Terms and Conditions, Waiver & Release of Liability

By completing your purchase through the LEI Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions on behalf of yourself and all participants in your booking.

“LEI Platform” means every website, landing page, sub-domain, booking engine, QR code, social-media storefront, or other channel owned or controlled by LEI, including but not limited to:

• – luxuryexperiences.com
• – tciexperiences.com
• – luxurycaymanexperiences.com
• – nassauexperiences.com
• – any successor, mirror, or affiliated domain that redirects to or processes an LEI reservation

Regardless of the LEI Platform you use to inquire, reserve, or pay, this Agreement applies in full.

This Agreement applies in full to every activity booked through the LEI Platform, WHEREVER IT TAKES PLACE, including but not limited to the Turks and Caicos Islands, the Cayman Islands, The Bahamas, St. Martin / Sint Maarten, St. Barthélemy, Anguilla, and any other destination LEI offers now or in the future, and including any activity that travels between islands or across international waters or borders. References to the “activity,” “excursion,” or “experience” mean the booked activity in whichever destination it is performed.

LEI strives to partner with top, reputable, safe, and great independent operators; however, it functions solely as a marketing and booking agent. All services and operations of every excursion are carried out exclusively by those providers, and LEI does not own, operate, supervise, or control—including without limitation—any vessels, captains, transportation, equipment, guides, staff, animals, premises, or other elements of the experience. All safety procedures, regulatory compliance, and customer-service obligations rest entirely with each provider.

YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS associated with water-based activities, vehicle operation, extreme weather, marine hazards, mechanical failure, and all other inherent dangers of recreational ocean, land, and adventure activities, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF LEI, OPERATORS, OR THEIR AGENTS. You acknowledge these activities involve inherent and unavoidable risks of serious injury or death.

You acknowledge and accept any and all risks associated with booked activities, including but not limited to:

WATER ACTIVITIES: Drowning, collision, capsizing, equipment failure, jellyfish/marine life encounters, sunburn, dehydration, seasickness, rough seas, unpredictable weather, shark or other marine animal encounters, propeller strikes, falls overboard.

LAND ACTIVITIES: Vehicle accidents, collision, rollover, dust/debris, heat exhaustion, animal encounters, equipment malfunction, uneven terrain, brake failure, ejection from vehicle.

ALL ACTIVITIES: Inadequate safety briefings, language barriers, operator negligence, operator intoxication, lack of proper licensing, medical emergencies in remote locations, delayed rescue, inadequate medical facilities, force majeure events, terrorism, theft, assault by third parties.

This list is illustrative only and NOT exhaustive. You accept ALL risks, whether listed above or not, foreseeable or unforeseeable, known or unknown.

You represent that you and all participants are in good health and physical condition suitable for the booked activities. You have disclosed all medical conditions, disabilities, or limitations that could affect participation. You assume all risks related to undisclosed conditions.

To the fullest extent permitted by law, you IRREVOCABLY RELEASE, DISCHARGE, AND FOREVER WAIVE every claim—IN CONTRACT, TORT, STATUTE, OR OTHERWISE—against LEI and its affiliates, officers, employees, agents, contractors, AND INDEPENDENT OPERATOR PARTNERS (“Releasees”) arising from any LEI-booked activity, INCLUDING CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, AND BREACH OF WARRANTY, and you COVENANT NOT TO SUE the Releasees.

You shall DEFEND, INDEMNIFY, AND HOLD HARMLESS the Releasees from any and all claims, demands, lawsuits, judgments, awards, losses, damages, and expenses (including solicitor-and-client costs and expert witness fees) asserted by you, members of your party, your heirs, assigns, or any third party arising from or related to your participation in any activity, INCLUDING CLAIMS ALLEGING NEGLIGENCE OF THE RELEASEES.

If liability is nevertheless imposed, it shall NOT EXCEED THE GREATER OF (i) CAD $10,000 OR (ii) 20% OF THE ADVERTISED EXCURSION PRICE (BEFORE DISCOUNTS) FOR THAT BOOKING, IN AGGREGATE FOR ALL CLAIMS. RELEASEES SHALL NEVER BE LIABLE FOR PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.

If you fail to arrive at the designated meeting point at the scheduled time, your booking will be classified as a “no-show” and you will not be entitled to any refund or rescheduling. It is your responsibility to confirm meeting locations and times with operators and to arrive promptly.

LEI shall have no liability for delays, cancellations, or failure to perform due to circumstances beyond LEI’s reasonable control, including but not limited to: acts of God, weather events, natural disasters, war, terrorism, civil unrest, strikes, government actions, pandemics, or any other force majeure events. LEI may, at its sole discretion, offer refunds, credits, or rebooking options in such circumstances, but is under no legal obligation to do so.

By using the LEI Platform, you consent to receive electronic communications from LEI, including booking confirmations, updates, promotional offers, and service announcements. You may opt out of marketing emails but will continue to receive transactional communications related to your bookings.

This Agreement is governed exclusively by the laws of Ontario and the federal laws of Canada applicable therein, REGARDLESS OF WHERE THE ACTIVITY TAKES PLACE OR WHERE YOU RESIDE, and without regard to conflict-of-laws principles. ANY DISPUTE SHALL BE RESOLVED BY FINAL, BINDING ARBITRATION IN TORONTO, ONTARIO, BEFORE A SINGLE ARBITRATOR APPOINTED BY ADR CHAMBERS UNDER ITS EXPEDITED ARBITRATION RULES, PURSUANT TO THE ARBITRATION ACT, 1991 (ONT.). Judgment on any award may be entered in any court of competent jurisdiction. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

You represent that you are the parent or legal guardian of any minor participant and ACCEPT THIS AGREEMENT ON THE MINOR’S BEHALF, including the arbitration and class-action waiver.

The LEI Platform and all information provided are offered “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, including merchantability, fitness for a particular purpose, accuracy, or non-infringement.

Nothing herein limits a right that CANNOT LEGALLY BE WAIVED under applicable consumer-protection statutes; ALL OTHER RIGHTS ARE EXPRESSLY WAIVED.

If any provision is held invalid, it shall be enforced to the maximum lawful extent, and the remainder shall remain in effect.

These Terms and Conditions constitute the entire agreement between you and LEI regarding your use of the LEI Platform and supersede all prior agreements, representations, and understandings.

All clauses regarding risk, release, indemnity, limitation of liability, governing law, and arbitration SURVIVE completion of, or withdrawal from, the booked activity. In any conflict between this Agreement and any other LEI disclaimer or waiver, THE PROVISIONS MOST PROTECTIVE OF LEI SHALL PREVAIL.

LEI collects a deposit at checkout as booking agent; unless stated otherwise, the remaining balance is payable directly to the independent operator. By completing checkout you AUTHORIZE LEI TO CHARGE your selected payment method for all amounts due at booking. Prices are stated in the currency shown on the listing and at checkout (U.S. dollars unless indicated otherwise); where a price is described as tax-inclusive, it includes the destination’s applicable taxes and fees shown at checkout. In the event of an obvious pricing or system error, LEI may cancel the affected booking and refund amounts paid to LEI, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

The cancellation window displayed for your booking at checkout governs. Cancellations made after the applicable deadline, and no-shows, are NON-REFUNDABLE and NON-RESCHEDULABLE, and THE FULL BOOKING VALUE REMAINS DUE AND PAYABLE: you authorize LEI to charge your payment method on file for any unpaid balance of a booking cancelled after the deadline or forfeited by no-show. Weather-related changes are handled under the operator’s weather policy shown on the product page. LEI may cancel or refuse any booking at its discretion, in which case a refund of amounts paid to LEI is YOUR SOLE AND EXCLUSIVE REMEDY.

You agree to contact LEI and allow a reasonable opportunity to resolve any billing dispute BEFORE initiating a chargeback or payment reversal. Initiating a chargeback for a charge made in accordance with this Agreement constitutes a MATERIAL BREACH, and LEI may recover from you all amounts reversed together with its costs of responding, including reasonable legal fees.

You and all participants shall follow the instructions of captains, guides, and operator staff at all times. Operators may REFUSE, REMOVE, OR RETURN TO PORT any participant who is intoxicated, unsafe, abusive, or disruptive, WITHOUT REFUND. You are financially responsible for loss of or damage to vessels, vehicles, or equipment caused by you or any member of your party.

Participation in any activity while under the influence of alcohol, cannabis, or any other impairing substance is AT YOUR SOLE AND ABSOLUTE RISK, and such impairment constitutes an assumed risk under Sections 4, 5, and 7. Operators may deny boarding or participation to impaired guests without refund.

Releasees are NOT RESPONSIBLE for loss of, damage to, or theft of personal property — including phones, cameras, jewelry, and other valuables — before, during, or after any activity, including property lost overboard.

LEI STRONGLY RECOMMENDS comprehensive travel, medical, and cancellation insurance. You are solely responsible for obtaining any insurance coverage; Releasees provide none on your behalf.

You grant LEI and operators an IRREVOCABLE, PERPETUAL, ROYALTY-FREE right to use photographs and video captured during activities — which may include your and your party’s likeness — for marketing and promotional purposes in any medium, without compensation. You may opt out by written notice to LEI before your activity date.

You represent that you are AT LEAST 18 YEARS OF AGE, have full legal capacity, and are authorized to accept this Agreement on behalf of every participant in your booking, each of whom is bound by it.

Clicking “Book Now” (or any equivalent checkout confirmation control) constitutes your ELECTRONIC SIGNATURE under the Electronic Commerce Act, 2000 (Ontario) and applicable law, with the same legal force as a handwritten signature, and forms a binding click-wrap agreement. LEI’s records of the date, time, and account of acceptance are conclusive evidence of it.

Product information is supplied by independent operators and may change without notice. Operators may SUBSTITUTE A COMPARABLE VESSEL, VEHICLE, EQUIPMENT, OR GUIDE and may MODIFY ITINERARIES, ROUTES, AND STOPS at their discretion, including for weather, sea conditions, or safety. Itineraries are illustrative, weather-dependent, and never guaranteed.

To the fullest extent permitted by law, ANY CLAIM against the Releasees must be commenced by delivering a written arbitration demand under Section 13 WITHIN ONE (1) YEAR after the activity date (or scheduled activity date), FAILING WHICH THE CLAIM IS FOREVER BARRED.

You and all participants shall comply with the laws, regulations, and marine-park, customs, and immigration rules of every destination an activity visits. Where an activity enters another island, territory, or country, YOU ARE SOLELY RESPONSIBLE for carrying valid passports and travel documents and for any entry, departure, customs, or park fees not stated as included in your booking. A participant refused entry, boarding, or clearance for missing or invalid documents, or for breach of local law, is NOT ENTITLED TO A REFUND.

This Section and Section 34 apply to every person who accesses or uses any LEI Platform, whether or not a purchase is completed, and continued access constitutes acceptance of them. The LEI Platform — including every page, listing, price, photograph, video, description, review, calendar, availability feed, booking engine, API endpoint, and automated assistant it exposes — is provided SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE in researching, inquiring about, and booking experiences. Any use for business, commercial, or professional purposes is prohibited unless LEI has agreed to it in writing.

Except with LEI’s prior written consent, you shall not:

• (a) copy, reproduce, republish, display, mirror, frame, scrape, or distribute any part of the LEI Platform or any Platform Content (as defined in Section 34);
• (b) use any bot, crawler, spider, scraper, headless browser, AI agent, or other automated means to access, extract, index, or collect content or data from the LEI Platform, or submit any part of it to an AI, code-generation, or website-building tool as a prompt, reference, or training input;
• (c) use any content, listing, price, structure, layout, design, or wording of the LEI Platform to build, train, populate, or design a competing website, listing, marketplace, advertisement, or other marketing material;
• (d) access the LEI Platform’s booking engine, availability, catalogue, or assistant endpoints other than through the interfaces LEI provides to guests, or at a rate or in a manner that interferes with their operation;
• (e) resell, redistribute, or otherwise commercially exploit any booking, listing, or data obtained from the LEI Platform;
• (f) remove, obscure, or alter any copyright, trademark, or other proprietary notice;
• (g) decompile, disassemble, reverse engineer, or attempt to derive the source code of any part of the LEI Platform, except to the extent applicable law expressly permits; or
• (h) use the LEI Platform to send unsolicited commercial messages, or to harvest the contact details of any guest, operator, or member of staff.

LEI may suspend, block, or terminate access to the LEI Platform, cancel any affected booking, and pursue every available remedy, at any time and without notice, for any actual or suspected breach of this Section.

The LEI Platform and all content on it — including text, descriptions, headlines, photographs, videos, graphics, logos, brand names, trademarks, trade dress, page design, layout, user interface, the selection and arrangement of listings and prices, reviews, software, and code (collectively, “Platform Content”) — are the EXCLUSIVE PROPERTY OF LEI OR ITS LICENSORS, including the independent operators who supply listing content, and are protected by Canadian and international copyright, trademark, and other intellectual-property laws. Operators retain ownership of the content they supply and grant LEI a licence to display, adapt, and promote it across the LEI Platform and LEI’s distribution and marketing channels.

Subject to your compliance with these Terms, LEI grants you a LIMITED, NON-EXCLUSIVE, REVOCABLE, NON-TRANSFERABLE, NON-SUBLICENSABLE LICENCE to view Platform Content solely for your personal, non-commercial use. No other right or licence is granted, whether by implication, estoppel, or otherwise. “Luxury Experiences,” “TCI Experiences,” “Luxury Cayman Experiences,” “Nassau Experiences,” and the related logos are trademarks of LEI; you may not use them, or any confusingly similar name or mark, without LEI’s prior written consent.

NOTWITHSTANDING SECTION 13, any claim by LEI alleging actual or threatened infringement, misappropriation, or violation of its intellectual-property rights, or seeking injunctive or other equitable relief for a breach of Section 33 or this Section, MAY BE BROUGHT IN THE COURTS OF ONTARIO OR ANY OTHER COURT OF COMPETENT JURISDICTION, and you consent to that jurisdiction. You acknowledge that a breach of Section 33 or this Section would cause LEI irreparable harm for which damages would be an inadequate remedy, and that LEI is entitled to injunctive relief, without posting a bond, in addition to every other remedy available at law or in equity. Sections 33 and 34 survive any termination of your access to the LEI Platform.