TERMS AND CONDITIONS
- All purchases are final and cannot be cancelled, refunded or transferred to another person unless otherwise specified.
- All tickets and passes are subject to restrictions described in the product description and/or pickup instructions.
Your credit card will be charged for the amount shown, regardless of whether or not the purchased ticket(s) is/are used.
- We do not guarantee snow conditions, weather conditions, open terrain or number of lifts operating.
Please read the following Terms and Conditions closely. Cape Smokey Holding, Ltd. (“Cape Smokey”) provides certain e-commerce services through its websites for which Cape Smokey acts as a service provider (collectively the “Site”). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein and you agree to be bound by these terms. Cape Smokey may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
SECTION A – GENERAL TERMS AND CONDITIONS:
You may only use this Site to purchase the products/services offered by Cape Smokey, and shall not use this Site to make any speculative, false or fraudulent Purchases. You may not use any automated means to access this Site, unless specifically permitted by Cape Smokey. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your profile information in order to keep it current, complete and accurate.
It is a violation of law to place a Purchase in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print, in hard-copy, portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Cape Smokey’s prior written consent is prohibited.
Ownership of the Site
The Site, all Content on the Site and software used to provide the Site and its services are and will remain the exclusive property of Cape Smokey and its partners. Any feedback, comments, or suggestions you may provide regarding Cape Smokey, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an “as is,” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Purchase; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAPE SMOKEY HOLDING, LTD. —INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR PROVIDERS (COLLECTIVELY, THE “COVERED PARTIES”) —BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH: (A) ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR (B) ANY ACTIVITIES YOU PARTICIPATE IN AS A RESULT OF PURCHASES MADE ON THE SITE, IN EACH CASE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, rerouting or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with these Terms and Conditions, nor for any Provider’s failure to comply with applicable federal, state and local law.
To the fullest extent permitted by applicable law, the aggregate cumulative liability of the Covered Parties to a User will be limited to the fee or charge to the User assessed by Cape Smokey for making a Purchase.
If you use this Site to submit Purchases for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
You agree to defend, indemnify, and hold harmless the Covered Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Site and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms and Conditions.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Cape Smokey, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
All Purchases must be submitted with a major credit card unless otherwise expressly stated.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Purchase caused by an incorrect email address provided by you or other technical problems beyond their control.
Corporate Identification and Trademarks
You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Cape Smokey’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.
SECTION B — RULES AND RESTRICTION FOR TRAVEL PRODUCTS AND SERVICE:
Ticket Booking Restrictions
All purchases are final and cannot be canceled, refunded, or transferred to another person, even with a fee. Once you complete a purchase, your credit card will be charged for the amount shown, regardless of whether or not the purchased ticket(s) is/are used. If you purchase a product with a payment plan, you agree to let Cape Smokey save your credit card information in order to complete all subsequent payments. All tickets and passes are subject to the restrictions described in the product description and/or pickup instructions. We do not guarantee weather or other conditions, open terrain or number of operating lifts and attractions. Credit will not be given for any unused Purchases and cannot be used toward any future Purchases.
Tickets are not delivered by mail. Once Cape Smokey confirms your Purchase, we will provide you access to an electronic voucher. You must print and present the voucher or show the voucher on your mobile device at the ticket office of the particular resort destination to claim your tickets. The Purchaser whose name appears on the voucher must redeem the ticket(s) in person with a valid photo ID.
All prices and amounts shown on this Site are in Canada Dollars (CAD), unless otherwise noted. The User agrees that all taxes, charges, surcharges, shipping/handling and other fees will automatically be charged to the credit card submitted by the User. Such amounts will be posted on this Site. You agree that your credit card will be charged for the full cost of your Purchase.
Booking Fees are special transaction fees that are imposed on us once we make your reservation. Therefore, these fees are not refundable.
Waiver & Liability
In this agreement, the term “skiing” shall include “snowboarding” and “telemark skiing”
Assumption of Risks
I am aware that skiing involves many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; exposed rock, earth ice, and other natural objects; trees, tree wells, tree stumps, forest dead fall; the condition of snow or ice on or beneath the skiing surface; changes or variations in the skiing terrain which may create blind spots or areas of reduced visibility; changes or variations in the skiing surface or sub-surface, including changes due to man-made or artificial snow; variable and difficult snow conditions; streams, creeks, and exposed holes in the snow pack above the streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; impact or collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; impact or collision with other skiers; and NEGLIGENCE ON THE PART OF CAPE SMOKEY HOLDING OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF CAPE SMOKEY HOLDING AND ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING. I am also aware that the risks, dangers and hazards referred to above exist throughout the ski area and many are unmarked. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
Release of Liability Waiver of Claims and Indemnity Agreement
In consideration of Cape Smokey Holding accepting my application for a ski pass and permitting my use of its ski lifts, ski runs and trails, snowboard and terrain parks, race-courses and other facilities (hereinafter referred to as “the skiing facilities”), I hereby agree as follow:
1. To waive any and all claims that I have or may in the future have against Cape Smokey Holding and its directors, officers, employees, agents, and representatives (all of whom are hereinafter collectively referred to as “THE RELEASEES”) and to RELEASE THE RELEASEES from any and all liability for any loss damage expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my use of or my presence and the skiing facilities you to any cause whatsoever. INCLUDING NEGLIGENCE BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS OF LAND LIABILITY AC, R.S.N.S., 1989 C.322. ON THE PART OF THE RELEASEES AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OR SKIING REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND ANDEMNIFY THE RELEASEES from any and all liability for any damage to property of, or personal injury to, any third-party, resulting from my use of or presence on the skiing facilities.
3. This agreement shall be effective in binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
4. This agreement shall be governed by and interpreted in accordance with the laws of the Province of Nova Scotia and any litigation involving the parties to this Agreement shall be brought within the Province of Nova Scotia.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
It is understood and agreed that this Agreement shall not apply in respect of injuries resulting from mechanical breakdown or failure of ski lifts, tows or any related equipment.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
All purchases are final and cannot be canceled, refunded, or transferred to another person,
even with a fee. Once you complete a purchase, your credit card will be charged for the amountshown,
regardless of whether or not the purchased ticket(s) is/are used.
We do not provide refunds, including (without limitation) in the following circumstances:
Inclement Weather: Refunds are not available due to unfavorable weather conditions.
Non-Attendance: No refunds will be issued if you do not attend.
Poor Road Conditions: We cannot offer refunds if you encounter difficult road conditions.
Change of Plans: Refunds are not granted for changes of mind or cancellations.
However, we do offer the option of a "Rain Check" which allows you to reschedule for
another date that suits you better. Please contact our customer service team to arrange a
suitable alternative date for your experience.
We appreciate your understanding of our refund policy, and we are committed to ensuring you have a great experience with us. If you have any questions or need further assistance, please don’t hesitate to reach out to us at email@example.com
Your privacy is important to us. Please read below to learn how we at Cape Smokey Holding, Ltd. (“Cape Smokey”) collect, use, and secure your personal information. Our goal is to provide you with the best booking experience possible and we are committed to protecting your privacy and creating a safe and secure online environment for anyone who visits and books on our partner websites (each a “Site”). Finally, it describes your choices regarding the use, access and correction of your personal information. By using the Site you agree to the terms of this Privacy Statement and you expressly consent to the collection, use and disclosure of your Personal Data as described herein.
Information Cape Smokey Collects From You
We collect information from you, including information that directly or indirectly identifies you (“Personal Data”), to provide you with better services. In some cases, the information we request may be Personal Data in order to fulfill an order and enable you use certain services on this Site. For example:
• When you place an order for tickets, rentals, lessons or other products, we request certain Personal Data from you on our order form. You must provide contact information such as first and last name, email address, phone number and billing address, and financial information such as credit card number, expiration date and security code. We use this information for billing purposes and to complete the transaction. If we have trouble processing an order, we will use this information to contact you.
• You must create an account and provide your first and last name, email address and a password. In some cases, you might also provide a mailing address, phone number, and a photo. We retain information on your behalf, such as itineraries or other files that you store using your account.
• In addition to the information we collect to complete a purchase, when you use our Site we automatically collect information which helps us improve our Site. We do not link this automatically collected data to other information we collect about you. We gather this information to analyze trends and performances over time to make our Site and services more useful to you. Cape Smokey uses third-party service providers to help us gather and analyze information about our customers. These service providers are contractually restricted from using your information in any manner other than in helping us to provide you with the products and services available on our Site. For example:
1. We collect the type of device you use, operating system version, and the device identifier (or “UDID”). We collect your location based information for the purpose of locating a ski resort that you may be searching for in your area.
2. For all Cape Smokey visitors — not just registered users — our servers collect information about your Site visit, such as IP address, browser type, domain names, operating system, access times, duration of visit, referring URL, platform, new/repeat information, timestamp and exit page information. We associate this information with Personal Data about you if you have registered on the Site.
Private-label Partner Websites
In addition to receiving user data from the Site, we may receive Personal Data about you from companies that provide our services by way of private-labeled websites or companies that offer their products and/or services on our Site. We may add this information to the information we have already collected from you via our Site in order to improve the services we provide.
We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.
If you add guests to your account we will collect information from you about additional guests such as their first and last name in order to facilitate the booking of group purchases. When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided. Added guests or users whose personal information was provided may contact us at firstname.lastname@example.org to request that we remove this information from our database or remove the information yourself by visiting your account. To delete your account data, contact us at email@example.com
How We Use the Information You give Us
The data we gather is used to process your purchase, respond to your requests, contact you if problems arise and, if you have selected to receive them, send you promotional messages. We use this information to:
• Enable you to use our website
• Identify you as a user in our system
• Provide improved administration of our Site and services
• Send you administrative email notifications, such as security or support and maintenance advisories.
• Detect and prevent fraud, spam, abuse, and other harmful activity.
• Conduct risk assessments.
• Personalize or customize your experience in a number of ways, for example, by displaying search results near you or showing ads based on your search and booking history.
• Provide customer service.
• Send you promotional messages, marketing, or other information that may be of interest to you based on your communication preferences.
• Target content on our Site to more closely match your interests.
Cape Smokey collects, processes, stores, discloses and disposes of Personal Data that you submit to us in accordance with applicable United States law, which may be less stringent than the laws of your country. Please note that the Personal Data you submit to our Site will be transferred to the United States to be processed by Cape Smokey for the purposes set forth in this Privacy Statement. If you are not a resident of the Canada, you acknowledge and agree that we may collect, use and store your Personal Data, as discussed in this Privacy Statement, outside of your resident jurisdiction.
How Your Information is Protected
We take several measures to ensure the integrity and confidentiality of all information we collect from our customers. When you enter Personal Data on our order forms, or our registration, we encrypt that information using Transport Layer Security technology (TLS).
We also require you to enter a password to access your Account and follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
With Whom Your Information May Be Shared
1. Service Providers
When you make a purchase with Cape Smokey, the Personal Data you provide will be shared with the third parties necessary to complete your purchase transaction, all of which are required not to use your information other than to provide the services requested by Cape Smokey.
To charge you for your transaction, we share your name, billing address, and credit card number with the credit card authorization company.
2. Third Party Service Providers
Cape Smokey may also share your Personal Data with third party service providers to conduct quality assurance testing, to facilitate the creation of accounts, to provide technical support (including through live chat software) and to provide other services to Cape Smokey.
Sharing Non-Personal Data
From time to time, we may share general statistical information about our Site and visitors — such as number of visitors, aggregate and non-personally identifiable demographic data, number and type of goods and services booked, etc. — with our third-party advertisers and partners. However, we do not reveal your name, address or other Personal Data for anything other than the use it was originally intended without giving you the opportunity to opt-out of the disclosure.
Sharing Personal Data by Law
Regardless of any choices you make regarding your Personal Data, In certain situations, Cape Smokey may disclose information about you to others if we have a good faith belief that we are required to do so by law or legal process or in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, to respond to claims, or to protect the rights, property or safety of Cape Smokey or others. This includes, but is not limited to, customer fraud, technical malfunctions or abuse of our network or systems. We also may provide customer information to third parties, such as credit card companies, for the purpose of resolving disputes that arise in the normal course of business. Except as otherwise stated above, Cape Smokey will not disclose your Personal Data to any third party without your consent.
This Site contains links to other sites that are not owned or controlled by Cape Smokey. Please be aware that when you click on a link to any other website or location, such as a payment processing site, you will leave our Site and go to another site and another entity may collect Personal Data from you. Cape Smokey does not control or review these outside sites or content and is not responsible for the privacy practices of such sites. This Privacy Statement applies only to information collected by this Site.
Affiliates and Acquisitions
We may share some or all of your Personal Data with: (a) our parent company, subsidiaries, joint ventures, or other companies under common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Statement, and (b) potential purchasers or investors in the company subject to confidentiality obligations by such entities. In the event that Cape Smokey or substantially all of Cape Smokey’s assets are acquired, customer information may be transferred to Cape Smokey’s successor company. In the event such a transfer occurs, your Personal Data will be subject to the same protection as it was prior to the transfer.
What Choices Are Available?
If your Personal Data changes, you may update it by making the change on the My Account section of the Site.
Social Media Features and Widgets
Children are not eligible to make purchases on our Site and we ask that anyone under the age of 13 not submit any Personal Data to us. Cape Smokey does not knowingly collect Personal Data from anyone under the age of 13.
Opt Out Opportunity
We provide you the opportunity to opt-out of having your Personal Data used for certain purposes when we ask for such information. If you no longer wish to receive free newsletters or promotional communications from us, you may opt-out of receiving them by following the instructions included at the bottom of each communication, by emailing us at firstname.lastname@example.org, or by contacting us at 902-517-0371.
*You cannot opt out of receiving transactional emails related to your account or your use of the Site.
If you have any questions about security on our Site, you can contact us at email@example.com.
Phone: (902) 517-0371
38696 Cabot Trail
Nova Scotia, B0C 1L0