to provide assistance, investigate,
and to otherwise obtain and secure records or evidence.
D. GENERAL
23. Assignment of Terms
You may not
assign or transfer these Terms, by operation of law or otherwise, without
Basecamp’s prior written consent. Any attempt by you to assign or transfer
these Terms, without such consent, will be null and of no effect. Basecamp may
assign or transfer these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of each
of you and Basecamp, as well as each party’s successors and permitted assigns.
24. Modification or Amendment of Terms
24.1 Basecamp reserves the right, at its sole
discretion, to modify the Basecamp Website, any Additional Services or
Accommodation, or to modify these Terms, including without limitation in
respect of fees, policies and prices, at any time and without prior notice.
24.2 If Basecamp modifies the Terms, we will
post the modification on the Basecamp Website and/or provide you notice of the
modification by email. Basecamp will also update the effective date noted at
the beginning of the Terms.
24.3 Changes to the Terms will be effective at
the time of posting to the Basecamp Website.
24.4 Your continued access to or use of the
Basecamp Website or Wi-Fi, or your use of the Accommodations, any Basecamp
Property or Additional Services, will constitute your acceptance of such
modified Terms.
24.5 If you have made a Reservation, and such
modified Terms contain material changes applicable to your Reservation (whether
by decreasing your rights, increasing your responsibilities, or otherwise
changing a fundamental term of a Reservation or your use of the Accommodations,
the Additional Services or the applicable Basecamp Property), Basecamp will
attempt to provide you with notice prior to the changes taking effect.
24.6 If the modified Terms are not acceptable
to you, your only recourse is to cease using the Basecamp Website (and if
applicable, close your Basecamp Account and/or cancel your Reservation) in
accordance with these Terms. If you do not take these steps (as applicable),
then you will be deemed to have accepted the modified Terms in full.
25. No Waiver and Severability
25.1 The failure of Basecamp to enforce any
right or provision of the Terms will not constitute a waiver of future
enforcement of that right or provision.
25.2 The waiver of any right or provision of
the Terms will be effective only if in writing and signed by a duly authorized
representative of Basecamp.
25.3 Except as expressly set forth in the
Terms, the exercise by you or Basecamp of any of its respective remedies under
the Terms will be without prejudice to its other remedies under the Terms or
otherwise.
25.4 If any term or condition or any portion of
the Terms is held invalid or unenforceable, the remaining portions of the Terms
will remain in full force and effect, and, if possible, the portion(s) found
unenforceable will be construed in a manner consistent with the remaining
portions.
26. Notice
Notices to
Guests will be sent to the email, postal address or phone number provided or indicated
by the Guest in their Basecamp Account or otherwise provided or posted to the
Basecamp Website. Marketing communications sent by Basecamp contain a
functional unsubscribe mechanism as described in section 3.5. Notices to
Basecamp, including without limitation complaints or claims (which must be
received by Basecamp within 14 days from the end of the relevant Reservation),
must be provided in writing and can be sent to: Unit 201B, 306 Bow Valley
Trail, Canmore, AB T1W 0N2.
27. Limitation of Liability
27.1 Basecamp assumes no responsibility for any
claim, loss, damage, cost or expense arising out of: personal injury, accident
or death; loss, damage, or delay of baggage or other property; or delay,
inconvenience, loss of enjoyment, upset, disappointment, distress or
frustration, whether physical or mental, resulting from any of the following:
(a) the act or omission of any third
party including suppliers, vendors or service providers;
(b) sickness, death, theft, labour
dispute, mechanical breakdown, quarantine, government actions, weather, or any
other cause beyond Basecamp’s direct or reasonable control;
(c) your failure to obtain any documentation
or permit that may be required for your travel to a Basecamp Property, such as
passports, visas, and/or certificates; and/or
(d) your failure to follow instructions
provided by Basecamp on the Reservation Confirmation, the Basecamp Website,
through Basecamp Customer Service, or otherwise; or cancellation or change of
the Reservation for any reason, except as provided in these Terms.
27.2 BASECAMP’S TOTAL LIABILITY FOR ANY LOSS,
DAMAGE OR INJURY, WHETHER IN AN ACTION UNDER CONTRACT OR TORT, AND WHETHER
ARISING FROM YOUR USE OF OR ACCESS TO THE BASECAMP WEBSITE, THE WI-FI,
ACCOMMODATIONS, ANY BASECAMP PROPERTY OR ADDITIONAL SERVICES; THE PERFORMANCE
OR NON-PERFORMANCE BY BASECAMP OR ANY THIRD PARTY SERVICE PROVIDER OF PRODUCTS
OR SERVICES; DAMAGE TO PROPERTY;
PHYSICAL OR MENTAL INJURY; OR ARISING FROM BASECAMP’S OWN ACTS, OMISSIONS OR
NEGLIGENCE, IS LIMITED TO THE LESSER OF THE RESERVATION PRICE (LESS THE
SECURITY DEPOSIT) THAT YOU PAID TO BASECAMP FOR THE RESERVATION WITH RESPECT
YOUR CLAIM RELATES, OR $500. IN NO EVENT SHALL BASECAMP BE LIABLE FOR ANY
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS
OF PROFITS OR DATA.
27.3 You agree to indemnify and save harmless
Basecamp against any liability, actions (including legal fees), claims, losses,
costs, and/or damages, which Basecamp may incur, sustain or pay arising out of
or in connection with any negligent or intentional act or omission by you or by
anyone for whom who you are responsible (whether at law or pursuant to these
Terms), in relation to any incident alleged to have occurred in relation to
your use of or access to the Basecamp Website, Wi-Fi, Accommodations, any
Basecamp Property, Additional Services, or other services provided by or
requested from Basecamp, as may be applicable.
28. Force Majeure
Neither Basecamp
nor its suppliers or service providers can assume liability for any loss,
damage or injury of any nature in whole or in part resulting from an act of God
or any other force majeure condition including without limitation: fire,
volcanic eruption, environmental pollution or contamination, inclement weather,
earthquake, flood, water or power shortages or failures, tropical storms or
hurricanes, avalanche, road closures, riots or civil commotions or disturbances
and any other acts of similar nature, sabotage, arrests, strikes or other
labour disruptions, restraints of rulers or peoples, expropriations, acts of
terrorism, war, insurrection, quarantine restrictions, government health
advisories or warnings or alerts of any kind or nature, government seizures,
refusal or cancellation or suspension or delay of any government authority or
any license, permit or authorization, damages to a Basecamp Property or related
facilities, or any other factor unforeseen by Basecamp that impacts negatively
on or hampers its ability to provide the Basecamp Website, Wi-Fi, or any
Accommodation or Additional Service, as may be applicable. In the event that
any of these conditions apply, Basecamp shall be excused, discharged and
released from its liability and performance to the extent such performance is
so limited or prevented, without liability of any kind. A refund will not be
granted where cancellation of a Reservation must be made by Basecamp or a Guest
due to any event of force majeure.
29. Entire Agreement
29.1 Except as they may be supplemented by a
document referenced and incorporated herein or by additional Basecamp policies,
guidelines, standards, or terms applicable to a specific Basecamp Property or
Accommodation product, feature, service, Additional Services or offering, these
Terms constitute the entire and exclusive understanding and agreement between
you and Basecamp regarding, as may be appliable, the access to and use of the
Basecamp Website and/or Wi-Fi, the booking and modification of a Reservation, or
the use of the Accommodations,.
29.2 These Terms supersede and replace any and
all prior oral or written understandings or agreements that may exist between
you and Basecamp regarding Reservations, Basecamp Property, or Accommodations,
including, but not limited to: any advertising or promotional materials;
communication of any kind in respect of Basecamp, a Basecamp Property,
Accommodations, Additional Services or Reservations; or any communication with
Basecamp Customer Service or through the Basecamp website, in each case to the
extent of any inconsistency.
30.
Governing Law
The Terms
are to be interpreted and governed by, and construed in accordance with, the
laws of the Province of Alberta and the federal laws of Canada applicable
therein and are to be treated in all respects as an Alberta contract. Any and
all disputes arising under the Terms, whether as to interpretation, performance
or otherwise, are subject to the exclusive jurisdiction of the courts of the
Province of Alberta. You hereby irrevocably submit and attorn to the
jurisdiction of the Courts of the Province of Alberta.
31.
Language
Les parties aux présentes ont exigés que la présente
convention ainsi que tous les documents et avis qui s’y rattachent et/ou qui en
découleront soient rédigés en la langue anglaise. The parties hereto have required that
these Terms and all documents and notices resulting herefrom be communicated
only in English.
[KA1]Please
define low season.