General conditions of access and use of Famclub Xplo services

GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE SERVICES OF THE FAMCLUB XPLO (the "Conditions")

 

ARTICLE 1.         OBJECT

1.1.             Écorécréo Group Inc., Voiles en Voiles Inc. and their affiliated companies, projects and brands (the "Provider") offer various leisure, tourism and outdoor activities on various sites in Canada (the "Services") through a monthly subscription service marketed under the name of "Famclub Xplo" (the "Famclub").

 1.2.             A person who subscribes to the Services operated by the Provider will become a member of the Famclub (the "Member").

1.3.           The Member considers that the Provider has the necessary competence and experience to provide the Services.

1.4.              The Service Provider undertakes to provide the Services set out in Article 3 in accordance with the conditions set out in this contract. Considering the facts described below and the reciprocal advantages and obligations stated, the receipt and validity of which are hereby recognized, the customer and the Service Provider agree to these conditions.


ARTICLE 2.         DURATION

2.1.              This agreement comes in effect from the date of purchase of the Famclub monthly subscription service until termination by the Member.

 

ARTICLE 3.         SERVICES PROVIDED

3.1.             The use of the Services is limited to the various conditions established by the Provider;

    • Access to the Great Adventure at Voiles en Voiles park (4 hours)
    • Access to the Great Adventure at the Winter Park of Voiles en Voiles (4 hours)
    • Pedal boat rental in the Old Port of Montreal (30 minutes)
    • Quadricycle rental in the Old Port of Montreal (30 minutes)
    • Segway tours to choose from with Eco Tours in the Old Port of Montreal
    • Access to Aquazilla Oka water courses (1 hour)
    • Access to the inflatable courses of Îlots 76 at the Olympic Park (1 hour)
    • Access to Aquazilla Parc Jean-Drapeau water courses (1 hour)
    • Quadricycle rental at Parc Jean-Drapeau (1 hour)
    • Rental of bicycles, tandems or inline skates (2 hours)
    • Rental of pedal boats, kayaks or canoes at Parc Jean-Drapeau (1 hour)
    • Guided tours by Segway, bike or kayak to choose from with Éco Tours at Parc Jean-Drapeau
    • Ice skate rental at the Old Port of Montreal, La Fontaine Park, Quartier des spectacles or Parc Jean-Drapeau (1 hour)
    • Snowshoe rental, cross-country skis, snow scooters or fat bikes at Parc Jean-Drapeau (2 hours)

3.2.             The Provider also includes in the subscription;

    • 15% discount on other products offered on the different sites
      • Children's parties and private events
      • Alimentary
      • Souvenirs
    • 15% discount for accompanying persons
    • Access to exclusive events
    • Free ice skate sharpening at Patin Patin

 

ARTICLE 4.         REMUNERATION AND TERMS AND CONDITIONS

4.1.              In return for the service, the Member will pay remuneration to the Provider in the following terms;

    • Upon subscription, the Member will have to pay a membership amount of $75, payable only once during the agreement with the Provider. (admission fee)
    • A monthly payment of $15 will be charged to take advantage of the services offered by the Provider.

4.2.             The monthly payments will be deducted automatically from the credit card on file until the subscription is terminated. They will also be collected on the same date each month.

4.3.             The remuneration is shown excluding the taxes applicable in Quebec, i.e. the GST (5%) and the QST (9,975%).  Taxes are subject to change without notice in order to keep pace with tax rates determined by governments.

4.4.            the Member wishes to change the method of payment for the next monthly payments, he must do so by contacting the Provider within 5 days preceding the next payment, otherwise the amount could be deducted from the old method of payment.

4.5.           If the Member wishes to cancel his subscription, he must do so within 5 days before the monthly renewal by completing this cancellation form or by contacting the Service Provider by email at the following address: [email protected] and requesting the cancellation of the subscription otherwise the next month will be charged.


ARTICLE 5.         COMMITMENTS AND RESPONSIBILITIES OF THE PROVIDER

5.1.              The Service Provider undertakes to respect the following responsibilities:

5.1.1.             Make available to the Member the Services listed in Article 3.

5.1.2.              Ensure user support.

 

ARTICLE 6.         COMMITMENTS AND RESPONSIBILITIES OF THE USER

6.1.             The Member undertakes to respect the following responsibilities:

6.1.1.             Use the services offered by the Provider following the instructions and regulations of the various sites.

6.1.2.             The Member agrees to make the payment monthly to be able to take advantage of the Services.

6.1.3.            The Member agrees to use the Service as a reasonable person, for the purposes for which it was designed and in compliance with the present regulations of the various sites.

6.1.4.             The Member undertakes to use the Service in such a way that the equipment made available to him is not damaged when it returns.

6.1.5.             Any use of the Provider's material that may endanger its user or third parties will not be tolerated under penalty of having to terminate the subscription immediately, and this without refund.

6.1.6.             Any disassembly or attempted breakage of the equipment will not be tolerated and the Member undertakes to indemnify the Service Provider for any damage resulting from the member's fault.

ARTICLE 7.         AVAILABILITY OF THE SERVICES OFFERED

7.1.             The Services offered by the Service Provider may be used at any time by the Member under the conditions defined in Article 3.

7.2.             The Services may be used by the Member upon availability only.

7.3.             Except in cases of force majeure, weather conditions that may endanger the Member or according to restrictions adopted by the competent authorities of a limit on the use of the services, the services must remain available to the user.

7.4.             The Member wishing to participate in the services offered by the Provider must accept the terms and conditions of use of the various services.

ARTICLE 8.         CHANGES

8.1.             The Service Provider may at any time modify one or more non-essential elements of these Terms or any article of the contract. Any such modification will be communicated to the user in writing, through electronic means, at least thirty (30) days before its entry into force.

8.2.             The notice will set out the new section, the old section, the date of coming into force of the amendment and the rights of the consumer in the event of non-acceptance of the amendment.  If the modification results in an increase in the user's obligations or a reduction in the Provider's obligations, the user may refuse the modification and terminate these Terms free of charge, by sending the Provider a notice to that effect no later than 30 days after the entry into force of the modification. If the user continues to make use of the Service after the modification takes effect, this means that the user accepts the new Terms or conditions as amended.

 

ARTICLE 9.         TERMINATION

9.1.              The Member may terminate this contract without charge or penalty before the Service Provider has begun to perform its main obligation, by sending a written notice to that effect to the Service Provider.

9.2.              The Member may cancel his current subscription without charge or penalty within 5 days before the next monthly payment.

9.3.              The parties reserve the right to terminate these Terms for any purpose for any of the following reasons:

9.3.1.             If the other party fails to comply with its important commitments, responsibilities or obligations under these Terms, other than minor provisions that do not affect the parties.

9.3.2.             In the event of major force such as a natural disaster, fire, flood or any other disaster. In addition, if a case of major force prevents or delays the performance of the commitments and responsibilities of the parties, the parties will be exempt from the obligation to fulfill the commitments and responsibilities for as long as the circumstances of the case of major force prevail.

9.4.             If one of the anticipated cases of termination occurs, notice will be sent to the defaulting party stating the reasons for termination and the latter will then be given 15 days after the date of receipt of the notice to remedy the defect set out in the notice. If it does not do so, the agreement will be terminated ex officio from the date of entry into force of the date of termination, i.e. 15 days after receipt of the notice period.

9.5.             If the Member resigns his subscription, but subsequently wishes to re-subscribe, he must pay remuneration to the Provider according to the following terms;

  • An inactivity fee of $15 per inactive month must be paid to the Provider in order to take advantage of the services offered by the Provider.
  • The inactivity fee is calculated according to the number of inactive months up to a maximum of $75.

 

ARTICLE 10.       COMPENSATION

10.1.             Any dispute relating to the execution of these terms and conditions shall be submitted to the jurisdiction of the competent courts of the district of Montreal, province of Quebec, to which the parties expressly confer jurisdiction. These terms and conditions are subject to the laws applicable in the province of Quebec.

10.2.             The Provider will in no way be liable for the loss, breakage or damage of the equipment made available to the user, except in the case of gross negligence or malfunction of the equipment on the part of the Provider.

 

ARTICLE 11.       REGULATIONS OF THE VARIOUS

11.1.              In the event of a dispute between the Provider and the Member concerning the application or interpretation of this agreement, the parties will then do everything possible to settle this dispute amicably. 

11.2.              Before going to arbitration as provided below, the parties agree to discuss in good faith and bring any dispute to the attention of their partners for settlement within fifteen (15) days of a dispute resolution notice. In the event that the dispute cannot be resolved within this period, either party may refer the dispute to arbitration.

11.3.             All disputes not resolved in accordance shall ultimately be submitted to an arbitrator in accordance with the legal provisions applicable in the province whose laws govern this Agreement.  The arbitrator will have the power to award damages and his or her decision will be final.

 

ARTICLE 12.       LIMITATION OF LIABILITY

12.1.             The Member, or any other person or entity, acknowledges that the Provider, the Provider's Representatives and any affiliated persons or companies shall have no liability for any indirect, punitive, exemplary, circumstantial or special loss or damage (including damages for pain and suffering, emotional distress or similar damages, business interruption , damage to reputation, loss of information, loss of profits, loss of income, loss of salary or other remuneration) resulting from the use of the Service, even if the Provider, or any Representative have been informed of the possibility of such damages or losses or if such damages or losses were foreseeable.

ARTICLE 13.       CONTACT DETAILS OF THE PROVIDER

13.1.     The contact details of the Service Provider are as follows:

Postal address :     350 St-Paul E street, office 300 (Bonsecours Market) Montreal, Quebec, H2Y 1H2
Telephone :            514-473-1458 
Email :                     [email protected]  
Website :                 http://famclubxplo.com/en

 

ARTICLE 14.       ENTIRE AGREEMENT

14.1.             This contract and its annexes represent all of the agreement between the parties. No document, declaration, representation, promise or condition not contained in this contract or its annexes can and shall not be permitted to contradict, modify or affect in any way the terms thereof.

ARTICLE 15.       PROVISION OF A GENERAL NATURE

15.1.             This offer shall be interpreted in accordance with the laws of the Province of Quebec.

15.2.             Any notice given here here far will be given in writing or by email and will be delivered to the parties at their respective addresses mentioned herein or commonly used to communicate between the parties.

Updated on June 9, 2021

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