These Terms and Conditions (“Terms”) are:
BETWEEN: TRAVEL VIP (“Agency,” “our,” “us,” or “we”)
AND: You (“you,” “your,” or “yourself”)
(each a “Party” and, together, the “Parties”).
The Parties agree as set out below.
These Terms become effective and binding on each Traveller upon the earlier of: (1) your
written, digital, or electronic signature or other acceptance; or (2) your Booking, payment
toward, or use of Travel Services. The Terms remain in effect until terminated upon a The
Party’s written notice of termination to the other Party.
The Terms are subject to change at any time in the Agency’s discretion, without notice to you.
Changes become effective upon the earlier of: (1) your written, digital, or electronic
signature or other acceptance; (2) your Booking, payment toward, or use of Travel
Services; (3) our written notice to you; or (4) publication at https://
app.travelindustrysolutions.com/th/tc/1535/.
DEFINITIONS
“Booking” means a reservation made by Agency regarding your Travel Services.
“Supplier” means a party who provides Travel Services to Travellers.
“Traveller” means you or any other traveller on the same Booking.
“Travel Services” means travel products and services provided to Travellers by
Suppliers, including air, land, or water transportation, lodging, vehicle rentals, tours,
excursions, entertainment, food and drink services, and similar products and services, for
which Agency makes any Booking.
“Trip” means the composite of all Travel Services.
“Trip Documentation” means the documentation and communications we provide to
you with details and pricing regarding your Trip.
AGENCY OBLIGATIONS
We will endeavor to provide answers to questions you may have regarding our
agreements with you.
We will advise you of any conditions we have reason to believe may affect your decision
to make Bookings (e.g., construction at a resort, health or travel warnings).
TRAVELLER OBLIGATIONS
Each Traveller agrees to: (1) carefully read and understand these Terms, any Travel Client
Agreement or other agreement between the Parties, your Trip Documentation, and all
correspondence between you and us regarding your Trip; (2) notify us promptly, and in
any event within 24 hours from receipt, of any errors or omissions in your Trip
Documentation; (3) contact us to arrange your Trip sufficiently prior to travel dates to
ensure availability, avoid late-Booking fees, and avoid fare increases; (4) make all deposits
and payments per the schedules and dates set out in your Trip Documentation; and (5)
review, remain aware, and remain up-to-date regarding travel warnings relating to your
Trip by accessing the Canadian governmental travel advisory sites, as set out in these
Terms.
You warrant that you are 18 years of age or older and have authority to sign and accept
these Terms on behalf of all minor and adult Travellers on the same Booking who reside in
your household.
You acknowledge that your destinations may have conditions and standards of living,
customs, and practices that may be different from those available in Canada.
Information and disclosures provided in these Terms are not exhaustive and are provided
as guidance to help Travellers make informed decisions.
If you do not understand any part of these Terms, please contact us in writing as soon as
possible.
SUPPLIERS
Suppliers are independent of Agency, managed separately, who provide Travel Services to
you. Suppliers are not subject to Agency’s control—they are not employees, agents,
representatives, or affiliates of Agency.
Agency is not responsible for any Supplier’s breach of contract, changes to Travel Services
or routes, failure to comply with laws or regulations in any jurisdiction, or willful or
negligent acts or omissions, which may result in price increases, delays, inconvenience,
damage, loss, costs, injury, or death to Travellers or companions.
Suppliers operate under their own terms and conditions, which are separate from these
Terms. All documentation, receipts, confirmations, and tickets issued are subject to the
terms and conditions specified by each Supplier. Your travel documentation identifies each
Supplier responsible for providing your Travel Services. By paying for Travel Services, you
consent to the use of those Suppliers.
Please read Supplier terms and conditions carefully—you are responsible for
understanding and complying with the terms imposed by each Supplier, including: (1)
payment of all amounts when due; and (2) rules and restrictions regarding the availability
and use of Travel Services, including baggage allowances, check-in/check-out times, and
age or height restrictions. Any questions about a Supplier’s terms and conditions should
be addressed to the Supplier of a specific Travel Service.
You understand that any violation of Supplier terms may result in denied access to Travel
Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such
violation results in costs to the Agency, you agree to promptly reimburse Agency for all such
costs. Suppliers may require you to sign a liability waiver prior to participating in their
Travel Services.
If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide
refunds. Following bankruptcy, Suppliers may continue to provide all or some Travel
Services or they may stop operations. In such a case, other Suppliers may, but are not
required to, provide alternative travel services to you. The agency is not permitted to provide
refunds to you for Suppliers who have declared bankruptcy. The agency has no special
knowledge about the financial condition of any Supplier.
Agency has no liability for recommending a Trip credit or a refund. All Supplier promotions,
incentives, prices, and offers are subject to Supplier availability, which may change at any
time without notice.
TRAVEL RISK & INSURANCE
Agency is not an insurance agent or provider. We advise travellers of the availability of trip
cancellation insurance and out-of-province health insurance, which third-party insurance
agents and providers offer to travellers in exchange for fees.
We recommend that you buy such travel-related insurance to cover each Traveller.
If you have any questions or if you have not received information on the availability of
travel-related insurance, please contact us as soon as possible.
You understand that your Trip may involve: (1) inherent risks and unplanned events; (2)
fees for changes and cancellations; and (3) other unexpected costs, some of which may
be NON-REFUNDABLE.
You are responsible for choosing to buy (or not to buy) trip cancellation insurance and out-of-
province health insurance.
If you choose to buy travel-related insurance, (1) you are responsible for reading and
understanding all details and terms regarding your itineraries and insurance coverages;
(2) you understand that insurance covers only those things expressly stated in each
policy; (3) you understand that insurance policies may include restrictions or pricing
policies based, for example, on the type and location of travel or the time of purchase;
and (4) you understand insurance policies may exclude coverage for matters such as preexisting
medical conditions, travel interruptions relating to any pandemic or epidemic, and
risk activities and locations.
If you choose not to buy travel-related insurance: (1) you accept all risks relating to your
travel; (2) you may lose up to 100% of the cost of travel bookings, plus any cancellation
and related fees charged by Agency and third-party suppliers; and (3) you waive
insurance protection relating to your travel, including without limitation, changes and
cancellations; baggage delays and loss; supplier defaults; medical costs; and accidents
and emergencies; and any other damage, loss, cost, injury, and death relating to your
travel.
You waive all claims against and indemnify Agency, its owners, directors, employees,
contractors, advisors, agents, representatives, successors, and assigns for and from any
damage, loss, cost, injury, or death relating to: (1) your decision to buy or not to buy
travel-related insurance; (2) any insurance policy you may choose to buy; and (3) any
claim your insurance provider may deny.
This section will survive termination of these Terms.
PERSONAL INFORMATION
You understand that, as part of Booking any Travel Services, your personal information
may be conveyed to Agency, Suppliers, and other third-party providers to accommodate
your travel, and you consent to the use of your personal information by these parties.
Such personal information may include birth dates, passport numbers, travel dates,
occupation, frequent flyer information, bank accounts, credit cards, and other information
needed to secure travel arrangements.
Agency has no liability regarding: (1) the distribution of your information to any Supplier
or other third party, including any CRM or other technology platform outside our control;
or (2) any third party’s failure to protect your personal information. You authorize Agency
to keep your personal information for as long as needed to provide Bookings and for a
reasonable period thereafter for Agency’s legal or business purposes.
SOCIAL MEDIA
Each Traveller grants to Agency an unrestricted, royalty-free, non-exclusive, worldwide
license to use, in Agency’s discretion, Traveller’s name, image, and likeness, including any
photo or audio or video recording, relating to a Trip for marketing, promotion, tagging, or
any other lawful purpose on social media platforms, online locations, and Agency’s
website.
PRICING & INCLUSIONS
Quoted prices are based on the precise inclusions we provide to you in the Trip
Documentation.
Unless specifically itemized in the Trip Documentation, prices do not include other travel
costs, fees, or taxes, including: (1) fees imposed by or for airports, ports, stations,
security, agriculture, customs, immigration, visas, passports, or any other governmentimposed
fees or taxes; or (2) fees for meals, beverages, alcohol, minibars, entertainment,
seat assignments, upgrades, excursions, hospitality, gratuities, copies,
telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis,
transfers, porterage, departures, travel segments, health, medical treatment or tests,
vaccinations, pharmaceuticals, or any other personal charges.
All Supplier prices and availability are subject to change without prior notice until you
make full payment of deposits and other amounts due, as agreed in your Trip
Documentation. However, even following your full payment, you agree to pay additional
fees that may arise for variable matters beyond our control, including fuel and other
surcharges.
Agency has no responsibility for: (1) transparency or disclosure by any third party
regarding its pricing; (2) price changes or variable fees; (3) currency exchange
fluctuations; or (4) charges relating to foreign-currency transactions.
We reserve the right at any time for any reason to correct errors or omissions regarding
prices, to re-invoice you at corrected prices, or to take any other corrective measures
regarding your Bookings.
PAYMENT
You agree to make full payment of deposits and other amounts due as agreed in your Trip
Documentation. If you do not make full payment of any deposit or other amount by its due
date: (1) Suppliers may impose price increases, fees, or penalties; (2) Suppliers may
cancel your Bookings in whole or part; (3) Agency may cancel your Bookings in whole or
part; and (4) your previous deposits and other amounts paid may be NON-REFUNDABLE
under Supplier terms.
You are solely responsible, and Agency has no responsibility or liability, for consequences
relating to your late payment or non-payment.
If you request re-Booking, Agency will assist you with obtaining any refunds due to re-
Booking Trips (e.g., using future cruise credits). However, Agency may, in its discretion,
charge a NON-REFUNDABLE fee for re-Bookings.
Unless Agency provides prior written consent: (1) we are not the “merchant of record”
regarding your Travel Services; (2) we do not take possession of amounts you pay to
Suppliers for Travel Services; and (3) we are not responsible for any refunds payable to
you by Suppliers.
Your payments are in Canadian dollars unless we notify you otherwise. Payments in
currency other than Canadian dollars will be converted at then-current exchange rates.
Agency payments to Suppliers will be converted at then-current exchange rates between
Canadian dollars and the currency in Supplier’s country.
CREDIT & DEBIT CARDS
By submitting your credit or debit card (“Card”) to us, you confirm that: (1) you are an
authorized user of that Card; (2) you authorize us, or our agents, to charge your Card for
payments on due dates agreed in your Trip Documentation; and (3) you authorize us, or
our agents, to credit to your Card any amounts charged in error.
You are responsible for all costs, including costs of recovery, relating to the following: (1) if
you provide to us an incorrect Card number; (2) if our valid charges to your Card are
declined; (3) if your Card has insufficient funds on payment dates agreed in your Trip
Documentation; and (4) if your Card account is closed or expires before you pay all
amounts agreed in your Trip Documentation.
In any such event, you agree we have a right to suspend or cancel any Booking, and we
have no obligation to refund amounts paid by you if we suspend or cancel any Booking.
CHARGEBACKS
You agree not to initiate, and you waive any right to pursue, any credit- or debit-card
chargeback, reverse-charge, refund, or recollection (collectively, “Chargeback”) for any
reason, including delay, cancellation, refusal of entry, exit, or transit, force majeure event,
provision or non-provision of Travel Services, Supplier price changes, fees, or penalties,
Food Allergies (defined below), or any other matter relating to your Trip, except in the
case of fraud.
Even in the case of fraud, before initiating any Chargeback, you agree to first address the
matter directly with us in writing to give us a reasonable time to investigate the matter
and respond to you.
If you initiate a Chargeback relating to any amount we validly charge to your Card without
our prior written authorization, you agree to pay us for all fees and costs, including
attorney’s fees and legal expenses, we incur to dispute and respond to that Chargeback.
This section will survive termination of these Terms.
CHANGES, CANCELLATIONS, REFUNDS
You agree to comply with Supplier terms relating to change or cancellation of Bookings.
Supplier terms may not allow refunds if you change, cancel, partially use, or do not use
Travel Services for any reason, including actual, threatened, or fear of potential health
matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar
circumstances.
If you change or cancel a Booking, you may be subject to: Agency fees of CAD 50.0 per
component ; and Supplier fees, charges, or penalties.
We reserve the right to modify or cancel any Booking or Trip at any time if Supplier
minimum occupancy requirements are not met. If we modify or cancel any Booking or Trip
per the above: (1) we will provide you reasonable notice and the reasons for such change;
and (2) you understand that independent bookings made outside of these Terms,
including airline, rail, and other travel services, may be NON-REFUNDABLE and that
Agency has no responsibility for such bookings.
If you have any claim for refund or adjustment regarding your Trip, you agree to deliver it
to Agency in writing, including full details and documentation regarding the background,
rationale, and proof of payment.
This section will survive termination of these Terms.
NO SHOWS
Traveller’s failure to travel or show up for any Booking will be considered a “no show.” No
shows are subject to: (1) change or cancellation fees of Agency; and (2) Supplier terms,
which may include change fees, cancellation fees, and other penalties up to the entire
cost of Bookings and Travel Services. Traveller is responsible for and agrees to pay all such
fees and penalties, which Suppliers may issue as debit memos or any other form at any
time following a no show of Traveller.
ACCOMMODATIONS
Lodging accommodations are subject to availability at the time of reservation or check-in.
Some Suppliers require NON-REFUNDABLE and NON-TRANSFERABLE deposits to
guarantee a Booking. In such cases, Agency will notify you regarding the NON REFUNDABLE
pre-payment for that portion of your Trip.
Lodging amenities including air conditioning, elevators, bed size, connecting or adjacent
rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not
guaranteed at all properties and are not guaranteed to be operational or available during
your stay. Refunds regarding amenities are the responsibility of the Supplier.
AIR TRAVEL
Suppliers may require tickets to be paid in full at the time of Booking. Airline tickets, once
purchased, may be NON-REFUNDABLE and NON-TRANSFERABLE, subject to Supplier
terms and conditions.
Supplier policies and requirements may differ between domestic and international flights,
including fare refundability, transferability, recommended airport arrival times, advanced
check-in times, airline ancillary services, and baggage allowances, all of which are subject
to change.
Seat assignments are based on availability at the time of selection and payment. Airlines
may change seat assignments and aircraft or address other operational matters at any
time. Agency cannot guarantee seats in specific locations or next to each other.
Airline seat assignments, baggage and carry-ons, and airline ancillary services such as
meals, drinks, entertainment, Wi-Fi, and other services may be subject to additional fees.
Airlines may consider a name-change to be a cancellation.
You are responsible for confirming in advance: (1) airline policies and restrictions; (2)
availability of airline ancillary services; and (3) paying all related fees.
You agree to comply with safety guidelines of all airlines and hold Agency harmless from
any liability relating to airline policies, operations, or fees.
Agency is not responsible for any: (1) fees imposed by airlines for services; (2) changes to
aircraft or seat assignments after selection and payment; (3) loss, injury, accident, error,
or omission that may occur, including schedule changes, delays, cancellations, and
expenses due to weather conditions, airline operations, or equipment repair or failure; or
(4) other matters beyond Agency’s control.
TRAVELLER CONDUCT
You are responsible for: (1) any damage or loss caused by your acts or omissions; and (2)
full payment for any such damage or loss directly to Agency or any third party.
Agency is not responsible for any costs relating to: (1) Traveller conduct; or (2) Traveller
removal from any Travel Services, in whole or part, whether based on Traveller
negligence, willful misconduct, or otherwise. You agree not to hold Agency, its owners,
directors, employees, agents, or representatives accountable for any claims arising from
Traveller acts or omissions.
Any Authorized Party may, in its discretion, refuse you any Travel Service, require you to
leave any Travel Service, or require you to disembark any mode of transportation if the
Authorized Party reasonably believes: (1) you are a danger to yourself or any other
participant; (2) you have engaged in, are engaged in, or are threatening to engage in
behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious,
harassing, discriminatory, obscene, contrary to applicable law, or any other behavior that
may adversely affect the safety, security, comfort, enjoyment, or well-being of any other
Traveller, any Authorized Party, or any third party; or (3) you do not follow any rule,
procedure, or instruction of an Authorized Party.
If you are subject to any such determination of an Authorized Party: (1) you may be left at
any location, city, port, or place any mode of transport stops; (2) you will be solely
responsible for all costs relating to your subsequent subsistence, accommodation, and
transportation; (3) you will forego any right to any refund, in whole or part, of any fees
paid by you for any Travel Services; and (4) no Authorized Party will have any direct or
indirect liability of any kind relating to Traveller acts or omissions.
“Authorized Party” means Agency or any Supplier, including owners, directors, employees,
agents, and representatives, who provides to you Travel Services or related goods or
services, including any ship operator, ship captain, tour operator, tour director, group
leader, or crew member.
DISABILITIES & SPECIAL NEEDS
If you have disabilities or special needs that may require non-emergency special services,
additional support, or disability accommodations, please advise Agency in advance of
Booking.
Airlines and other Suppliers may impose charges for additional baggage and may have
size restrictions for wheelchairs they can accommodate. If you are unable to use your own
wheelchairs, mobility devices, or other medical equipment or devices, rentals may be
available, potentially subject to additional charges. If you travel with a service or
emotional support animal, Suppliers may require advance arrangements and
documentation regarding the animal’s health, training, and related factors.
Countries outside Canada often apply different laws, rules, regulations, standards, and
accommodations for persons with disabilities or special needs. Travel destinations may
have limited medical facilities, limited availability of prescription medications, and limited
means to accommodate your disability or special needs. Please consult your health
provider prior to planning or Booking your travel.
Agency will make all reasonable efforts to request assistance or arrange for appropriate
services or equipment regarding Traveller disabilities or special needs. However, Agency is
not responsible for the failure of Suppliers to meet Traveller needs and expectations.
FOOD ALLERGIES
If you have food allergies or any similar conditions that may cause you harm during your
travel (“Food Allergies”), please advise Agency in advance of Booking. If any Traveller has
Food Allergies, each such Traveller: (1) acknowledges the possibility of an elevated risk of
reactions, delays, or disruption during travel; and (2) has sole responsibility for his or her
Food Allergies and for performing all due diligence relating to such Food Allergies prior to,
during, and following travel. Agency is not responsible for any harm or loss caused by any
Food Allergy under any circumstances.
RISK ACTIVITY
If you engage in any activity that may involve any risk of harm to your own or another
person’s health or well-being, damage to property, or costs relating to such activity
(collectively, “Risk Activity”), you are solely responsible for your decision to engage in,
and your involvement with, such Risk Activity.
You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity. You
will not pursue any claim against Agency, and you release Agency from all liabilities,
relating to any Risk Activity.
Risk Activity includes any activity, or travel to any location, which can reasonably be
regarded as inherently dangerous, hazardous, or otherwise having the potential to result
in: (1) the damage to or loss of any property; or (2) the injury, disability, illness, or death
of any person.
ILLNESS & INJURY
If you become ill or injured during a Trip, you will bear all responsibility for your well-being
and treatment, if required. In such case, you will be responsible for all costs, planning, and
logistics regarding alternative travel arrangements. You will not cause a delay or
interruption regarding any Trip or otherwise burden other Travellers. You release Agency,
Suppliers, and other Travellers from any liability relating to your illness, injury, missed
flights or connections, travel delays, or unused Bookings.
BAGGAGE & PERSONAL ITEMS
You are solely responsible at all times for your baggage, personal items, and travel
documents. Agency is not responsible for any damage, loss, delays, or other matters
relating to your baggage, personal items, or travel documents.
PASSPORTS, VISAS, MEDICAL DOCUMENTATION
We will advise you if a passport, visa, medical inoculations, or other actions or
documentation are required for each Traveller and how long it usually takes to obtain such
documentation. As a general rule, Travellers traveling to or from any international
destination must have a valid passport, which must be valid for at least six months
beyond a Traveller’s date of return.
Minor Travellers (age 17 and under) traveling without an adult, with a single parent, or
with a non-parent adult may be required to carry additional authorizations and
documentation (e.g., an affidavit or letter from the other parent).
Each Traveller is responsible for: (1) taking all actions to obtain in advance all documents
needed to enter, exit, or transit any jurisdiction, including passports, visas, and medical
and other required documentation; (2) ensuring all such documentation is current and in
your possession; and (3) remaining familiar with and understanding the rules governing
travel in each jurisdiction on your itinerary.
Agency is not responsible or liable for: (1) your failure to update or possess passports,
visas, or medical or other documentation that may be required to enter, exit, or transit
any jurisdiction; or (2) determining the validity of your passport, visa, or medical or other
documentation required by any jurisdiction.
We will issue NO REFUNDS and will have no responsibility for any costs or losses incurred
as a result of any Traveller’s failure to obtain or possess any passport, visa, or medical or
other documentation required by Agency or any third party.
Even if all travel documents are complete, authorities in any jurisdiction may refuse or
restrict entry, exit, or transit. Refusal of entry, exit, or transit by any third party will not be
a justification for cancellation or refund regarding Travel Services.
TRAVELLER IDENTIFICATION & PROOF OF CITIZENSHIP
Airlines normally require all airline passengers to provide, at a minimum: (1) full name as
it appears on government-issued identification; (2) date of birth; and (3) gender. The
names of each Traveller on reservations and travel documents must match the name as it
appears on that Traveller’s government-issued identification.
Traveller is responsible for any fees and expenses that may be incurred due to an
incorrect name or the denial of travel resulting from incorrect or non-matching
information. Updated information regarding security measures and air travel requirements
are available at https://travel.gc.ca/. We strongly recommend that Travellers review this
website well before travel.
PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES
You are responsible for being aware of any compliance with any restrictions relating to
pandemics, epidemics, and other travel advisories.
You warrant that you have reviewed, understand, and will continually check Government
of Canada travel advisories, notices, warnings, restrictions, and rules, including those
regarding pandemics, epidemics, and other health threats, which can be navigated via the
following link: https://www.canada.ca/en/public-health.html. Government notices and
policies may change before your travel, during your travel, and after you return from
travel.
You understand that: (1) certain countries, including Canada, may require testing and
quarantine upon entering the country, as well as testing and quarantine upon returning to
Canada or your country of residence, including proof of full or partial medical treatments
(e.g., vaccine passports); (2) destination jurisdictions may have limited availability of
medical tests required to facilitate return to Canada or your country of residence; and (3)
different Suppliers and jurisdictions may have different medical protocols and screening
procedures, including mandatory face coverings and temperature checks in public areas
such as hotels, airports, aircraft, cruise ships, trains, or other means of transport.
Failure to comply with local laws and medical protocols may impact travel at the cost of
Traveller, including: (1) denial of boarding; (2) termination of Travel Services; (3) entry,
exit, and transit regarding any jurisdiction; and (4) return to Canada or your country of
residence.
Even if a Traveller complies with required local laws and medical protocols, authorities in
any jurisdiction may refuse or restrict entry, exit, or transit. Refusal of entry, exit, or
transit by any third party will not be a justification for cancellation or refund regarding
Travel Services.
CRIMINAL RECORDS
Jurisdictions may restrict entry for persons with criminal records. You are responsible for
understanding all destination entry laws and for knowing if you or anyone in your party
has a criminal record. Agency does not inquire into Traveller criminal records in the
interests of privacy.
RESTRICTED PRODUCTS & MATERIALS
You are responsible for knowing, understanding, and complying with applicable laws in
each jurisdiction in which you travel or transit regarding possession and use of restricted
or illegal products and materials, including: (1) animals and animal products; (2) plants,
fruits, vegetables, and soil; (3) cultural artifacts; (4) alcohol; (5) tobacco and vapes; (6)
firearms and ammunition; (7) knives and cutting instruments; (8) weapons; (9)
flammables and explosives; and (10) any other products or materials that may be
restricted or illegal from time to time (collectively, “Restricted Materials”).
You are responsible for knowing, understanding, and complying with applicable laws in
each jurisdiction in which you travel or transit regarding possession and use of drugs,
substances, and paraphernalia, including prescription, over-the-counter, and other
products and materials, which may be restricted or illegal in some jurisdictions but
unrestricted and legal in others (collectively, “Drugs”).
Possession or use of Restricted Materials or Drugs may result in: (1) immediate
termination of Travel Services; and (2) detainment, prosecution, and incarceration by any
government authority.
Local laws may require you to carry evidence of medical prescriptions from a qualified
physician.
HAZARDOUS MATERIALS
You are responsible for: (1) knowing, understanding, and complying with all applicable
laws in each jurisdiction in which you travel or transit regarding hazardous materials and
insecticides; and (2) confirming with your airline or other travel provider regarding your
itinerary and applicable rules.
All air passengers are prohibited by federal law from bringing hazardous materials aboard
aircraft in their baggage or on their person. Violations can result in imprisonment and
significant fines under the Transportation of Dangerous Goods Act, 1992 (S.C. 1992, c. 34).
Examples include explosives, compressed gases, flammable fluids and solids, oxidizers,
poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases,
oxygen bottles, lithium batteries, and radiopharmaceuticals. Special exceptions apply for
small quantities of medical and toilet articles carried in your baggage and on your person.
Restrictions on hazardous materials are listed at: https://tc.canada.ca/en/aviation. Some
foreign airports require treatment of passenger cabins with insecticides prior to or during
flights. Transport Canada lists such requirements at: https://tc.canada.ca/en/aviation.
LIMITATION OF LIABILITY
We arrange Travel Services, which are provided and controlled by Suppliers who are
separate from and independent of us.
We have no management or control over Suppliers, including their staff, representatives,
facilities, equipment, products, or services. Suppliers have sole responsibility and liability
to you for their respective Travel Services.
We make no representation or warranty, express or implied, regarding the pricing, value,
quality, suitability, fitness, safety, non-infringement, or provision of: (1) Travel Services,
which are provided by Suppliers; or (2) Booking and other services that we may provide to
you, which we provide “as is.”
We have no liability to you for any claim of damage or loss arising from any act or
omission, negligent or willful, of any Supplier, Traveller, or other third party, including: (1)
any damage to or loss of property; (2) any physical, emotional, or mental injury or death;
(3) any cost, inconvenience, disruption, or delay; (4) any cancellation, bankruptcy, or
cessation of operations; and (5) any misrepresentation or criminal act.
We have no liability to you for any indirect, incidental, consequential, punitive, exemplary,
or special damages under contract, tort, or other claim of liability, even if we become
aware of the possibility of such damages.
If any decision-making authority awards you damages against us in law or equity, those
damages will be limited to the total commissions we collect for making Bookings for you
for the Trip during which the damages arise.
Our entire liabilities are as stated in these Terms. All other representations and warranties
—express or implied, by statute, law, or otherwise—are excluded.
This section will survive termination of these Terms.
INDEMNITY
You agree to indemnify and hold harmless Agency and its owners, directors, employees,
contractors, agents, representatives, advisors, successors, and assigns from all third-party
claims, damages, and costs, including attorney’s fees and legal costs, arising from: (1)
these Terms or Travel Services, including the claims of any Traveller on behalf of whom
you sign and accept these Terms; or (2) any act or omission relating to these Terms or
Travel Services by you or any Traveller on behalf of whom you sign and accept these
Terms.
This section will survive termination of these Terms.
FORCE MAJEURE
No failure or delay in the performance of any obligation under these Terms will be a
breach if that failure or delay arises from a force majeure.
“Force majeure” means: (1) governmental actions; (2) fires, floods, storms, pandemics,
epidemics, or other acts of God or nature; (3) wars, terrorism, insurrections, riots, or
strikes; (4) failures of water, power, or communications utilities; or (5) any other cause
beyond the reasonable control of either Party.
If either Party’s performance is prevented or delayed by a force majeure, it will promptly
notify the other Party of the circumstances and provide an estimate of impacts. Upon
clearance of the force majeure, the Party will promptly resume performance.
Unless otherwise required by applicable law: (1) Agency is not liable to you and will not
provide any refunds caused by delay or non-performance under these Terms if the delay
or non-performance is due to any force majeure; and (2) if Agency or any Supplier is
affected by a force majeure, it may, in its discretion, vary or cancel any itinerary or
arrangement in relation to your travel without notice. In such case, you will remain
responsible, financially and otherwise, for all alternative travel arrangements.
GENERAL
Amendments. These Terms may be amended only in writing by Agency.
Assignment. You may not assign any right or obligation under these Terms without
Agency’s prior written consent, which will not be unreasonably withheld or delayed.
Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any
rights of you or Agency. No waiver of a right will operate as a waiver of any subsequent
right. No right is exclusive of any other right, and each right is cumulative.
Severability. If any part of these Terms is found unenforceable, that part will be enforced
to the fullest extent permitted by law and the remainder of these Terms will remain fully in
force.
Relationship of Parties. These Terms do not create an agent relationship, partnership, joint
venture, or employment relationship between or among the Parties. You have no authority
to bind Agency or incur any obligation on Agency’s behalf.
Discretion. While each Party acknowledges its duty of good faith and fair dealing, a Party’s
discretion means it may consider its own interests without considering the effect of its
decision on the other Party.
Notices. Notices under these Terms will be in writing and deemed given when sent receipt
confirmed to the receiving Party’s email or other address provided under these Terms for
purposes of notice.
Acceptance. You may confirm acceptance of these Terms in writing, digitally, or
electronically, including by clickwrap, sign-in-wrap, or other active or passive electronic
confirmation. Any counterparts created will constitute a single original document.
Conflicts. If any conflict arises between Supplier terms and these Terms, the Travel Client
Agreement, or Trip Documentation, the Supplier terms will control. If any conflict arises
between these Terms and the Travel Client Agreement or the Trip Documentation, these
Terms will control.
Interpretation. The Parties intend that: (1) headings will not be used to interpret these
Terms; (2) the words “include” and “including” are without limitation; (3) no text will be
construed against either Party as author; and (4) all text is conspicuous.
Termination. Upon termination of these Terms, each Party’s rights and obligations will
cease immediately, but termination will not affect: (1) either Party’s rights and obligations
accrued but unsatisfied at termination; or (2) any provision of these Terms expressed to
survive termination or by a reasonable reading of its context will survive its termination.
Governing Law. These Terms are governed exclusively by the laws of Alberta without
regard to conflict-of-laws principles of any jurisdiction.
Dispute Resolution. If any dispute arises under these Terms, the Parties will use all
reasonable efforts to resolve the dispute through informal direct communications.
Courts. If the Parties are unable to resolve a dispute through informal direct
communications within 60 days following a Party’s notice of dispute sent to the other
Party, any claim arising from these Terms will be resolved exclusively by the provincial or
federal courts located in Alberta, which neither Party will challenge based on forum non
conveniens or similar doctrine. Neither Party will bring any legal action against the other
Party as any part of a class, group, representative, or private attorney general action.
Equitable Relief. Either Party may seek injunctive or other equitable relief to remedy any
actual or threatened breach of these Terms.
Language. Les Parties ont convenu que ces Termes, ainsi que tous les autres documents
relatifs au ces Termes, ne soient rédigés qu’en anglais. The Parties have agreed that these
Terms, as well as all other documents relating to these Terms, will be prepared and signed
only in English.
Further Assurances. Each Party will perform additional acts as necessary to effect these
Terms. The Parties will address together in good faith any unforeseen issues that arise
from these Terms with a view to mitigating any material adverse impact on either Party.
Entire Agreement. These Terms, which include the Travel Client Agreement, represent the
entire agreement and supersede all prior agreements between the Parties regarding their
subject matter, written or oral, express or implied.
𝐀𝐆𝐄𝐍𝐂𝐘 𝐈𝐍𝐅𝐎𝐑𝐌𝐀𝐓𝐈𝐎𝐍
𝐓𝐑𝐀𝐕𝐄𝐋 𝐕𝐈𝐏
(𝟕𝟖𝟎) 𝟕𝟔𝟎-𝟏𝟐𝟒𝟒
𝐓𝐈𝐂𝐊𝐄𝐓𝐈𝐍𝐆@𝐓𝐑𝐀𝐕𝐄𝐋𝐕𝐈𝐏.𝐂𝐀
𝐀𝐠𝐞𝐧𝐜𝐲 𝐝𝐨𝐞𝐬 𝐧𝐨𝐭 𝐨𝐩𝐞𝐫𝐚𝐭𝐞, 𝐚𝐧𝐝 𝐭𝐡𝐞𝐬𝐞 𝐓𝐞𝐫𝐦𝐬 𝐝𝐨 𝐧𝐨𝐭 𝐚𝐩𝐩𝐥𝐲, 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐫𝐨𝐯𝐢𝐧𝐜𝐞 𝐨𝐟 𝐐𝐮𝐞𝐛𝐞𝐜.
© 𝟐𝟎𝟐𝟓 𝐓𝐫𝐚𝐯𝐞𝐥 𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐲 𝐒𝐨𝐥𝐮𝐭𝐢𝐨𝐧𝐬