Delicious Discoveries Food & Walking Experiences Liability Waiver and Terms & Conditions

TERMS & CONDITIONS 

THESE TERMS & CONDITIONS (“Terms“) govern the relationship between Maya Strasser dba Delicious Discoveries, her employees and independent contractors (“Delicious Discoveries“) and Customer. Throughout these Terms “Customer” includes anyone included on a Booking. 

The Services 

Delicious Discoveries curates and books tours on behalf of Customer and all obligations and liabilities with respect to the tour are those of Customer. The services booked for Customer are set out on the Booking Website and Confirmation Email (the “Booking“). 

Duties and Recommendations of Delicious Discoveries 

Delicious Discoveries directs the attention of Customer to the terms and conditions of any transportation service Customer intends to use to arrive at the departure point of the tour, including public transit, private bus/limo service, rideshare service, e.g. Uber, as these travel services may have exclusions that affect use of the service and Customer’s ability to arrive at the departure point by the required time. Any questions Customer has about any of these transportation services should be addressed to the transportation services. 

Delicious Discoveries directs the attention of Customer to their preferred weather prediction source so that Customer is prepared for the weather expected on the day of the tour as it will proceed regardless of weather conditions. 

Delicious Discoveries strongly recommends that anyone not covered by the Ontario Health Insurance Plan (OHIP) purchase travel insurance to cover any medical expenses not covered by their health insurance program. 

Duties & Acknowledgements of Customer 

Customer must review and verify all details set out on the Booking immediately on receipt from Delicious Discoveries and must immediately advise Delicious Discoveries of any errors or omissions. 

Customer must review these Terms and any changes to these Terms before asking Delicious Discoveries to book a tour. 

Customer acknowledges that Customer has been directed to review the terms and conditions of any transportation service Customer intends to use to arrive at the departure point of the tour, including public transit, private bus/limo service, rideshare service, e.g. Uber, and also been advised that any questions Customer has about the terms and conditions of these transportation services should be addressed to the specific transportation service. 

Customer is responsible for complying with all customs, rules and procedures of the tour route and locations on the tour and failure to comply with all such customs, rules and procedures may result in customer being removed from the premises and ejected from the tour. 

Customer acknowledges that Delicious Discoveries strongly recommends that anyone not covered by the Ontario Health Insurance Plan (OHIP) purchase travel insurance to cover any medical expenses not covered by their health insurance program. 

Customer is responsible for ensuring that Customer has all necessary clothing to participate in the tour as Customer acknowledges the tour will proceed regardless of weather conditions. 

Customer acknowledges that the locations included on the tour may be different than those with which customer is familiar. 

Customer is responsible for notifying Delicious Discoveries of any special dietary requirements at the time of making the Booking. Delicious Discoveries will advise Customer if those special dietary requirements can be accommodated on the tour and Customer can decide whether to take the tour. If Customer decides to take the tour Customer does so at Customer’s own risk. 

Delicious Discoveries shall not be liable for any damage or loss suffered by Customer, including the inability to participate in any aspect of the tour, as a result of failing to comply with this section. 

Price of Tour 

Prices quoted by Delicious Discoveries for a tour are based on information provided to it by suppliers, include all applicable taxes and are subject to change according to supplier terms and conditions. 

Payment for Tour and Non-refundable Amounts 

Customer is responsible for payment for the tour. All payments are non–refundable regardless of whether the tour takes place or Customer attends the tour, subject to purchase by Customer of Tour Cancellation. 

Delicious Discoveries will provide the payment schedule and failure to make payments when due may result in cancellation of the tour, which will be considered Cancellation by Customer (see “Change or Cancellation by Customer” below) and all cancellation fees and penalties will apply. 

Customer represents to Delicious Discoveries that Customer has the authority to use any credit card the details of which Customer provides to Delicious Discoveries without presenting the actual card to Delicious Discoveries. Customer authorizes Delicious Discoveries to use any credit card the details of which customer provides to Delicious Discoveries to pay for the tour for Customer and to make those payments to Delicious Discoveries or a supplier as directed by Delicious Discoveries. Customer agrees not to make a claim for chargeback on any credit card the details of which Customer provides to Delicious Discoveries in relation to any non–refundable deposit. 

Change or Cancellation by Delicious Discoveries 

Tours are typically sold in advance of tour dates and sometimes locations are no longer available close the date of the tour or tour routes cannot be followed due to circumstances beyond the control of Delicious Discoveries. In such circumstances, Delicious Discoveries reserves the right to substitute locations for those included in the Booking and follow a route different than originally described in the Booking. If, in the discretion of Delicious Discoveries, the customer experience will be substantially reduced, it may choose to return fees paid by Customer in excess of the nonrefundable deposit. If Delicious Discoveries must cancel or reschedule a tour for any other reason, Customer will be notified by email and offered an alternative date or a gift certificate for the amount paid for the tour valid for a future tour. 

If the minimum number of participants set out in description of a tour is not met, Delicious Discoveries reserves the right to cancel the tour up to 24 hours in advance, in which case Customer will be notified by email and may choose to reschedule or receive a refund. 

Customer may pay for Tour Cancellation ($9 per participant), allowing Customer to cancel up to 3 hours before the time of departure of a tour. To cancel on this basis, Delicious Discoveries must receive an email from Customer at the email address provided in the Booking at least 3 hours before the time of departure of a tour. Cancellation after purchasing Tour Cancellation entitles Customer to receive a full refund or reschedule to another date. 

Cancellation by Customer 

Cancellation of any tour by Customer will be subject to the cancellation policy(s) applicable to the tour as set out in the Booking and these Terms. 

In the case of a cancellation by Customer, cancellation and non-refundable amounts provided for in the Booking and these Terms will apply. 

Privacy 

Delicious Discoveries will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information. In particular it will:Protect personal information held by it. 

1. Identify the purpose of its collection and how it will be used. 
2. Use the information collected only for the stated purpose. 
3. Ensure that the information is accurate, complete and up to date. 
4. Protect the information against loss or theft. 
5. Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible. 

Photography and Media Release 

By participating in a Delicious Discoveries tour, Customer acknowledges and agrees that photographs and/or video recordings may be taken of Customer during the tour. Customer hereby grants Delicious Discoveries the perpetual, royalty-free right to use, reproduce, modify, publish, distribute, and display any such photographs or video recordings featuring likeness of Customer for promotional purposes on the Delicious Discoveries website, social media platforms, or other marketing materials, without further consent or compensation. If Customer does not wish to be photographed or recorded, please notify the tour guide before the tour begins. 

Assumption of Risk & Waiver of Rights 

Customer acknowledges that by participating in a tour Customer is assuming all risks of doing so, including the conditions of the route walked, traffic conditions and conditions of the locations visited and any resulting loss, damages or injury, including any personal injury and consequences thereof. 

Customer waives all rights to make any claim against Delicious Discoveries with respect to any loss, damages or injury suffered as a result of participating in a tour, including property damage or damage relating to or arising from personal injury. 

Indemnification by Customer 

Customer undertakes and agrees to defend and indemnify Delicious Discoveries and hold Delicious Discoveries harmless, at Customer’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Delicious Discoveries may sustain or incur by reason of: 

(a) any breach of these Terms by Customer; 

(b) a claim, demand, suit, etc. made by any location for damages caused by Customer; (c) a claim, demand, suit, etc. made by one or more people on the tour; and 

(d) a claim by a credit card company or other third party dealt with by the Delicious Discoveries in relation to the booking of the tour for Customer, including any charge back request. 

Customer’s obligations in this section shall continue in force after the conclusion of the tour. 

Changes to these Terms 

Delicious Discoveries may make changes to these Terms from time to time and all changes shall be binding on Customer from the date on which the change is brought to the attention of Customer. 

Delicious Discoveries Responsibility 

Delicious Discoveries arranges tours with independent third parties, such as restaurants, bars, diners and other independent suppliers on behalf of Customer to provide Customer with the tour. Delicious Discoveries also choose the route taken on the tour. Delicious Discoveries exercises care in selecting these independent suppliers and the route taken and pays particular attention to their reputation, reliability and maintenance. However, Delicious Discoveries does not control these independent suppliers or the maintenance of the route and cannot be held responsible for their performance, lack thereof of or upkeep. 

Delicious Discoveries is not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person or Delicious Discoveries employee or sub-contractor supplying any aspect of a tour. 

Delicious Discoveries is not responsible for consequential damages or special damages suffered by Customer, even in circumstances in which Delicious Discoveries is aware of the reason Customer is taking the tour, including circumstances in which Customer arrives at the departure point of the tour later than expected and/or is unable to attend any aspect of the tour, whether that aspect is included in the price of the Booking or not. 

Customer shall not have any claim against Delicious Discoveries by reason of Customer failing to purchase medical insurance. 

Limitation of Delicious Discoveries Liability 

Delicious Discoveries‘ liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to Delicious Discoveries by Customer, in relation to which any claim by customer is made. 

Force Majeure 

In no event shall Delicious Discoveries be liable for any failure to perform Delicious Discoveries’ obligations or delay in performing Delicious Discoveries‘ obligations where such failure or delay is due to events beyond Delicious Discoveries’ control which prevents or delays the performance of Delicious Discoveries’ obligations, including without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services (a “Force Majeure event”). In any such circumstance, in which Delicious Discoveries is prevented or delayed in the performance of its obligations, Delicious Discoveries shall not be obliged to return any amount paid by customer. 

Customer acknowledges that Delicious Discoveries, on behalf of customer, will forward funds to independent third parties, and that once forwarded, these funds may not be recovered and/or refunded. Where a Force Majeure event has occurred, performance of Delicious Discoveries’ obligations shall be suspended for the duration of the Force Majeure event, and Delicious Discoveries shall perform Delicious Discoveries‘ obligations only when it is possible to do so. 

In any event, the liability of Delicious Discoveries arising out of Force Majeure event shall not exceed amounts paid directly by Customer, to Delicious Discoveries, and Delicious Discoveries shall not be liable for any consequential or indirect damages or legal costs incurred by any party. 

General Provisions 

NOTICE 

Notice may be provided either in writing, to the last address provided by the customer/Delicious Discoveries, delivered by hand, or by email or other electronic method, in which case it will be effective when delivered. 

PARTIAL VALIDITY 

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 

MODIFICATION 

These Terms may be modified by the Delicious Discoveries at any time. 

LAW GOVERNING TERMS 

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario. 

FORUM FOR DISPUTES 

The courts of the province of Ontario shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms. 

SUCCESSORS AND ASSIGNS 

These Terms shall be binding upon and shall inure to the benefit of Customer/Delicious Discoveries and their successors, assigns, administrators and executors. 

COMPLETE UNDERSTANDING 

These Terms represent the complete understanding of Customer/Delicious Discoveries with respect to the Booking and specifically exclude any oral or written representation made that is not included in these Terms. 

WAIVER 

No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provision(s), whether or not similar, nor shall any waiver constitute a continuing waiver. 

Valid as of July 30, 2026