Terms and Conditions
Please read these Terms carefully.
They are intended to be clear, transparent, and respectful of the nature of the journeys we design. If you have questions at any point, we encourage you to ask before applying or booking.
By applying for, booking, or participating in any journey, program, or related service (each, a “Journey”) offered by The Jaguar & the Hummingbird (“we,” “us,” or the “Operator”), you (“you” or the “Participant”) agree to be bound by these Terms & Conditions (the “Terms”).
If you apply or book on behalf of another person, you confirm that you have their authority to do so and that they have reviewed and accepted these Terms.
1. Application, Acceptance & Contract Formation
Participation in our Journeys is by application and approval only.
A binding contract is formed only when:
your application has been approved by us; and
you receive written confirmation of your place following payment of the applicable deposit or fee.
Please review all confirmations carefully and notify us promptly of any inaccuracies.
You must be at least 25 years of age to apply or participate.
2. Booking on Behalf of Others
If you apply or book on behalf of other participants:
you are the designated primary contact for that booking;
you are responsible for payments, communications, and sharing relevant information with your group; and
you confirm that all information provided for other participants is complete and accurate.
We are not responsible for errors or omissions in information submitted on another participant’s behalf.
3. Participant Information & Health Disclosure
Participation in our Journeys may involve physical activity, remote locations, limited access to medical facilities, and variable environmental conditions.
You will be required to complete a Participant Intake Form, which may include:
medical information
dietary restrictions or allergies
mobility considerations
emergency contact details
You agree to complete this information honestly and fully, and to update us promptly if circumstances change.
We reserve the right to:
request additional information or clarification where reasonably necessary for safety;
require medical clearance where appropriate; or
decline or withdraw participation if we reasonably determine that participation may pose a risk to you or others, or compromise the integrity of the Journey.
Pregnancy is considered a medical condition and must be disclosed. Participation may be restricted or declined depending on timing, location, and activity level.
Failure to complete required forms or disclosures by stated deadlines may result in cancellation of your participation, subject to applicable cancellation terms.
4. Participant Responsibility & Fitness for Participation
You acknowledge that:
you are responsible for assessing whether a Journey is suitable for you;
you should consult a qualified medical professional regarding your fitness for travel and participation; and
we do not provide medical advice.
Journeys may involve travel to regions where medical care, infrastructure, and emergency response capabilities differ from those in your home jurisdiction.
5. Special Requirements
We will make reasonable efforts to accommodate disclosed accessibility, dietary, or other special requirements where feasible. However:
not all requests can be accommodated due to location, logistics, or safety considerations; and
accommodation of special requirements is not guaranteed and does not form part of the contract.
6. Mandatory Travel Insurance
You must carry comprehensive travel insurance covering the full duration of your Journey, including emergency medical care, evacuation, and repatriation, with minimum coverage of USD $200,000 (or equivalent).
This insurance must cover injuries or illness arising from participation in physical activities and travel in remote locations. Proof of coverage may be requested prior to departure.
Insurance is not included in the cost of participation. You are solely responsible for ensuring that your coverage is adequate for the nature of the Journey and for disclosing planned destinations and activities to your insurer.
We strongly recommend coverage that also includes trip cancellation, interruption, and related expenses.
7. Pricing, Taxes & Payments
All prices are quoted exclusive of applicable taxes unless stated otherwise.
Prices may be adjusted prior to confirmation to reflect changes in costs, taxes, exchange rates, or logistical requirements.
Once a place is confirmed, price increases will only occur where reasonably necessary due to factors beyond our control, and will be communicated promptly.
If a confirmed price increases by more than 7%, participants may choose to either accept the revised price or cancel their participation and receive a refund of amounts paid, excluding any non-recoverable third-party costs already incurred.
Payment schedules and amounts will be clearly communicated at the time of approval.
Airfare
Unless explicitly stated otherwise, international and domestic airfare is not included in the cost of participation. Participants are responsible for arranging their own flights to and from the designated arrival and departure locations.
8. Cancellation by the Participant
You may cancel your participation by providing written notice to us.
Deposit refund period
A deposit is fully refundable for fourteen (14) calendar days from the date of booking confirmation, provided written notice of cancellation is received within that period.
After the refund period
After the initial fourteen (14)-day refund period has passed, all payments become non-refundable, except where otherwise required by law or expressly stated in writing by us.
This reflects the reality that Journeys involve early commitments — including substantial planning, coordination, and facilitation work, as well as commitments to third-party providers, permits, accommodations, guides, and logistics — many of which are non-recoverable.
Replacement participants
If you are unable to attend and identify a suitable replacement participant acceptable to us, we may, at our discretion, permit a transfer of your place. Any financial arrangements between you and the replacement participant are your responsibility. An administrative fee may apply.
Insurance
We strongly recommend that you carry travel insurance that includes trip cancellation and interruption coverage, as outlined in Section 6.
Nothing in these Terms limits any statutory cancellation or refund rights available to participants under applicable consumer protection legislation.
9. Cancellation or Modification by the Operator
We reserve the right to modify itineraries, activities, accommodations, or timing where reasonably required due to safety considerations, environmental or weather conditions, local circumstances, or operational constraints.
If a Journey is cancelled by us prior to departure for reasons other than Force Majeure, participants will be offered one of the following, as determined reasonably and in good faith:
a suitable alternative Journey; or
a refund of amounts paid, excluding non-recoverable third-party costs already incurred in good faith.
We are not responsible for incidental or consequential expenses incurred by participants, including flights, visas, vaccinations, accommodations, or other personal arrangements.
Where a Journey is modified but not cancelled, reasonable efforts will be made to preserve the core character and intent of the experience. No refunds are provided for reasonable modifications that do not materially alter the core nature, intent, or overall duration of the Journey.
For clarity, a “material alteration” refers to a change that substantially affects the overall duration of the Journey or fundamentally changes its purpose or character, rather than adjustments to specific activities, accommodations, or sequencing.
Where significant changes are required, we will communicate transparently and in good faith.
While we design Journeys with care and intention, we do not guarantee specific outcomes, experiences, or conditions, and participation necessarily involves uncertainty.
Facilitator Availability
In rare circumstances where a lead facilitator is unable to participate due to illness, emergency, or other unforeseen circumstances, we reserve the right to proceed with the Journey under the guidance of other qualified facilitators, or to reschedule the Journey, at our discretion.
In all cases, decisions will be made in good faith, with participant safety and the integrity of the experience as the primary considerations.
10. Force Majeure
We will not be liable for failure to perform, delay, modification, or cancellation of a Journey where such failure or change results from events beyond our reasonable control (“Force Majeure”), including but not limited to acts of God, extreme weather, natural disasters, public health emergencies, war or civil unrest, government actions or restrictions, border closures, strikes, transportation disruptions, or failures of third-party suppliers.
Where a Journey is affected by Force Majeure, we will act in good faith to communicate promptly, assess available alternatives, and determine appropriate outcomes. Refunds, credits, or alternatives in such circumstances will depend on the nature of the event and the extent of non-recoverable costs already incurred.
Participants acknowledge that travel in remote and complex environments carries inherent uncertainty, and that Force Majeure events may materially affect a Journey despite reasonable planning and care.
11. Flexibility & Unused Services
You acknowledge that the nature of immersive, place-based Journeys requires flexibility.
No refunds or credits are provided for:
missed or unused services after departure; or
changes arising from circumstances beyond our reasonable control.
12. Travel Documentation
You are responsible for obtaining and carrying all required travel documentation, including passports, visas, permits, and certificates.
Your passport must generally be valid for at least six (6) months beyond your return date.
We are not responsible for costs or losses arising from incomplete or invalid documentation.
13. Assumption of Risk & Participant Conduct
You acknowledge that participation involves inherent risks, including physical exertion, travel in remote or unfamiliar environments, and interaction with natural elements. These risks may include serious injury, illness, or, in rare cases, death.
By participating, you voluntarily assume these risks and agree to:
follow safety instructions and guidance;
act responsibly and respectfully toward others and the places visited; and
comply with applicable laws and local customs.
We reserve the right to remove a participant from a Journey, at their own expense, where conduct poses a risk to themselves, others, or the Journey as a whole.
14. Third-Party Providers
Certain services are provided by independent third parties. While we take care in selecting partners, we do not control their operations and are not responsible for their acts or omissions.
Their services may be subject to separate terms and conditions.
15. Limitation of Liability
To the fullest extent permitted by law, we are not liable for:
loss of enjoyment, inconvenience, or indirect or consequential damages;
acts or omissions of third-party providers; or
events beyond our reasonable control.
Our total liability, where applicable, will not exceed the amount paid by you for the applicable Journey.
Nothing in these Terms limits liability that cannot be excluded under Ontario law.
16. Images & Media
You consent to the use of photographs or recordings taken during a Journey for documentation or promotional purposes, unless you notify us in writing otherwise.
We will not use images or recordings in a manner that is misleading, intrusive, or inconsistent with the spirit of the Journey.
17. Privacy
Personal information is collected and used solely to deliver our Journeys and related services, in accordance with our Privacy Policy.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any disputes shall be subject to the exclusive jurisdiction of the courts of Ontario.
19. Amendments & Severability
We may update these Terms from time to time. The current version will always be available on our website.
If any provision is found unenforceable, the remainder will remain in full force and effect.
Final note
Participation in these Journeys is grounded in mutual trust, responsibility, and respect — for one another, and for the places we enter. These Terms exist to make that possible.