Terms and Conditions, Waiver & Release of Liability

Luxury Experiences Inc., an Ontario corporation – doing business as “TCI Experiences,” “Luxury Cayman Experiences,” “Nassau Experiences,” and related brands (collectively “LEI”)

Last updated: July 14, 2026

1. ACCEPTANCE

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.

2. SCOPE OF BOOKING PLATFORMS

“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:

  • – 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.

3. DISTINCT ROLES

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.

4. ASSUMPTION OF ALL RISKS

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.

5. SPECIFIC ACTIVITY RISKS

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.

6. MEDICAL FITNESS & DISCLOSURE

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.

7. COMPLETE RELEASE & COVENANT NOT TO SUE

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.

8. INDEMNITY

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.

9. LIMITATION OF LIABILITY

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.

10. NO-SHOW POLICY

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.

11. FORCE MAJEURE

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.

12. ELECTRONIC COMMUNICATIONS

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.

13. GOVERNING LAW, MANDATORY ARBITRATION & CLASS-ACTION WAIVER

This Agreement is governed exclusively by the laws of Ontario and the federal laws of Canada applicable therein. 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.

14. MINOR REPRESENTATION

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.

15. NO WARRANTIES

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.

16. CONSUMER-PROTECTION SAVINGS CLAUSE

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

17. SEVERABILITY

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

18. ENTIRE AGREEMENT

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.

19. SURVIVAL & PRECEDENCE

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.

20. BOOKING, PRICING & PAYMENT

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 U.S. dollars unless indicated otherwise; where a price is described as tax-inclusive, it includes 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.

21. CANCELLATIONS, REFUNDS & RESCHEDULING

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.

22. CHARGEBACKS

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.

23. PARTICIPANT CONDUCT, REMOVAL & DAMAGE

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.

24. ALCOHOL & IMPAIRMENT

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.

25. PERSONAL PROPERTY

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.

26. TRAVEL INSURANCE

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

27. MEDIA RELEASE

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.

28. AGE & AUTHORITY TO BOOK

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.

29. ELECTRONIC ACCEPTANCE

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.

30. LISTINGS, SUBSTITUTION & ITINERARIES

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.

31. TIME LIMIT FOR CLAIMS

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.