The LionsGate Trolley Company, Ltd. dba The Great Canadian Trolley Company
Charter Rental Terms and Conditions
(effective date November 6, 2024)
Welcome to The LionsGate Trolley Company, Ltd., dba The Great Canadian Trolley Company (together, the “Company”, “we” or “our”). This document sets forth the terms and conditions governing the experience of our customers (herein referred to as “you”) when utilizing our trolley bus vehicle (“Vehicle”) charter services and any related services provided to you in planning for, after and in connection with the relevant charter (the “Services”).
By utilizing the Services, you acknowledge that you and your additional passengers (the “Passengers”) have reviewed, comprehended, and consented to abide by the terms outlined in these Charter Terms and Conditions , along with our Privacy Policy and General Disclaimer and Liability Limitation. If you are acting on behalf of other Passengers, you affirm that you possess the authority to accept these terms on their behalf, and have distributed the same to the Passengers. Please read these terms carefully before using our Services.
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CHARTER BOOKING AND PAYMENT
- a) Provision of Personal Information:
If you wish to purchase the Services you may be asked to supply certain personal information relevant to your purchase. By providing said information, you affirm that you are of legal age, that you possess the right to use the provided payment methods, and that the information you provide to the Company is true, accurate, current and complete. Your submission of personal information is governed by our Privacy Policy. Please refer to our Privacy Policy for more details.
- b) Forms of Payment:
The Company accepts payment for Services using major credit cards (Mastercard, Visa, American Express) or any other credit card as we choose to add from time to time. Payments made via Electronic Funds Transfer, Email Money Transfer, or by Company Cheque are also accepted. Cash payments are not accepted.
- c) Prices and Fees:
In addition to any fees discussed elsewhere in these Charter Terms and Conditions, the following apply to the price Services, your payment and any applicable fees:
- Payment must be received at least thirty (30) working days prior to the date of service.
- Full payment by one of the methods outlined in section 1.b is required to make a reservation.
- We charge a 3.5% service fee for processing credit card payments.
- Prices for the Services are quoted in Canadian Dollars, unless otherwise specified.
- Prices for the Services at time of payment may include a fuel surcharge, GST, PST, local taxes and any applicable booking fees.
- Not included as part of the price of the Services are any applicable attraction admission prices incidental to our Services and tips to our drivers, guides and other employees, unless otherwise stated.
- Certain charges such as fuel surcharge may not be included in the stated price and should be paid directly to our agents when using our Services.
- Prices for the Services are subject to change without notice until a booking has been confirmed.
- Additional mileage, time, or vehicles beyond the agreed terms will be charged at regular rates.
d) Booking Changes and Cancellations Prior to Services:
- i) Prior Changes and Cancellations: You must notify us by email of changes or cancellations. Changes or cancellations made after 11:00 am on the second last business day prior to the service date will incur a 30% cancellation charge.
- ii) Same Day Cancellations: Any same day cancellation will be considered as a no show and 100% cancellation fee will apply.
[iii) COVID Cancellations: If a cancellation is for COVID positive reasons, and you wish to discuss alternatives to our regular cancellation policy, please notify us via email. still need a 48 hours notice before the service date, if its canceled after this time last moment (on the same day) we the Company can not rebook your service.]
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ITINERARY
- a) Provision of Itinerary:
A detailed draft itinerary is required to be sent to the Company by you at least two (2) weeks prior to departure and the final itinerary must be received at least one (1) week prior to departure. Itineraries are subject to review by the Company. Prices are subject to change based on the final itinerary.
- b) Company Right to Change Itinerary:
The Company may need to change your itinerary if it goes over the limit of hours that a driver is allowed to drive by law, or if in its common sense feels the driver would be tired and will risk safety of the Passengers, in the event of extended working hours the driver is able to notify management about their capability during an ongoing trip, reserving us the right to pause and modify the schedule until they are rested and fit to keep driving. Drivers are able to pause the trip even without notifying management, if they deem it a requirement for your safety.
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PROVISION OF SERVICES
a) Rights Reserved:
Vehicles used for the Services are subject to availability. The Company reserves the right to change the vehicle type, route of Services and timing without notice to you.
b) Arrival Time:
- i) Timing: Even though it is Company policy to arrive 10-15 minutes before the mutually agreed upon arrival time, the time of arrival at starting point, stop, destination, or return to point-of-origin cannot be guaranteed.
- ii) Driver Speed: Drivers are carefully selected and have instruction to drive at all times at a speed within the posted speed limits.
iii) Delays: Multiple factors can delay your arrival time, including traffic, breakdowns, human error, mistakes in instructions or addresses. We do not refund your payment or cover any losses due to your late arrival to any destination.
c) Itinerary Changes During Provision of Services:
- i) Authority to Change Itinerary: Your driver will be furnished with a copy of the agreed itinerary and is specifically instructed to strictly follow it. The driver has no authority to agree to make any changes in the trip schedule. Rather, the driver must request the prior approval of a duly authorized officer of the Company. Therefore, if, after your trip commences, you wish to make changes in the agreed itinerary, you must notify the driver at once and they will contact the Company. The Company shall have the absolute discretion and right to either agree, or decline, to make any requested changes.
- ii) Fees Related to Itinerary Changes: If the Company agrees to any requested changes, and if you do not pay in advance, you will become responsible for the payment of the full amount of any increase in the contract price immediately upon completion of the Services.
iii) Unforeseen Circumstances: When unforeseen circumstances such as roadblocks and road closures result in a change in service resulting in an increase in kilometers or hours beyond that specified in the itinerary of this confirmation, an additional charge may be made for such additional services in the Company’s sole discretion.
- iv) Additional Charges From Provision of Services: Unless otherwise stated, tolls, highway fees, parking charges, etc. will be separate and additional elements in the determination of any additional charges. The Company will notify you of any additional charges that may be incurred at the time of the service order revision.
- v) Overtime: Overtime will be permitted, upon Vehicle availability, and rounded off to the next hour. Availability of overtime is not guaranteed. Only the Company has the authority to allow overtime on any driver or vehicle.
d) Passenger Safety:
Passenger safety is our top priority. Please remain seated while a Vehicle is in motion, keep all body parts inside the vehicle, and follow Company staff instructions diligently. Alcohol consumption is strictly prohibited when using our Services, and smoking or vaping is not allowed onboard the trolleys. We reserve the right to ask passengers to disembark in the event of offensive conduct, intoxication or for safety reasons.
e) Other Accommodation:
Passengers needing assistance must be accompanied by a qualified companion. Service animals are welcome without charge, subject to conditions. Please note that, due to the size of our Vehicles, we are unable to accommodate special needs bookings.
- f) Food and Beverage:
With the exception of sunflower seeds and peanuts in shells, food and non-alcoholic drinks are allowed on our Vehicles.
- g) Smoking, Tobacco and Alcohol:
Use of all tobacco products and tobacco substitutes and any form of smoking is strictly prohibited while on our Vehicles. If you or your Passengers break this rule a cleaning fee up to $750.00 CAD may be added to your bill. Use of alcoholic products is strictly prohibited while on our Vehicles, if your party breaks the rule, fines may be billed to the reservation holder.
- h) Firearms, Explosives and Fireworks:
Possession of firearms, explosives and fireworks (whether in baggage or on the person) are strictly forbidden on Company Vehicles.
- i) Objectionable Person(s):
The Company reserves the right to refuse to transport a person or persons under the influence of alcohol or drugs, or whose conduct is such to make them objectionable to other passengers, or causes interference of the safe operation of the Vehicle. Passengers shall not interfere with the operator in the discharge of their duty or tamper with any apparatus or appliance on the Vehicles.
- j) Damage to Vehicles:
The cost of repairing damage to Vehicles resulting from your acts or acts of Passengers shall be charged to you and payable as soon as such cost is determined.
- k) Emergency Situations:
In the event of an emergency situation, including but not limited to medical emergencies, accidents, or unforeseen circumstances, Passengers are advised to remain calm and follow the instructions provided by Company staff. Our priority is the safety and well-being of our Passengers. If an emergency arises:
- Staff members will provide guidance and assistance as needed.
- Passengers should refrain from any actions that may exacerbate the situation and cooperate fully with staff instructions.
- Emergency services will be contacted immediately if necessary.
- Depending on the nature of the emergency, passengers may be asked to disembark from the Vehicle or remain seated until further instructions are provided.
- Passengers are encouraged to carry emergency contact information and any necessary medical supplies with them at all times.
- l) Tips & Gratuities:
Tips and Gratuities for the drivers, and for guides, can be billed to your account and or should be given directly after completion of the Services.
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UNUSUAL CLEANING
When the nature of the charter trip is such that a greater than normal amount of time and material will be necessary to clean the Vehicle properly upon completion of the Services, the Company, at its sole discretion, may require additional cost to cover such additional time and materials. Be aware a $350.00 CAD minimum fee will be charged for excessively spilled liquids, removal of footprints or other marks, stains from the upholstery, and any cleaning brought on by an illness of any cause. Normal cleaning for light consumption of food and drinks will be charged at $50.00 CAD.
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INABILITY TO PROVIDE THE SERVICES
- a) Prior Known Inability to Provide Services:
The Company reserves the right to return any deposit or advance in the case we can not fulfill your event, due to any reason such as mechanical failures, maintenance, driver sickness, and/or any logistic problems.
- b) Last-Minute Inability to Provide Services:
When your assigned Vehicle(s) is unable to depart dispatch to fulfill your service (on a last minute mechanical or safety reason) and in order to cover your transportation need, we may send another Vehicle available for the same or larger amount of passengers. There is no refund or compensation for these changes and there is no additional charge for a bigger vehicle.
- c) On-The-Road Inability to Provide Services:
If an on-the-road breakdown happens, the Company will attempt to send a secondary Vehicle to assist you in finishing your trip, this second Vehicle will most of the time have a delay while we get it to your location. There is no refund due to these incidents.
- d) Rebooking Services:
If you are rebooking a service for a different date the time limit is one year from the moment the booking was placed, if the rebooking is for COVID reasons the time limit is two years from the moment the booking was placed.
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LIABILITY
- a) Liability for Damages:
The Company shall not be liable if any force majeure events, accidents, breakdowns, conditions of the road, snow storms, and other conditions beyond its control, or make it, in the opinion of the Company, inadvisable to operate Vehicles either from the place of origin or any point en route. The Company shall not be liable therefore or be caused to be held for damage for any reason whatsoever.
- b) Responsibility and Liability for Personal Property:
Baggage and all other property shall be handled only at Passengers’ own risk and only in an amount that can conveniently be carried in the Vehicle. The Company assumes no responsibility whatsoever for any personal property. Baggage and all other personal property will be handled only at passengers’ own risk. The Company shall not be liable for the loss of any items of personal property, or baggage, stored in any part of the Vehicle. Each Passenger shall be responsible for their own personal property and baggage. Each person shall be responsible for removing their own personal property and baggage from the Vehicle upon the completion of the trip.
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LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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LAWS APPLICABLE TO THE SERVICES
It is understood and agreed that the performance of the Services detailed in this order is subject to the Passenger Transportation Act and its regulations and is contingent upon the carrier’s ability to furnish the equipment and perform the service. The number of hours that a Vehicle operator can operate a vehicle and on duty is strictly limited by law.
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CONSENT TO USE OF LIKENESS
Your consent for the use of your likeness in photographs, videos or other media in marketing and promotional materials is consented to by your use of the Services. If you wish to remove your consent please reach out directly to us at: hello@greatcanadiantrolley.com.
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COLLECTION
A past due account may be referred to a third party for collection. You agree to be responsible for all collection costs and legal fees. Past due accounts are subject to a 7% per month finance charge.
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INTELLECTUAL PROPERTY
All content, trademarks, and designs associated with the Company and its Services are owned by the Company unless otherwise stated and are protected by Canadian copyright and trademark law. Any unauthorized reproduction or use of intellectual property without the prior consent of the Company is strictly prohibited and constitutes a breach of these Terms and Conditions.
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WAIVER AND SEVERABILITY
Our failure to enforce any right or provision of these Charter Terms and Conditions does not constitute a waiver. If any provision is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Charter Terms and Conditions will remain and continue in full force and effect.
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CHANGES TO CHARTER TERMS AND CONDITIONS
The Company retains the right to periodically change, modify, or remove portions of these Charter Terms and Conditions without prior notice. Your use of the Services is undertaken at your own risk and constitutes acceptance of these Charter Terms and Conditions.
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GOVERNING LAW
These Charter Terms and Conditions and any separate agreements whereby we provide services to you will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
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ENTIRE AGREEMENT
Unless otherwise stated in these Charter Terms and Conditions or in written notice to you, these policies apply to all Services provided to you and your Passengers by the Company. These Charter Terms and Conditions constitute the entire agreement between you and the Company, govern your use of the Services and supersede and replace any prior agreements we might have had between us regarding the Services, including but not limited to any prior versions of these Charter Terms and Conditions.
For feedback and questions, please email hello@greatcanadiantrolley.com. Thank you for choosing the Great Canadian Trolley Company!