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Sales, Use, Cancellation and Refund Policy

ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE.

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to deny access to the Services to any person at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for the connection of networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain some previous information. This previous information, by nature, is not up-to-date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – CHANGES IN SERVICE AND PRICES

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any portion or content of the Service) without notice and at any time.

We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Some products and/or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with this Policy.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from dealers, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, so that we may complete your transactions and contact you as necessary.

ARTICLE 7 – CANCELLATION AND REFUNDS

Each client is responsible for keeping his reservation. You can cancel your reservation on our website or by phone.

Up to 24 hours prior to departure:

  • A cancellation or modification is accepted;
  • A cancellation fee of 3% (4% for international cards) plus 0.30$ per transaction will be deducted from the balance already paid;
  • Availability of a modified trip is not guaranteed until confirmation is received by email.

Within 24 hours:

  • Your reservation will be cancelled but the deposit will not be refunded;
  • If the deposit is not already paid, it will be billed and payable immediately;
  • A modification will be considered as a new order and the previous one will not be refunded, the availability of the replacement route is not guaranteed.

Some departures may be cancelled without notice

ARTICLE 8 – DELAY AND FORCE MAJEURE

The Basque Navigation Company undertakes to do everything possible to ensure that the crossings are carried out on time and according to the posted schedule. However, it cannot guarantee departure times and arrival times, which may be affected by force majeure, including weather conditions, navigation conditions, loading and unloading issues, labor disputes and mechanical problems. The Basque Navigation Company cannot be held responsible for damages resulting from delays, missed connections or any other non-performance of its obligations in case of force majeure.

ARTICLE 9 – OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.

If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party vendor(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to this Policy.

SECTION 10 – THIRD PARTY LINKS

Some of the content, products and services available through our Service may include material from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

SECTION 11 – PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

There may be times when information on our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).

We are not required to update, modify or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.

ARTICLE 13 – PROHIBITED USES

In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the Site or its contents: (a) for illegal purposes; (b) to induce others to engage in or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or third parties’ intellectual property rights; (e) to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

ARTICLE 14 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.

The Basque Navigation Company Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or damage of any kind, whether direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (even negligence) in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 15 – COMPENSATION

You agree to indemnify, defend and hold harmless Basque Navigation Company Inc. our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Use or the documents referenced herein, or your violation of any law or the rights of a third party

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms of Service or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service)

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party.

ARTICLE 18 – APPLICABLE LAW

These Terms and Conditions and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of QUEBEC, CANADA.

ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can view the most recent version of the Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of such changes.

ARTICLE 20 – CONTACT INFORMATION

Any questions regarding the Terms and Conditions of Sale and Use should be sent in writing to info@traversiercnb.ca.

See also our privacy policy.