Terms & Conditions

By using Montreal Nightlife Tours, and booking a package as a Customer, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use Montreal Nightlife Tours' services. Montreal Nightlife Tours may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

MEMORANDUM OF AGREEMENT entered at Montreal at the time of booking,

BETWEEN: Montreal Nightlife Tours, having its head office at
6049 Despreaux
Montreal, Quebec
H1S 1E7;
(hereinafter "Operator")

AND Customer (hereinafter "Customer")

WHEREAS Operator arranges bookings for tours;
WHEREAS Customer is the organizer of a tour group;
WHEREAS the parties wish to set forth the terms and conditions that shall govern their relationship and to enter the present Agreement;
NOW THEREFORE, in consideration of the promises, covenants, undertakings and obligations hereinafter set forth, the parties hereto agree as follows:

1 Preamble

1.1 The preamble hereto is true and correct and forms an integral part hereof as if recited at length herein;

2 Reference

2.1 As used in the present Agreement, each reference to either party includes that party's agents, employees, contractors, sub-contractors, partners, and

2.2 any other person or entity engaged by that party in the execution of the rights and obligations created hereunder;

3 Tour

3.1 Customer hereby books, and Operator hereby accepts the booking for the tour as detailed in Schedule "A" hereto (the "Tour");

3.2 Customer hereby agrees to pay the price of the Tour as set forth in his respective invoice;

4 Cancellation fees and schedule

Package Cancellation

** These policies do not apply if you are more than 25 people in your group. ** These policies may be different for special events, like New Years Eve. ** All "Days" below refer to business days (Mon to Fri)

Group Cancellations

Days prior to arrival

11 or more days	No cancellation fee (0$)
4 to 10 days	250$
0 to 3 days	50% of your invoice

Individual Cancellations

Days prior to arrival

11 or more days	No cancellation fee (0$)
4 to 10 days	With hotel: 40$ per person Without hotel: 20$ per person
0 to 3 days	50% of your invoice

Activity & Other Reservation Cancellations

Days prior to arrival

1 to 10	No cancellation fee (0$)
Within 24 hours	10$ per person, per reservation

5 Terms and conditions

5.1 Operator acts as the contractor for tours, and subcontracts for the provision of services by various carriers, hotels, and bars, clubs, and other such establishments ("Providers"). Under no circumstances does Operator warrant, guarantee, or make any representation as to the services provided by the said Providers, and shall not be responsible for any default, failure, delay, act or omission of any kind whatsoever alleged or committed by any Provider. In such event, Organizer and/or its customers shall have recourse only against the said Provider or Providers directly;

5.2 Any and all services rendered by the said Providers are in every case governed by the particular agreements in force between each Provider and the Organizer and/or its customers, as the case may be;

5.3 Operator shall not be responsible for any loss, injury, delay or theft, resulting from any occurrence during the Tour. In any event, damages shall in all circumstances be limited to such unrefunded amounts actually paid to and received by Operator;

5.4 Operator reserves the right to cancel the Tour of and remove immediately and without notice any person who disrupts the peaceable enjoyment of the other persons or violates any rule of any carrier or hotel or who otherwise behaves in a disorderly manner. In such case, no refund shall be payable pursuant thereto, and the person so removed shall be solely responsible for any and all costs associated therewith;

6 Severability

6.1 The individual provisions of the present Agreement are severable from the others, and in the event that any provision is deemed to be illegal, void or unenforceable, the validity of the other provisions shall not be affected thereby;

6.2 Any provision determined to be unenforceable by an authority of competent jurisdiction shall be deemed modified to provide for the enforcement hereunder in accordance with the intent thereof expressed or implied by such provision to the extent permitted by law;

6.3 In the event of a breach of any term or terms of this Agreement, failure by either party to institute legal action or proceedings shall not constitute a waiver of any right, nor shall it affect that party's right to require performance of any and all obligations undertaken pursuant to the terms of this Agreement at any time thereafter;

7 Force Majeure

7.1 The Operator shall not be held to be in default of the present Agreement for any delay or failure in performance caused by factors beyond its reasonable control, including, without limitation, acts of God or of civil or military authority, embargoes, epidemics, war, terrorist acts, fires, floods, earthquakes, strikes, power blackouts or brownouts, software or hardware malfunctions, or failures of services of other persons or transportation or telecommunications carriers;

8 General Provisions

8.1 Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its provisions; This Agreement shall enure to the benefit of and be binding upon the parties personally. Any monetary obligations arising from the present Agreement shall be binding upon the parties' respective legal representatives, transferees, successors and assigns;

8.2 The present Agreement contains the entire agreement between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, or otherwise, between the parties with reference thereto and not embodied herein, shall be of any force and effect hereunder;

8.3 This Agreement shall not be waived, superseded, amended, or modified in whole or in part other than in writing, duly executed by both parties hereto;

8.4 The present Agreement shall be construed and interpreted according to the laws of Quebec;

8.5 The parties acknowledge that they have required that this agreement and all documents, notices and correspondence relating thereto be prepared in English. / Les parties reconnaissent avoir exigé que la présente convention et tous les documents, avis et correspondance y afférents soient rédigés en anglais.