Terms & Conditions

These Terms and Conditions (the “Terms”) govern the relationship, and serve as a legally binding agreement, between you (“you”), a user of the website located at https://www.okanagangondola.com/ and all sub-pages, including all information, content, tools, services and functions available on or through that website (collectively, the “Site”), and/or a purchaser, holder or user of any Ticket (as defined in Section 2) or a visitor to the Premises (as defined in Section 5), and Okanagan Gondola Land Corporation (“OG”, “we”, “us” or “our”), the owner and operator of the Site and of the gondola rides, sightseeing and related services and facilities offered by OG, including access to the Trails (as defined in Section 6) (collectively, the “Services”). Your access to and use of the Site, your purchase of any Ticket, and your access to the Premises and use of the Services are subject to your acceptance of and compliance with these Terms.

References in these Terms to “OG”, “we,” “us” or “our” mean OG and its current and future parent corporations, subsidiaries, and other affiliates, whether directly or indirectly, wholly or partially, owned or controlled by OG or its parent corporations (collectively, the “OG Affiliates”).

Please read these Terms carefully before using the Site, purchasing a Ticket or using the Services, as they contain ‎important information ‎regarding your ‎legal rights, remedies and obligations, ‎including an assumption of risk, a release and waiver of liability, ‎various limitations and ‎exclusions on damages you may claim against ‎us and indemnification obligations you owe to ‎us.‎ If you do not agree to these ‎Terms, you may not access or use the Site, purchase a Ticket, or access the Premises or use the Services.‎

Please use these links for quick access to specific parts of these Terms:

1. Your Acceptance of these Terms
2. Tickets and Purchases
3. Gift Cards
4. Cancellations, Refunds and Changes
5. Conditions of Entry and Guest Conduct
6. Hiking Trails
7. Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity
8. Changes to these Terms
9. Ownership of Site and Content
10. General Permissible Use
11. General Prohibited Use
12. Communications
13. Personal Information Privacy
14. Feedback
15. Links to Other Sites
16. Disclaimer of Warranties
17. Limitation of Liability
18. Indemnification
19. Suspension and Termination
20. Jurisdiction
21. Other Matters
     

1. Your Acceptance of these Terms

By using the Site, purchasing a Ticket, or accessing the Premises or using the Services, you confirm that: ‎(a) you accept these Terms; and (b) you agree ‎to comply with these Terms. Tickets may only be purchased by persons who have reached the age of majority in their province, territory or jurisdiction of residence and can form a binding contract with‎ OG. Persons under the age of majority may use the Site, access the Premises and use the Services only with the involvement and consent of a parent or legal guardian who accepts these Terms on their behalf, and, while on the Premises, must be accompanied if and as required by Section 5. If you purchase Tickets for, or accompany, any other person (including any minor), you represent that you have the authority to accept these Terms on that person’s behalf, you agree to bring these Terms to that person’s attention, and you are responsible for that person’s compliance with these Terms. We recommend that you save a local copy of the Terms ‎for your records. 

If you are using the Site, purchasing a Ticket, or accessing the Premises or using the Services on behalf of an organization, then you are agreeing to these Terms on behalf of that organization and by doing so, you are promising to OG that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization).

You may not use the Site, purchase a Ticket, or access the Premises or use the Services if you breach these Terms or if your permission to do so has been suspended or terminated by OG.

2. Tickets and Purchases

Ticket Purchases. Tickets for the gondola and related Services may be purchased through the Site, at the OG ticket office, or through an authorized reseller (each, a “Ticket”). Upon purchase, you will receive a confirmation of your purchase (a “Confirmation”). Your purchase of a Ticket, including any authorization of the use of your payment card, indicates your acceptance of these Terms and confirms your purchase.

Validity. Unless otherwise stated on the Ticket, each general admission Ticket is valid for one admission only, on the date and the ride time booked, as specified in your Confirmation. Each annual membership pass is valid for three hundred sixty-five (365) days from the date of purchase or, if purchased before OG's opening date of April 2, 2027, for three hundred sixty-five (365) days from that opening date. Tickets are non-transferable. Persons who purchase Tickets online, either directly or through an authorized reseller, must present the payment card used to purchase the Ticket or the Confirmation, together with valid government-issued photo identification, upon request.

Ride Times. Where a Ticket requires a scheduled ride time, you must book a ride time through the Site or at the OG ticket office. Ride times are subject to availability, and availability may be limited during peak operating periods.

Annual Membership Passes. Each annual membership pass entitles the pass holder (a “Member”) to unlimited gondola rides during the validity period described in this Section 2, provided that the Member books a ride time for each visit in accordance with these Terms. Members are also eligible for the following benefits, each subject to availability and to any additional terms OG may publish on the Site from time to time: (a) access to OG member events; (b) savings at OG restaurants and retail shops; and (c) discounted Tickets for friends and family visiting with the Member. Annual membership passes are non-transferable and are for the sole use of the named Member, and OG may require a Member to present valid government-issued photo identification at any time to verify the Member’s identity. OG may suspend or cancel an annual membership pass, without refund, if it is used by any person other than the named Member.

Rates and Taxes. All prices are displayed in the currency stated in your Confirmation and are subject to applicable federal and provincial taxes and any other applicable fees, all of which are subject to change. Prices are subject to change without notice, but any change will not affect a Ticket for which you have already received a Confirmation.

Promotional Codes. Promotional codes are valid only for their intended audience and in accordance with their stated terms. If you use a promotional code that is not advertised on the Site or that is intended for staff or a special group of which you are not a member, OG may cancel the discount and adjust your purchase to the applicable standard rate without notice.

Payment. OG accepts VISA, MasterCard and American Express, gift cards. OG is not responsible for any foreign transaction fees, currency conversion charges or bank fees charged by your financial institution.

3. Gift Cards

Gift Cards. OG may issue or sell gift cards, gift certificates and other prepaid vouchers with a monetary value that may be applied towards purchases from OG (each, a “Gift Card”). The terms in this Section ‎3 relating to Gift Cards are provided to you at the time a Gift Card is issued or sold, and apply in addition to any terms printed on or accompanying the Gift Card.

No Expiry. Gift Cards do not expire. A Gift Card is valid until its full monetary value has been redeemed or the Gift Card has been replaced.

Redemption. Gift Cards may be redeemed towards the purchase of general admission Tickets and annual membership passes: (a) online through the Site, by entering the Gift Card code at checkout; or (b) in person at the OG ticket office. Gift Cards may not be redeemed for any other goods or services and may not be used to pay any amount owing to an authorized reseller. Any purchase made with a Gift Card is subject to these Terms, including the ride time booking and availability requirements in this Section ‎3.

Remaining Balances. If the price of your purchase is less than the balance on your Gift Card, the remaining balance will stay on the Gift Card for future use and will not expire. If the price of your purchase exceeds the balance on your Gift Card, you must pay the difference using an accepted payment method. You may check the remaining balance on your Gift Card at any time through the Site or at the OG ticket office. Except as required by applicable law, Gift Cards are not redeemable for cash, and any remaining balance will not be refunded in cash or credited to a payment card.

Lost or Stolen Gift Cards. Please treat your Gift Card like cash. OG is not responsible for any lost, stolen, damaged or destroyed Gift Card, or for any unauthorized use of a Gift Card, except as required by applicable law. If your Gift Card is lost or stolen, please contact OG as soon as possible.

Fees. OG does not charge any fee in relation to a Gift Card, including any activation, purchase, inactivity, dormancy, service or balance inquiry fee.

4. Cancellations, Refunds and Changes

REFUNDS. EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION ‎4 OR AS REQUIRED BY APPLICABLE LAW, ALL TICKET PURCHASES ARE FINAL AND NON-REFUNDABLE.

Changes. You may change the visit date or ride time of your Ticket free of charge, subject to availability, up to twenty-four (24) hours before your scheduled ride time, through the Site or at the OG ticket office. If the price for your new date or ride time is higher than the price you paid, you must pay the difference. Tickets purchased through a tour operator or other third-party reseller are subject to that reseller’s change policy, and any change must be requested through that reseller.

Missed Ride Times. If you miss your scheduled ride time, please check in at the OG ticket office to be rebooked for the next available ride time, subject to availability. Availability may be limited during peak periods.

Operational Changes and Closures. Operating dates, hours and ride times are subject to change without notice due to weather, trail or mountain conditions, mechanical or maintenance requirements, safety concerns, or other operational reasons. If OG cancels your scheduled ride time or closes the gondola for the full day of your visit, OG will, at its option, rebook your Ticket for another available date or time or refund the price paid for the unused Ticket.

5. Conditions of Entry and Guest Conduct

Conditions of Entry. Your entry to and use of the gondola, the base and summit facilities, the dining facilities, the Trails and all other lands and facilities owned, operated or controlled by OG (collectively, the “Premises”) is conditional on your possession of a valid Ticket, your compliance with these Terms, all posted signage and rules, and all instructions given by OG staff. OG may refuse entry to, or remove from the Premises, any person who fails to comply with these conditions or whose conduct OG considers unsafe, disruptive or unlawful, without refund.

Arrival. Please plan to arrive at least twenty (20) minutes before your scheduled ride time and ensure you are in line at least ten (10) minutes before your ride time.

Appropriate Attire. For your safety, you must wear attire and footwear appropriate for current and changing mountain weather conditions and, if you intend to use the Trails, for hiking on natural terrain. If OG determines that your attire or footwear is unsuitable and potentially unsafe, OG may decline your entry to the gondola or the Trails.

Animals. Certified guide dogs and service dogs are welcome on the Premises. Appropriate certification must be presented on request.

Children. Children aged fifteen (15) and under must be accompanied by a responsible adult at all times while on the Premises, including on the gondola and the Trails. The accompanying adult is responsible for the supervision, safety and conduct of the children in their care. Guests aged sixteen (16) to eighteen (18) may visit the Premises without an accompanying adult, provided that a parent or legal guardian has accepted these Terms on their behalf in accordance with Section 1. The parent or legal guardian of any such guest remains responsible for that guest’s safety, conduct and compliance with these Terms while on the Premises, and accepts the assumption of risk, release, waiver and indemnity in Section ‎7 on that guest’s behalf.

Prohibited Items. You must not bring onto the Premises any weapons, firearms, ammunition, incendiary devices, or explosive, flammable, hazardous, illegal or other potentially dangerous items. OG may search any guest’s bags or personal effects for any such items and, in its sole discretion, may confiscate, store, destroy or surrender to an appropriate authority any item that it reasonably considers is or may become dangerous, and may refuse entry to, or remove from the Premises, any guest who declines to cooperate with a search or to surrender such an item.

Personal Property. All personal property brought onto the Premises, including money, jewellery, cameras, electronic devices, mobile phones, medical equipment, wheelchairs, personal mobility devices, walkers and strollers, is at the owner’s sole risk. OG is not responsible for any loss of or damage to personal property.

Smoking, Alcohol and Conduct. Smoking and vaping of any substance, including tobacco and cannabis, are strictly prohibited anywhere on the Premises, including in gondola cabins, in all buildings and on the Trails. In accordance with British Columbia law, alcohol may only be consumed in licensed areas. Disorderly, abusive or unsafe conduct of any kind will not be tolerated and may result in removal from the Premises without refund.

Property Damage. You are responsible for, and agree to pay OG for, any damage to the Premises or OG property caused by you or any person for whom you are responsible, including any additional cleaning costs.

6. Hiking Trails

Unsupervised and Unguided Trails. Your Ticket may include access to hiking trails located at or near the summit (the “Trails”). The Trails are unsupervised and unguided. OG does not provide guides, patrols, trail supervisors or first aid attendants on the Trails, and OG staff will not monitor your use of the Trails. The Trails are natural, unpaved and largely unimproved, and may include uneven, steep, loose, wet or icy surfaces, roots, rocks, drop-offs, fallen trees and other natural and man-made hazards, and may be inhabited by wildlife. Medical assistance and emergency services may not be readily available.

Your Responsibilities on the Trails. If you choose to use the Trails, you do so voluntarily and entirely at your own risk, and you agree to: (a) assess your own physical fitness, ability and experience, and that of any person in your care, before using the Trails; (b) remain on marked Trails at all times and obey all posted signs, closures and warnings; (c) carry appropriate footwear, clothing, water and any personal medication or equipment you may need; (d) keep any children in your care under direct and constant supervision; (e) keep a safe distance from, and not feed or approach, any wildlife; (f) not litter, damage vegetation or remove natural objects; and (g) return to the summit gondola station in sufficient time for the last scheduled descent of the day.

Trail Closures. OG may close all or any part of the Trails at any time, without notice, for weather, wildfire risk, wildlife activity, maintenance or any other reason. Any information OG provides about the Trails, including maps, distances and difficulty ratings, is for general guidance only and is not a representation or guarantee as to trail conditions at any time.

7. Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity

WARNING: PLEASE READ THIS SECTION ‎7 CAREFULLY. BY PURCHASING OR USING A TICKET, OR ACCESSING THE PREMISES, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

Risks. There are significant elements of risk in any activity associated with the outdoors and mountain environments, including the use of the gondola, the summit facilities and the Trails. Certain risks cannot be eliminated without destroying the unique character of these activities, and the same elements that contribute to their unique character can cause injury, illness or, in extreme cases, permanent trauma or death. These risks include, but are not limited to: (a) cold weather and heat related injuries and illnesses, including frostbite, hypothermia, heat exhaustion, sunstroke and dehydration; (b) inclement weather, lightning, wildfire and smoke, and variances and extremes of wind, weather and temperature; (c) slips, trips and falls on uneven, steep, loose, wet or icy terrain and surfaces, including on the unsupervised and unguided Trails; (d) encounters with wildlife; (e) mechanical stoppages, delays or evacuations of the gondola; (f) your ability, and that of any person in your care, to listen to, understand and follow instructions and posted signs; (g) food allergies or reactions to food or beverages served at the summit; and (h) accidents or illnesses occurring in remote places where medical facilities and emergency services are not readily available.

Assumption of Risk. You understand that the description of risks above is not complete and that other unknown or unanticipated risks may result in injury, illness or death. Your participation, and that of any minor in your care, in the Services and use of the Trails is purely voluntary, and you elect to participate despite the risks, both foreseeable and unforeseeable. You confirm that you, and any person in your care, are physically and mentally capable of participating in the activities in which you choose to participate. You freely accept and fully assume, on behalf of yourself and any minor in your care, all such risks and responsibility for bodily injury, accidents, illness, death, loss of personal property and related expenses, whether arising from those inherent risks or from the negligence of the OG Parties (as defined below).

Release and Waiver. To the fullest extent permitted by law, you, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST OG, THE OG AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, MANDATARIES, SUCCESSORS AND, IF APPLICABLE, THE OWNERS AND LESSORS OF THE PREMISES (COLLECTIVELY, THE “OG PARTIES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSONS OR PROPERTY ARISING FROM OR INCIDENT TO YOUR ACCESS TO THE PREMISES, YOUR USE OF THE SERVICES OR YOUR USE OF THE TRAILS, WHETHER ARISING FROM THE NEGLIGENCE OF THE OG PARTIES OR OTHERWISE.

Indemnity. To the fullest extent permitted by law, you, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS THE OG PARTIES from any and all liabilities arising from or incident to your access to the Premises or use of the Services or the Trails, or that of any minor or other person for whom you purchased a Ticket or for whom you are responsible, EVEN IF ARISING FROM THE NEGLIGENCE OF THE OG PARTIES.

Separate Waiver. OG may require you, and any person in your care, to sign a separate release of liability, waiver of claims and assumption of risk agreement before accessing the Premises or using the Services or the Trails. Any such agreement is in addition to, and does not limit, this Section ‎7.

Acknowledgement. You confirm that you have read, understood and accepted this Section ‎7, and that it is binding upon you, your heirs, assigns, personal representatives and estate, and all members of your family, including any minors accompanying you.

8. Changes to these Terms

OG endeavours to provide current and accurate information on ‎the Site, but misprints, errors, inaccuracies, omissions or other ‎errors may sometimes occur. OG reserves the right to: (a) ‎correct any error, inaccuracy or omission at any time without prior ‎notice or liability to you or any other person; and (b) change at any ‎time the Site and its contents without any notice or liability to you or ‎any other person. 

Furthermore, we reserve the right in our discretion to revise and update any part of these Terms from time to time. Except to the extent contrary to applicable law, all changes are effective immediately upon posting and apply to your continued access to and use of the Site, and to any Ticket purchased, and any access to the Premises or use of the Services, after the changes are posted. We may post reminders and summary information about material changes to these Terms on the Site, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review them. You agree to periodically review these Terms in order to be aware of any such changes and your continued use of the Site, purchase of Tickets or use of the Services following any such changes will be deemed to indicate your acceptance of any such changes, regardless of whether you were given notice.

For clarity, if any of the terms and conditions of these Terms, or any future changes to them, are unacceptable to you, you must discontinue your use of the Site, purchase of Tickets and use of the Services. Your use of the Site, purchase of Tickets or use of the Services now, or following the implementation of updated Terms, will indicate acceptance by you of those Terms or modifications.

You may ‎not change, supplement, or amend these Terms in any ‎manner. ‎ ‎

9. Ownership of Site and Content

OG or the OG Affiliates and their licensors own all rights, title, and interest in and to ‎the Site and all data and content made available in and through the Site, ‎including all software, computer code, images, text, graphics, ‎illustrations, logos, photographs, pictures, maps, trail information, menus, audio, video, ‎design, presentation, and “look and feel” of the Site, and all ‎intellectual property rights related to the foregoing and the Site (the “‎OG ‎Content”). Put simply, the Site and the OG Content are the property of their respective owners and are protected by copyright, ‎trademark, and any other proprietary rights.

‎You acknowledge and agree that you have no ownership rights in the Site or the ‎OG Content.

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of OG or the OG Affiliates or other third parties. You are not permitted to use these Marks without the prior written consent of OG or the third party that owns the Mark.

10. General Permissible Use

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to access and use the Site and to access the OG Content for your personal, non-commercial use, including to plan your visit and purchase Tickets. We and our licensors reserve all rights not expressly granted in these Terms.

11. General Prohibited Use

You acknowledge that your use of the Site and OG Content for any purpose not expressly permitted by these Terms is strictly prohibited. Without limiting the generality of the foregoing, you must not:

• copy, reproduce, modify, distribute, transmit, broadcast, display, sell, license, create derivative works or otherwise exploit for any purpose whatsoever the OG Content or the design or layout of the Site (or any part or component of them) without our and, where applicable, our licensors’ prior written consent;
• harvest or collect information about users of the Site;
• interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of those servers or networks;
• restrict or inhibit any other person from using the Site;
• reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
• remove any copyright, trademark or other proprietary rights notice from the Site;
• frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent;
• gain or attempt to gain unauthorized access to any part of the Site or any OG Content, or any related system, network, service or data, by hacking, password mining or any other means;
• use the Site for any purpose that is fraudulent or otherwise tortious or unlawful; or
• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather OG Content or any other Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the previous sentence, and subject to compliance with any instructions from OG, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of those materials, but not caches or archives of those materials. We reserve the right to revoke this permission either generally or in specific cases, at any time and without notice.

12. Communications

You authorize OG to: (a) accept communications it receives ‎from you by means of the Site as if those communications had ‎been given directly by you in writing and signed by you; (b) ‎disclose your communications to OG’s affiliates and services ‎providers as required to provide the Site; and (c) respond to your communications through the Site, by email or other means of communication.

Communications you send to OG are not effective unless and ‎until they are processed by the responsible OG ‎representative.  OG may refuse to process any communications ‎sent to OG, or may reverse the processing of any ‎communications sent to OG, at any time in OG’s discretion, ‎and without any notice or liability to you or any other person, ‎including if OG believes the communication to be fraudulent or ‎unlawful or defective, inaccurate or incomplete due to a technical ‎malfunction.

13. Personal Information Privacy

OG collects personal information and non-personal information ‎from users of the Site and from purchasers of Tickets and visitors to the Premises.  Personal information may be transferred to, stored and processed outside of Canada, including in jurisdictions where OG’s service providers are located. OG’s Privacy Policy is available ‎online: https://okanagangondola.com/privacy-policy/ 

14. Feedback

While we are continually working to improve the Services, the Site and the Premises, we also pay attention to the interests, feedback, comments, and suggestions we receive from our guests. If you send us any ideas or suggestions relating to the Services, the Site or the Premises, including any reviews, comments, promotions, names, or any related documentation or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply. Accordingly, by sending Feedback to us, you agree that:

• OG has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; ‎
• You grant OG an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable (through multiple tiers of sublicensees), transferrable licence to reproduce, create derivative works of, modify, and otherwise use the Feedback and derivatives of the Feedback for any purpose without restriction, and without payment of royalties, acknowledgement, attribution, or other consideration.
• You represent and warrant to us that you have or own all the necessary legal rights to submit the Feedback and grant us (and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns) the licence to the Feedback, and that the Feedback does not and will not violate any law or the intellectual property, privacy, publicity, or other rights of any person; and
• You waive any moral rights or other rights of authorship in and to any Feedback in favour of OG, including any rights you may have in the altered or changed Feedback even if it is no longer ‎agreeable to you.

15. Links to Other Sites

The Site may contain links to third-party websites, applications or resources (collectively, “Third-Party ‎Services”). These links are provided for your convenience and information only, and do not indicate our approval or endorsement of those Third-Party Services or the information you may ‎obtain from them. We make no representations about any Third-Party Services that may be accessed ‎from or through the Site, nor do we have any control over the contents of those Third-Party ‎Services. You use Third-Party Services and ‎you deal with the owners or operators of Third-Party Services at ‎your own risk. We are not ‎liable or responsible for any consequences, losses, harm or damages that may arise from your access or ‎use of any Third-Party Services, including your purchase or use of, or access to, ‎goods, services, resources, content, or any other transactions made in connection with any Third-Party ‎Services. We encourage you to review carefully the terms, policies and practices of any Third-Party ‎Services and ensure you understand them before you engage in any transaction. Complaints, claims, ‎concerns or questions regarding Third-Party ‎Services ‎should be directed to the third-party provider, owner or operator of the applicable Third-Party Services.

16. Disclaimer of Warranties

Please read this Section ‎16 (Disclaimer of Warranties) carefully as it limits our obligations to you in respect of the Site, including all OG Content, and the Services.

To the maximum extent permitted by applicable law, the Site, the OG Content, and all other content, materials and information contained in or provided through the Site are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, accessibility, availability, completeness, errors, fitness for a particular purpose, non-infringement of third party rights, lack of viruses or other disabling or harmful code, results, suitability, security, title, uninterrupted service, all of which are hereby waived by you and disclaimed by OG to the fullest extent permitted by applicable law.

OG does not promise that the Site or any of the OG Content will be error-free, uninterrupted or secure, that any defects will be corrected. You use the Site at your own risk. If you are dissatisfied with the Site or any of the OG Content, your sole remedy is to cease using the Site and OG Content.

To the maximum extent permitted by applicable law, OG does not represent, warrant or guarantee that the Services, the gondola, any summit facilities or the Trails will be available or operational at any particular time, or that the Trails or any other part of the Premises will be free of hazards. Your access to the Premises and use of the Services and the Trails are at your own risk, as set out in Section ‎7.

No advice or information, whether oral or written, obtained by you from OG through the Site will create any warranty, representation or guarantee of any kind. OG is not responsible for the contents of any information posted by any third party on the Site, any linked sites or any link contained in a linked site, or any changes or updates to such sites.

The above disclaimers do not limit or exclude any rights provided under applicable legislation that cannot be limited or excluded under such legislation.

17. Limitation of Liability

Please read this Section ‎17 (Limitation of Liability) carefully as it limits our liability to you in respect of the Site, including all OG Content, the Tickets and the Services.

To the maximum extent permitted under applicable law, under no circumstances will the OG Parties be liable (jointly or severally) to you or any other person for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, or any other damages or losses whatsoever, including damages for personal injury, pain and suffering, emotional distress, delay, inconvenience, loss of enjoyment, disappointment or frustration, or loss of profits, savings, revenues, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms, the Site, the OG Content, any Ticket, the Services, the Premises or the Trails, whether based on tort (including negligence), extracontractual liability, breach of contract, or other theory of liability, even if any of the OG Parties have been advised of the possibility of or could have reasonably foreseen any such damages or losses, and irrespective of any failure of an essential purpose of a limited remedy.

Strictly to the extent that the foregoing paragraph does not apply to you, in the event that for any reason required under applicable law we are liable to you in any manner, in no event will the OG Parties’ maximum aggregate liability arising out of or in any way related to these Terms, your access to and use of the Site or the OG Content, any Ticket, the Services, the Premises or the Trails exceed the greater of (a) the amount you paid to OG for the applicable Ticket(s); or (b) CAD $1,000.00.

Without limiting the foregoing, the OG Parties will not be liable for any damage, loss, claim, cost or expense arising out of personal injury, accident or death, or loss of, damage to or delay of property, resulting from: (a) the act or omission of any person other than the OG Parties; or (b) acts of God, sickness, theft, labour disputes, mechanical breakdowns, government actions, weather, wildfire, wildlife or any other cause beyond OG’s direct control.

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that any exclusions and limitations in these Terms are prohibited, those exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with the applicable prohibitions. Nothing in these Terms is intended to exclude or limit any ‎condition, warranty, duty, right, or liability that may not be lawfully excluded or limited.‎

18. Indemnification

Please read this Section ‎18 (Indemnification) carefully as it imposes an obligation on you to indemnify us in certain circumstances.

To the maximum extent permitted by applicable law, you agree, at your sole cost, to indemnify and hold harmless the OG Parties from and against any and all claims, actions, proceedings, ‎causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, ‎charges, costs and expenses (including legal fees) of any kind and character ‎whatsoever incurred by such OG Parties‎, including any amount paid to settle any such action or to ‎satisfy a judgment, arising out of or relating to your breach these Terms or your illegal or otherwise wrongful conduct, including violation of any third party’s rights in connection with these Terms, the Site, the OG Content, any Ticket, the Services, the Premises or the Trails, or the conduct of any person for whom you purchased a Ticket or for whom you are responsible (all of the above, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. This Section ‎18 is in addition to the indemnity in Section ‎7.

19. Suspension and Termination

Except to the extent prohibited by applicable law, OG reserves the right to suspend or terminate your access to the Site, cancel any Ticket, or refuse your entry to or remove you from the Premises, at any time in ‎our sole discretion and without refund, if (a) you are in breach of these Terms; or (b) ‎your use of the Site or the Services could cause a risk of harm or loss to OG or OG Affiliates and other users or guests. OG may exercise these rights without notice or liability to you or any third party.‎

20. Jurisdiction

You agree that these Terms, your use of the Site, the OG Content and the Services, your purchase of any Ticket, your access to the Premises, and your relationship with OG will be governed by the laws of British Columbia and the federal laws of Canada applicable therein. We both agree that all claims arising out of these Terms, your use of the Site, any Ticket, your access to the Premises or your use of the Services can only be litigated in courts of competent jurisdiction sitting in the City of Vancouver, British Columbia. However, you agree that OG can apply for injunctive remedies in any jurisdiction.

21. Other Matters

Entire Agreement. As amended, these Terms, any Confirmation, any separate release or waiver signed under Section ‎7, and any other agreements between you and us related to your use of the Site or the Services, constitute the entire agreement and understanding between you and us with respect to the matters referred to in these Terms, your access to and use of the Site and the OG Content, and your purchase of Tickets and use of the Services, and supersede and replace any prior or contemporaneous agreements, communications, understandings and proposals, in any format or medium, between you and us with respect to such matters (including any prior versions of the Terms). No person, other than a representative of OG authorized in writing, may vary, add to or waive any of these Terms.

Assignment and Enurement. We may at any time assign our rights and obligations under these Terms, in whole or in part, without ‎notice to ‎you. You may not assign these Terms, or any of your rights or obligations under these Terms, without our prior written consent. These Terms will ‎enure to the benefit ‎of and bind you and us and our respective personal and legal representatives, heirs, ‎successors, and permitted ‎assigns.‎

No Waiver. Our failure to insist on the strict performance of any provision of these Terms or to exercise any right or remedy in these Terms will not be construed as a waiver of that provision, right or remedy. Neither the course of conduct between you and us nor trade practice will act to modify any provision of ‎these Terms. Our rights, powers and remedies in these Terms are cumulative and in addition to ‎any right, power or remedy that may be available to us at law or in equity.‎

Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, in whole or in part, in any jurisdiction, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms. That determination will not invalidate or render unenforceable that provision (or any part of it) in any other jurisdiction or affect the validity or enforceability of any other provision of these Terms, which will continue in full force and effect.

Survival. All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Notifications. We may provide you with notifications via email, in hard copy or through conspicuous posting of such notice on the Site, as we may determine in our sole discretion.

Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site.

Independent Suppliers. Any third-party suppliers that provide services on or in connection with the Premises are independent contractors and are not the agents, employees or servants of OG or the OG

Affiliates. Services provided by such suppliers may be subject to their own terms and conditions.

Social Networks. If at any time the Site includes features that operate in conjunction with certain third-party social networking platforms that you visit (“Social Network Features”), your use of the Social Network Features is governed by these Terms, but your access and use of third-party social networking platforms and the services provided through these platforms is governed by the terms and conditions and other agreements posted on these platforms. You agree that you alone are responsible for your use of the Social Network Features and that we will not be liable to you or anyone else for your violation or breach of any terms and conditions or other agreement that may result from your use of the Social Network Features.

'Force Majeure. We will not be liable for delays, failures in performance, or interruptions of the Site or the Services that result directly or ‎indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, ‎civil disturbance, war, state of emergency, pandemic, epidemic, outbreak of illness or disease, declaration of public health emergency, strike or other labor dispute, fire, wildfire, smoke, severe or inclement weather, earthquake, natural disaster, mechanical breakdown, interruption in power, telecommunications or internet ‎services or network provider services, failure of equipment and/or software, or other catastrophe.‎

Questions and Concerns 

If you have any questions or concerns about these Terms, your Ticket or the Services, or if you become aware of misuse of the Site, please contact us through the form at https://okanagangondola.com/contact-us/ .‎