Booking Terms & Conditions

1. Operator Identification

Totem Aviation ("Totem Aviation", "we", "us", "our") operates scenic airplane flights, whale-watching excursions and combined packages from its base in Les Escoumins, Quebec.

• Email: info@totemaviation.com
• Phone: 581 235-5235
• Website: www.totemaviation.ca

By making a booking on our website, by phone, by email or in person, you (the "Client") acknowledge that you have read, understood and accepted these Terms & Conditions.

2. Nature of Activities and Role of Partners

2.1. Scenic flights and the "Air" portion of combined packages are operated by Totem Aviation.

2.2. Zodiac excursions (the "Sea" portion of combined packages) are operated by an independent partner. Totem Aviation acts as a booking intermediary for that portion. The partner applies its own safety, boarding and on-board conduct rules, which the Client agrees to follow.

2.3. Activities are seasonal and subject to weather, sea state, aircraft and vessel availability, and applicable regulatory requirements.

3. Booking and Confirmation

3.1. A booking is confirmed only once Totem Aviation has sent a written confirmation (email or SMS) and, for online payments, once payment has been received (see Section 4).

3.2. The Client must provide accurate and complete information at the time of booking, including: full name of each passenger, a mobile phone number reachable on the day of the activity, an email address, and the actual weight of each passenger (see Section 8).

3.3. A Client booking on behalf of other persons represents that they have the authority to bind them and ensures that each passenger has read these Terms.

3.4. Totem Aviation reserves the right to refuse or cancel any booking in the event of an obvious pricing error, unavailability or non-compliance with these Terms, with a full refund of amounts paid.

4. Prices, Taxes and Payment

4.1. All prices are in Canadian dollars (CAD). Unless otherwise stated, displayed prices exclude GST (5%) and QST (9.975%), which are added at checkout.

4.2. Payment may be made online at the time of booking or on site on the day of the activity, before departure. Specific arrangements may apply to groups and charters (see Section 5.7).

4.3. Payments are processed by a secure third-party payment provider. Totem Aviation does not store full credit card numbers.

4.4. Prices may change without notice, but any confirmed booking is honoured at the price in effect at the time of confirmation.

4.5. A detailed invoice or receipt including GST/QST registration numbers is emailed after payment.

5. Cancellation by the Client

5.1. All cancellation requests must be sent in writing (email or SMS) to info@totemaviation.com or 581 235-5235.

5.2. Bookings paid online: any cancellation by the Client, regardless of notice, is subject to a cancellation fee of 10% of the amount paid. The balance is refunded.

5.3. Bookings paid on site: no cancellation fee.

5.4. A no-show, or lateness resulting in the loss of the booked time slot, is treated as a cancellation by the Client.

5.5. Combined Air + Sea packages are indivisible: cancelling one portion is treated as cancelling the full package.

5.6. Refunds are issued to the original payment method within 5 to 10 business days.

5.7. For groups of 8 or more and private charters, specific conditions may apply and are set out in the booking confirmation.

6. Cancellation, Postponement or Modification by Totem Aviation

6.1. Safety first. The pilot-in-command and, where applicable, the vessel captain have sole and final authority to postpone, cancel, shorten or modify any flight or excursion for safety reasons, including: fog or mist, cloud ceiling, visibility, wind, precipitation, turbulence, sea state, ice, technical issues, regulatory limits, or any other condition deemed unfavourable.

6.2. Weather on the St. Lawrence River can change rapidly. Sea fog and wind may cause last-minute cancellations, including after the Client has arrived on site. These decisions are not subject to dispute.

6.3. If Totem Aviation cancels before departure, the Client may choose, at their discretion:

• a) rescheduling to another available date at no charge; or
• b) a full refund of amounts paid for the cancelled portion.

6.4. If an activity is interrupted after departure for safety reasons, Totem Aviation will offer a fair credit or partial refund based on the portion completed. An activity that has reached more than 75% of its scheduled duration is considered completed.

6.5. Totem Aviation may change the departure time, route, duration, aircraft or vessel type, or the order of the portions of a combined package for operational or weather reasons. The Client will be notified as soon as possible.

6.6. Totem Aviation is not responsible for incidental costs incurred by the Client (travel, accommodation, meals, other activities, loss of time) resulting from a cancellation, postponement or modification.

7. Punctuality and No-Shows

7.1. The Client must arrive at the time and place stated in the confirmation for check-in, weighing and the safety briefing: at least 15 minutes before the scheduled departure for flights, and at least 30 minutes before the scheduled departure for the Sea portion (Zodiac excursion) of a combined package.

7.2. Any lateness that could compromise the operating schedule is treated as a no-show (see Section 5.4). Totem Aviation will attempt, without obligation, to place the Client on a later departure if availability permits.

7.3. The Client must ensure that the mobile number provided is working on the day of the activity, as postponement or modification notices are sent by SMS and/or email.

8. Weight, Capacity and Passenger Distribution

8.1. For flight-safety reasons (weight and balance), each passenger's actual weight must be declared at booking. Passengers may be weighed at check-in.

8.2. Totem Aviation reserves the right to refuse a passenger, change seat assignments, reduce the number of passengers or split a group across several flights where aircraft weight limits so require. An inaccurate weight declaration resulting in denied boarding is treated as a no-show (see Section 5.4).

8.3. Seat positions (front, rear, window) are not guaranteed and are assigned by the pilot-in-command.

9. Eligibility, Health and Safety

9.1. Each passenger must be able to board and disembark the aircraft (from the ground, on an unpaved runway) or the Zodiac (from a dock or beach) without special assistance. Persons with reduced mobility are invited to contact us before booking so we can assess accommodation options.

9.2. Activities are not recommended for pregnant women, persons who have had recent surgery, or persons with heart, respiratory or back conditions, or any medical condition that may be aggravated by motion, vibration, pressure changes or exposure to cold and spray. The Client is responsible for assessing their own fitness and consulting a health professional if needed.

9.3. Any passenger visibly under the influence of alcohol, drugs or cannabis will be denied boarding without refund.

9.4. Smoking and vaping are prohibited on board aircraft and vessels, on docks and in refuelling areas.

9.5. Passengers must at all times follow the instructions of the pilot-in-command, the captain and ground staff. Any behaviour that endangers the safety or comfort of others will result in immediate removal of the passenger, without refund, and may be reported to the authorities.

9.6. Minors under 18 must be accompanied by a parent or guardian, who signs the required documents on their behalf. Minimum-age restrictions may apply to Zodiac excursions under the partner's rules.

9.7. Animals are not allowed on board, except certified service dogs, subject to prior notice and weight constraints.

10. Baggage, Personal Effects and Electronic Devices

10.1. Only small personal items (camera, phone, clothing) are allowed on board. No baggage is accepted except by prior arrangement for charters.

10.2. Items may be secured or refused at the discretion of the pilot-in-command. Electronic devices must be used in accordance with their instructions.

10.3. Totem Aviation and its partners are not responsible for loss, theft or damage to personal effects, including water or spray damage during Zodiac excursions.

11. Clothing

11.1. The Client is responsible for arriving suitably dressed: warm, windproof clothing and closed, non-slip footwear. Perceived temperatures in flight and on the river can be 10 °C lower than on shore.

11.2. For Zodiac excursions, flotation clothing or suits may be provided by the partner and must be worn.

12. Wildlife Viewing

12.1. Whale and wildlife sightings are natural phenomena. Totem Aviation and its partner do not guarantee any sighting, in quantity or by species. The absence of sightings does not entitle the Client to any refund or compensation.

12.2. All activities are conducted in compliance with the Marine Activities in the Saguenay–St. Lawrence Marine Park Regulations and the Marine Mammal Regulations (Fisheries Act), including approach distances and minimum overflight altitudes. The Client accepts that these rules may limit how closely animals can be approached.

13. Inherent Risks and Limitation of Liability

13.1. The Client acknowledges that small-aircraft flight and Zodiac navigation on the St. Lawrence involve inherent risks, including: turbulence, sudden movements, motion sickness, exposure to cold, water and sun, falls while boarding or disembarking, and, in exceptional cases, incident or accident.

13.2. The Client participates voluntarily and assumes the inherent risks of the activity. The Client may be required to sign an acknowledgement-of-risk form before departure.

13.3. To the extent permitted by law, Totem Aviation's liability to the Client is limited to the amount paid for the booking. Totem Aviation is not liable for indirect or consequential damages or loss of enjoyment.

13.4. Nothing in these Terms limits or excludes Totem Aviation's liability for gross or intentional fault, or any rights granted to the Client by law that cannot be waived, including under the Quebec Consumer Protection Act (CQLR, c. P-40.1) and the Civil Code of Québec.

13.5. Commercial air transport of passengers is governed by the Aeronautics Act and the Canadian Aviation Regulations (CARs). Totem Aviation holds the certificates and insurance required by Transport Canada for its operations.

14. Photographs, Video and Media

14.1. The Client may take photos and video for personal use, subject to safety instructions. Drones are prohibited on site and near the aerodrome.

14.2. Totem Aviation may take photos or video during activities for promotional purposes. A Client who does not wish to appear must inform staff before departure.

15. Gift Certificates and Credits

15.1. Gift certificates are valid for 24 months from the date of purchase unless otherwise stated and are not redeemable for cash. In accordance with the Consumer Protection Act, prepaid gift cards of a fixed monetary value do not expire.

15.2. Rescheduling credits issued following a cancellation are valid until the end of the following season.

16. Personal Information

16.1. Totem Aviation collects only the information necessary for booking, operational communications (confirmations, postponements and cancellations by SMS and email), invoicing and regulatory compliance (passenger manifest, weights).

16.2. This information is handled in accordance with the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) and our privacy policy. Names and weights of passengers on a combined package are shared with the Zodiac partner only to the extent necessary to deliver the Sea portion.

16.3. The Client may access, correct or request deletion of their information by writing to info@totemaviation.com. The person in charge of personal information protection can be reached at the same address.

17. Events Beyond Our Control

Totem Aviation is not liable for failure to perform its obligations due to force majeure or events beyond its reasonable control, including without limitation: weather, natural disasters, wildfires and smoke, government or airspace restrictions (NOTAMs), utility failures, pandemics, strikes, or unforeseen unavailability of an aircraft, vessel or partner. In such cases, Section 6.3 applies.

18. Changes to These Terms

Totem Aviation may amend these Terms at any time. The version applicable to a booking is the one in effect at the time of confirmation, as indicated by the update date at the top of this page.

19. Governing Law and Dispute Resolution

19.1. These Terms are governed by the laws applicable in Quebec and the federal laws of Canada.

19.2. Any dispute will first be submitted to an attempt at amicable resolution by writing to info@totemaviation.com. Failing agreement, the courts of the judicial district in which Totem Aviation has its principal establishment have jurisdiction, subject to the public-order provisions of the Consumer Protection Act allowing a consumer to bring proceedings in the district of their domicile.

20. General Provisions

20.1. If any provision of these Terms is found invalid, the remaining provisions remain in effect.

20.2. These Terms are drafted in French and English. In the event of any discrepancy between the two versions, the French version prevails.

20.3. Totem Aviation's failure to exercise any right under these Terms does not constitute a waiver of that right.