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The Discoveries Collection follows your dreams to faraway lands. Tours include the land portion and give you free rein to choose which airline will take you to your destination. We’ve simply added on the airport-hotel transfers, so that you’re prepared to dive into these awe-inspiring adventures.
The purchase of packages, guided tours, flights, cruises, car rentals and hotels rooms (hereinafter referred to as the “Services”) offered by Transat Tours Canada Inc. operating as Transat (“TRANSAT”) constitutes a contract between you (the “Customer” or “Customers”) and TRANSAT, which includes namely the terms and conditions described hereinafter. Please ensure you carefully read and fully understand these terms and conditions prior to booking.
DESCRIPTION OF SERVICES AND PRICES
TRANSAT has put forth all necessary efforts to ensure that the information in the Guided Tours 2015-2016 brochure (thereafter called the “brochure”), on the date of publication and posted on our website www.transat.com, is accurate. However, changes to the Services, descriptions, prices and terms and conditions can take place at any time after publication of this brochure, namely to add new services, correct any errors or omissions or for several reasons beyond our control. These changes will be made on www.transat.com or through notices to travel agents. If there is any discrepancy between the terms and conditions of the brochure in paper format and those on www.transat.com, the terms and conditions appearing on our website shall prevail. Therefore, please contact your travel agent or visit www.transat.com to verify if any such changes or additions have been made prior to booking.
Packages and guided tours described in this brochure or on www.transat.com include, unless indicated otherwise, roundtrip airfare from your selected departure city, roundtrip airport/hotel transfers at destination, accommodation according to the length of the stay, the plan and category selected, and, if applicable, other service offerings related to such packages or guided tours, and hotel service charges (unless otherwise indicated).
Cruises include, unless otherwise indicated, shipboard accommodation according to the cabin category selected, on-board meals and most shipboard entertainment and activities.
Hotel rooms include accommodation according to the length of the stay, the plan and room category selected and all hotel charges (unless otherwise indicated).
The Services do not include personal expenses, tips, telecommunication fees and any other services or activities that are not specifically described in the brochure. Certain cruise lines may, in certain circumstances, require the payment of a fuel surcharge.
If flights are operated by an air carrier other than Air Transat, please contact your travel agent directly in order to enquire about their applicable terms and conditions.
In most countries, free WiFi service is generally available in the rooms and public areas of many hotels and/or buses used in the guided tours. WiFi, if available on buses, is offered by means of a cellphone network, thus providing a less reliable and slower connection; therefore, service may not always be available. WiFi is not available on the buses providing transfers and local services. For additional information, please visit our website at www.transat.com.
Certain guided tours are offered with guaranteed departure dates. Such guaranteed departures may occur only if a minimum number of participants have booked these guided tours (the minimum number of participants may vary depending on the guided tour selected) in order for TRANSAT to offer them at the prices indicated. In the event that the minimum number of participants for a guided tour with a guaranteed departure date is not met, TRANSAT may cancel the guided tour and offer the customer another guided tour or a full refund, the customer hereby renouncing to any recourse it may have against TRANSAT as a result of this cancellation.
Prices are established according to the prices of the suppliers, the exchange rate, fuel costs, taxes and other fees in force at the time of publication of this brochure and are subject to change without notice. In this regard, please consult your travel agent or visit www.transat.com. Unless otherwise indicated, all prices are quoted in Canadian dollars (CA $) on a per person basis and include applicable provincial sales taxes and the federal goods and services tax, governmental and airport fees and duties, local airport taxes at destination, tourist card fees and service fees, but exclude the contribution of $1 per $1,000 of Services purchased, representing the contribution to the Compensation Fund for Customers of Travel Agents, applicable to Quebec residents only.
The airfare used to establish the prices for the packages and guided tours is the most advantageous fare available with the air carrier selected by TRANSAT on the day of publication of this brochure, for flights from the Canadian gateway to the chosen destination during the dates of travel. The aircraft seats at such fares are therefore subject to availability and may no longer be available at the time of booking of the package or the guided tour. Accordingly, the prices of the packages and guided tours appearing on this website may increase due to the unavailability of seats in this particular fare category, further to the imposition of a fuel surcharge or a price increase by the air carrier after their posting on the publication of this brochure.
Price reductions resulting from a promotion or a decision by TRANSAT are applicable to new bookings only. TRANSAT also reserves its right to refuse any booking made at an erroneous price.
For Services booked through a travel agent licensed in Quebec, prices may be increased in the event of the imposition of a fuel surcharge by the carrier or an increase in the exchange rate, insofar as the exchange rate applicable 45 days before the date on which the Services are provided has increased by more than 5% since the date of the reservation. If the increase, without taking into account any increase in the Quebec sales tax or the federal goods and services tax, is equal to or greater than 7% of the price of the Services, the Customer may choose between full and immediate reimbursement of the Services or the provision of similar services of the same price. Otherwise, the difference in price shall be borne by the Customer; no price increase may occur within 30 days preceding the date on which the Services must be provided.
For Services booked through a travel agent registered in Ontario, except if paid in full, the total price of the Services may be increased. If the cumulative increase, without taking into account any increase in the retail sales tax or the federal goods and services tax, is more than 7%, the Customer has the right to cancel the booking (and obtain a full refund of the Services) or opt for comparable alternate services acceptable to the Customer, as long as the price of the alternate Services corresponds to the price of the original Services. Otherwise, the difference in price shall be borne by the Customer.
DEPOSIT, PAYMENT AND TRANSMISSION OF TRAVEL DOCUMENTS
Any reservation of Services made more than 45 days prior to the date of departure must be accompanied by a deposit in the amount of:
• $500 per person for a package, cruise or guided tour
• $1,000 per person for a cruise with an extension in Victoria Falls or a guided tour with a cruise in the Galapagos Islands
Certain conditions may apply for airlines other than Air Transat.
Unless otherwise indicated, final payment must be received by TRANSAT at least 45 days prior to the date of departure. The final payment date for a guided tour with a cruise in the Galapagos islands is 60 days prior to the date of departure. Reservations made less than 45 days prior to the date of departure must be accompanied by payment in full. Connecting flights and travel insurance premiums are payable in full at the time of booking.
If final payment is not received within the required period, TRANSAT reserves the right to cancel any such reservations and charge cancellation fees without prior notice and without recourse by the Customer. The applicable cancellation fees are described in the “Cancellation Fees” section included at the end of these terms and conditions.
Airline tickets and other travel documents will only be delivered or transmitted electronically to the travel agent once TRANSAT has received payment in full for the Services. For reservations made less than 7 days before departure, travel documents will be transmitted electronically, unless otherwise indicated. It is the responsibility of the Customer and of the travel agent to ensure that the information appearing on the airline tickets, vouchers and other travel documents is accurate and consistent with the reservation.
PAYMENT BY CREDIT CARD
Verbal or written authorization given by the Customer to the travel agent for the use of a personal credit card number constitutes a confirmation of the reservation, the acceptance of the present terms and conditions and the authorization to pay the deposit and/or the purchase of Services, as the case may be. However, upon request by the travel agent or TRANSAT, the Customer may be required to provide written confirmation that the credit card may be used without a signature. Once a credit card number has been provided to TRANSAT to guarantee a reservation, the travel agent becomes responsible for payment and must keep a signed copy of the Customer’s authorization on file.
The promotions apply only to the guided tours and cruise packages described herein and are subject to any applicable restrictions. TRANSAT reserves the right to modify the conditions or to withdraw any promotion at any time without notice. Unless otherwise indicated, these promotions are based on double occupancy.
FLIGHTS AND AIR, SEA AND GROUND TRANSPORTATION
Changes: Flights are operated in accordance with the applicable tariff of the air carrier and pursuant to regulations set out by the Canadian Transportation Agency. All such flights and rates are also subject to approval by the relevant government authorities. Consolidations and changes in the published schedule, aircraft type, days of operation, air carrier providing air transportation, and flight itinerary may be undertaken at any time and without prior notice, in accordance with the air carrier’s tariff.
Schedule Check and Connecting Flights: Flight schedules, even when they appear on an airline ticket, are subject to change without notice. These flight schedules may be altered or affected by various circumstances over which the air carrier or TRANSAT has no control. Any Customer having purchased a package or a flight from TRANSAT is entirely responsible for verifying the flight schedule with the air carrier and/or TRANSAT’s representative during the 24-hour period immediately preceding the departure and/or the return flight. TRANSAT undertakes to notify Customers reasonably in advance through means it deems appropriate of any schedule changes resulting in the advancement or delay of the flight departure time or in case of any flight cancellation. Customers who book connecting flights have the responsibility to allow themselves sufficient time to make their connection. TRANSAT will not be liable for any change of schedule or a missed flight connection, including any additional costs incurred and special, incidental or consequential damages (including namely the loss of revenues or salary and the loss of vacation days) arising from the foregoing.
Airport Check-In: It is recommended that Customers arrive at the airport check-in counter at least 3 hours prior to departure, failing which their reservation may be cancelled and their seat assigned to another customer, with no right of recourse.
Seat Assignment: With the exception of Air Transat, who offers advance seat selection, no other air carrier selected by TRANSAT offers this service considering the applicable air tariff. For these other air carriers, seat assignment will be handled by an agent at the airport check-in counter.
Seat Assignment by Air Transat: If in the event of the loss or unavailability of confirmed Club Class seats with Air Transat further to the change of aircraft type, air carrier, or flight consolidation, the refund by TRANSAT of the amount paid for Club Class seats or a similar upgrade shall be deemed complete and final settlement.
Baggage: Air carriers have individual rules and regulations with respect to baggage weight, size and amount. Also, the baggage allowance granted by air carriers may vary depending on the city of departure or return of a flight. Customers must consult their travel agent or air carrier for applicable restrictions. Baggage lost or damaged while boarding or disembarking a ship must be reported to the purser’s office prior to the ship’s departure from port or prior to leaving the local customs area. Baggage and property are transported, stored and handled at owner’s risk at all times.
Dangerous Goods in Checked or Carry-on Baggage: It is recommended that Customers consult Transport Canada’s website (www.tc.gc.ca) prior to travel to determine if any restrictions apply to goods contained in their checked or carry-on baggage or carried on their person that may pose a danger if carried by air.
Other Applicable Conditions and Limitation of Liability of the Air Carrier: Air transportation and claims relating to the loss of and damage to baggage are governed by the Montreal Convention or the Warsaw Convention, as the case may be, the applicable tariffs of the air carrier as well as the conditions of contract appearing on the airline ticket and baggage check, and are subject to all applicable government regulations that establish the limit of the air carrier’s liability. Once filed with and approved by federal regulatory authorities, any amendments or changes to the applicable air carrier’s general terms and conditions of carriage are not subject to additional public notice and are legally binding. Unused portions of tickets may not be used for travel on other flights and may be subject to a partial refund of certain taxes and fees upon request according to Transat’s terms and conditions.
Refusal to Transport – Removal of Customer: TRANSAT shall not be held liable for its or another air carrier’s refusal to transport Customers caused by one of the following circumstances: failure of the Customer to present himself/herself for an outbound flight (no show), for safety reasons, invalid, missing or improper travel documentation, to prevent the violation of any applicable law or to prevent any hazard or risk to such Customer, to any other person or property, or to the flight.
This section also applies, with such applicable modifications as the circumstances may require, to maritime transportation (ships or ferries) and ground transportation.
Pursuant to the laws of the country (province or state) which is visited, a Customer that is a minor must be accompanied by a parent or a legal guardian that is over the legal age in such country (province or state) and share the same room or cabin. Air navigation regulations adopted by Transport Canada allow infants under 2 years of age (at date of completion of travel) to travel at reduced prices provided they do not occupy a seat (the purchase of a tourist card may be required for certain destinations). A flight reservation must be made for this purpose and no meal service is provided. Please contact the air carrier to enquire about the applicable conditions and fees for the transportation of unaccompanied minors.
TRANSAT highly recommends the purchase of travel insurance at time of booking to cover against unexpected events, namely trip cancellation, damage or loss of luggage, and insurance covering medical and hospitalization costs abroad. Consult your travel agent or visit www.transat.com for more information.
A valid Canadian passport is the only reliable and universally accepted evidence of Canadian citizenship and is required to travel everywhere and at all times outside of Canada. Certain countries require that passports be valid for 6 months beyond the date of return to Canada. It is the full responsibility of the Customers to obtain, at their own expense, all necessary travel documents required by all relevant government authorities, including all ports of call, and to comply with the various laws thereof. Canadian citizens born in certain countries may require a visa in addition to a valid passport. A permanent resident card is required for permanent residents/landed immigrants who are not Canadian citizens. Minors travelling with only one parent or legal guardian may have to obtain an affidavit signed by the other parent authorizing the child to travel.
The Customer is responsible for obtaining the required travel documents, and must have the necessary documents in hand prior to departure. For more information on required travel documents, please consult www.travel.gc.ca. A Customer who fails to provide the required documents may be denied boarding privileges by the carrier or relevant authorities, without further recourse or the possibility of a refund. Entry to another country may also be refused even if the required information and travel documents are complete. No refund or replacement will be given for lost or stolen travel documents. TRANSAT shall not be liable for any aid or information given by its employees or the travel agent in connection with obtaining any necessary travel documents or complying with any laws, whether given verbally, in writing or otherwise, or for the consequences suffered by any Customer resulting from failure to obtain such documents or to comply with such laws.
Certain events are part of normal unpleasant occurrences which can happen when travelling abroad. The Customer realizes this possibility, solely assumes the consequences thereof and agrees that TRANSAT cannot be held responsible for any damages owing to such occurrences.
Living Standards: Customers are asked to bear in mind and accept that living standards, religion, sanitary conditions, local practices and political systems at destination, and the conditions with respect to the provision of utilities, services and accommodations, may differ from those found in Canada.
Service Disruptions: Some services including local public water, electricity, air-conditioning, security measures, pools, beverage vouchers (when not mentioned in the brochure), restaurants, hot water and other services or benefits may be suspended or interrupted partially or completely during the Customer’s stay. Likewise, depending on the occupancy rate of hotels, à la carte dining may be replaced by buffet dining or vice-versa.
Food, Water and Beverages: The food, water and beverages served abroad may differ from North American standards and therefore may be the cause of health problems or illness. As such, TRANSAT cannot be held responsible for any health problems or illness resulting therefrom and the Customer is advised to take all necessary precautions.
Social and Sports Activities: Some social and sports activities, sports equipment, as well as entertainment organized by participating hotels or cruises and included in packages, are offered free of charge and, as such, do not impact the cost of the packages. These added benefits vary and are subject to change or cancellation at any time during the Customer’s stay without notice.
Insects: Insect life thrives in certain climates and makes no distinction between low, intermediate or higher-priced hotel accommodations.
Construction and Maintenance: To maintain the quality of services, hotel complexes must regularly undergo maintenance, improvement and renovation work and, in some instances, expansion. Whenever construction or renovation work likely to interfere with the use and enjoyment of any accommodation is brought to the attention of TRANSAT, every reasonable effort will be deployed to promptly notify Customers; however, TRANSAT cannot be held accountable for any inconvenience caused to them.
Holidays, School Breaks, Elections and Conventions: Certain inconveniences, such as cancellation or unavailability of some services, may arise when travelling during periods designated as school breaks, holidays, elections or conventions. Given that these periods vary according to the country and relevant authorities, it is practically impossible for TRANSAT to provide any indication of such dates. The Customer acknowledges and solely assumes the possible consequences of travelling during these periods.
Guides: TRANSAT retains the services of French or English-speaking local tour guides. Some guides may express themselves in a manner that could differ from the Customer’s, therefore requiring him/her to pay particular attention.
ROOM AND CABIN ALLOCATION
Hoteliers and cruise lines are solely responsible for room/cabin allocation, in accordance with the category reserved by the Customer. TRANSAT has no responsibility with respect to the location, décor, furnishings or type of bed in a room or cabin which may vary in accordance with the location of the room on the hotel premises or the cabin on the ship. Should a Customer choose to alter the room/cabin category upon arrival at destination, these changes may be made subject to availability and payment of additional fees. Please contact your TRANSAT representative at destination for any hotel room change or the Guest Relations Services Office on the ship for any cabin change.
CHECK-IN AND CHECK-OUT CONDITIONS
The Customer acknowledges and accepts that it is customary for hoteliers to request that occupants check in between 1 pm and 3 pm and check out by 11 am on the scheduled day of departure or by noon on the day immediately preceding an early night departure. The hotel will advise the Customer of the check-out time at the time of check-in. Whenever meals and/or drinks are included in the package, a Customer is eligible for these services from the time of check-in until the time of check-out.
CUSTOMERS REQUIRING CARE AND ASSISTANCE WHILE TRAVELLING
Customers requiring special care, assistance, attention or treatment must advise TRANSAT and the air carrier of any and all specific needs at the time of booking, in order to take appropriate measures for access to air transportation, hotel, cruise and guided tour accommodations.
CHANGES TO TRAVEL SERVICES BY TRANSAT
If Services are no longer available prior to the departure of the Customer or after arrival at destination, TRANSAT reserves the right to replace them with comparable Services, or, alternatively, to cancel them. If the replacement Services are of lesser value, TRANSAT’s liability shall be limited to the sole difference in cost. If the replacement Services are of greater value, the Customer will be required to disburse an amount equal to the difference between the price of the Services purchased and that of the replacement Services. The Customer will be entitled to refuse such replacements if they occur prior to departure. In such a case and in the event of a cancellation, TRANSAT’s liability shall be limited to the reimbursement of the price of Services paid by the Customer.
Itineraries and times described in this brochure or on www.transat.com are for reference only and are subject to change. The ship, itinerary, tour, accommodation or means of transportation are subject to change without notice. Cruise lines, local tour operators and guides reserve the right to alter or substitute alternative itineraries with or without prior notice to the Customer, such decisions being final and without any recourse against TRANSAT.
CHANGE AND CANCELLATION FEES
In certain circumstances, TRANSAT or the supplier will allow that a change be made to the reservation by the Customer. If such change is not allowed or the Customer chooses not to travel or use the Services purchased, the applicable cancellation fees for the Services will apply. Please consult the section at the end of the terms and conditions that describes the applicable change and cancellation fees.
Statement to the Travel Agent: Customers are responsible for advising their travel agent of their intentions, expectations and needs, as they relate to the proposed travel, before the reservation is completed.
Health: Customers whose physical condition so requires, must ensure that they have a sufficient quantity of any required medication, and that such medication be stored in their hand luggage at all times. Customers must also consult competent medical authorities prior to departure about preventive medical measures to be taken as regards to the countries to be visited. The Customer is responsible for ensuring that they are fit to travel. As certain guided tours may be physically strenuous, it is the Customer’s responsibility to seek information prior to booking.
Pregnancy: Cruise lines will not accept passengers who will have entered their 24th week of pregnancy by the time travel concludes. Air carriers may also refuse pregnant Customers for whom air travel may involve a risk to themselves or their unborn children. In these cases, a medical certificate establishing the due date and fitness to travel may be required prior to departure. Please consult your travel agent for more information regarding the air carrier’s or cruise line’s policy.
Sports and Activities: Descriptions of sports and other activities contained in this brochure or on www.transat.com are provided for information purposes only and are not meant to incite Customers to participate in them in any way. TRANSAT cannot be held responsible for any accident or mishap occurring at destination during the practice of any sport and/or activity in which Customers participate of their free will and initiative.
TRANSAT shall not be liable for any claim, loss or damage to a person or to property, cost, expense, inconvenience, loss of enjoyment or of time, disappointment or frustration, either mental or physical, resulting from any delay, cancellation, accident, illness, injury or death, due to:
• An act of God or force majeure or of a third party;
• A war, revolution, insurrection, riot, embargo, terrorism or act of terrorism, or any other unlawful act against public order or authority;
• A fire, flood, explosion, earthquake, volcanic eruption, epidemic, pandemic, quarantine, public health emergency, storm, lightning, hurricane, tornado, tropical storm or any other adverse weather conditions;
• An accident to or malfunction of an aircraft, ship or any equipment used in connection therewith, loss of or hijacking of an aircraft or a ship, or any shortage of or inability to provide labour, fuel or facilities;
• Any strike, lock-out, labour relations issue or other industrial disturbance whether involving TRANSAT employees, employees of its service providers or others upon whom TRANSAT relies;
• Any decision of any governmental authority or legislative body having jurisdiction in the circumstances, and whose action or inaction may affect the conduct of TRANSAT’s operations;
• Any default from a supplier upon whom TRANSAT relies for the performance of the whole or any part of the Services described and provided herein;
• Any other occurrences beyond the reasonable control of TRANSAT, whether actual, threatened or reported, which may interfere with the operations of TRANSAT or of its service providers.
EXCLUSION OF LIABILITY
TRANSAT makes arrangements with air carriers, cruise lines, hotels, local tour operators and other independent parties to provide the Customer with Services. Although TRANSAT takes care in selecting its service providers, it has no control over them and cannot be held responsible for their actions, omissions, fault or negligence, or that of their employees or sub-contractors, nor for any loss or damages suffered as a result thereof. Services provided are subject to the conditions imposed by the service providers and their liability is limited by their tariffs, conditions of carriage, tickets, vouchers, international conventions and agreements. The present terms and conditions of this section shall extend to and benefit all of the mandatories, agents and employees of TRANSAT.
The Customer may want to participate in optional excursions, guided tours and activities (collectively, the “excursions”) that may be offered by TRANSAT on behalf of local suppliers for an additional fee. These excursions are purchased at the Customer’s sole risk, and TRANSAT shall not be held liable for the quality or safety of such excursions that are organized and conducted by a third party supplier and subject to security standards and norms that may differ from those in the country of origin of the Customer. Any written or verbal contract and representation for such excursions shall be deemed to have been made between the Customer and the supplier of such excursions and shall be undertaken at the Customer’s own risk of loss, damage or injury. TRANSAT shall not be liable in any manner for any complaints or claims that may arise as a result of participation in any such excursions.
TRANSAT protects the confidentiality of the personal information of its customers in accordance with applicable laws.
COMMENTS AND CLAIMS
Should a Customer require assistance to remedy any problem at destination, the Customer must immediately contact the TRANSAT representative. When the Services do not include the services of a TRANSAT representative, the Customer must either contact the local representative, tour guide, hotel manager or the on-board purser, or contact TRANSAT directly at the following email address: email@example.com. If a problem cannot be resolved or dealt with immediately, the Customer is requested to forward his/her comments or claim in writing to his travel agent or to TRANSAT within 30 days of the date of return.
This contract is deemed to be executed and governed by the laws of the province in which the Canadian gateway city is located. The voiding of one or other of the clauses hereto shall neither annul nor invalidate these terms and conditions.
Any cancellation for any reason whatsoever entails the payment of the following fees (per person) according to the Services booked or purchased:
A) All Services (excluding the guided tour with a cruise in the Galapagos islands)
46 days or more prior to departure: amount of the deposit
45 to 22 days prior to departure: 50% of the total cost of Services (including taxes and fees)
21 days or less prior to departure: 100% of the total cost of Services (including taxes and fees)
B) Guided tour with a cruise in the Galapagos islands
61 days or more prior to departure: amount of the deposit
60 days or less prior to departure: 100% of the total cost of Services (including taxes and fees)
CHANGES AND APPLICABLE FEES
Change of name or passenger: Such change is not allowed and will be considered as a cancellation, thereby entailing the applicable cancellation fees.
Change to the hotel room or cabin occupancy: Such change is allowed before the final payment date, subject to availability and the payment of certain fees. The price shall be adjusted according to the new hotel room or cabin occupancy; payment of such price adjustment must be made at the time of such change. A change to the room/cabin occupancy after the final payment date is not allowed and will be considered as a cancellation.
Changes after the departure date: In the event that TRANSAT and the supplier, at their sole discretion, deem a change possible, such change may be made subject to the payment of additional fees.
Any other change: Please consult your travel agent.
Printed in Canada on Sept. 14, 2015 .
Transat Tours Canada Inc. is doing business as Transat, a registered travel wholesaler in Ontario and a member of ACTA Canada. and is registered as a travel agent in Quebec (Reg. no. 754241), a travel wholesaler in Ontario (Reg. no. 50009486) and a travel agent/wholesaler in British Columbia (Reg. no. 2454) with offices at Place du Parc, 300 Léo-Pariseau Street, Suite 2410, Montreal, Quebec H2X 4C2 | 191 The West Mall, Suite 800, Etobicoke, Ontario, M9C 5K8 | 1090 West Pender Street, Suite 1110, Vancouver, British Columbia, V6E 2N7.
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