| The following Booking Conditions form the basis of your contract with
Can Am Travel Limited trading as Canada 4 U. Please read them carefully
as they set out our respective rights and obligations.
In these Booking Conditions, "you" means all persons named
on the booking (including anyone who is added or substituted at a later
date). "We" means Canada 4 U.
1. MAKING YOUR BOOKING
Your completed signed booking form must be sent to us together with the
payments referred to in clause 2 below.
Once we have received your booking form and all appropriate payments,
we will, subject to availability, confirm your holiday by issuing a confirmation
invoice. This invoice will be sent to you or your travel agent. Please
check this invoice carefully as soon as you receive it. Contact us immediately
if any information which appears on the confirmation or any other document
appears to be incorrect as it may not be possible to make changes later.
We regret we cannot accept any liability if we are not notified of any
inaccuracies in any document within 10 days of our sending it out (5 days
for tickets).
2. PAYMENT
In order to confirm your chosen holiday, the appropriate deposit per person
(or full payment if booking 8 weeks or less before departure) must be
paid at the time of booking. If you wish to purchase the insurance policy
we offer, all applicable premiums must also be paid at the time of booking
(you must be insured - see clause 7). The balance of the holiday
cost must be received by us not later than 10 weeks prior to departure.
This date will be shown on the confirmation invoice. Reminders are not
sent. If we do not receive all payments due (including any surcharges
where applicable) in full and on time, we reserve the right to treat your
booking as cancelled by you. In this case the cancellation charges set
out in clause 6 below will be payable.
All monies you pay to one of our authorised travel agents for your holiday
with us will be held by the agent on your behalf until we issue our confirmation
invoice. After that point, your agent will hold the monies on our behalf.
3. YOUR CONTRACT
A binding contract between us comes into existence when we despatch our
confirmation invoice to you or your travel agent. This contract and all
matters arising out of it are governed by English law. We both agree that
any dispute claim or other matter which arises out of or in connection
with this contract or your holiday will be dealt with under the ABTA Arbitration
Scheme (see Clause 13) or by the Courts of England, Scotland, Wales and
Ireland.
Changes to these Booking Conditions will only be valid if agreed by one
of our directors in writing.
4. THE COST OF YOUR HOLIDAY
We reserve the right to increase or decrease the prices of unsold holidays
at any time. The price of your chosen holiday will be confirmed at the
time of booking. The price of your booked, confirmed holiday is fully
guaranteed and will not be subject to any surcharges.
General Sales Tax (G.S.T.) - There will be no refunds of G.S.T.
5. CHANGES BY YOU
Should you wish to make any changes to your confirmed holiday, you must
notify us in writing as soon as possible. Where we can meet a request,
an amendment fee of £25 per person will be payable together with
any costs or charges incurred or imposed by any of our suppliers. Changing
dates or numbers traveling may have to be treated as a cancellation and
subsequent rebooking. No changes can be made within 48 days of departure
- any change requested within this period of time will be treated
as a cancellation. For all deemed cancellations, the cancellation charges
set out in clause 6 will be payable.
If any member of your party is prevented from traveling, that person
may transfer their place to someone else (introduced by you) providing
we are notified not less than two weeks before departure. All costs and
charges incurred or imposed by any of our suppliers as a result of the
transfer together with an amendment fee of £25 per person must be
paid before the transfer can be affected.
6. CANCELLATION BY YOU
Should you or any member of your party need to cancel your chosen holiday
once it has been confirmed, the party leader must immediately advise us
in writing. Your notice of cancellation will only be effective when it
is received in writing by us at our offices. As we incur costs from the
time we confirm your booking and may be unable to re-sell your holiday,
the following cancellation charges will be payable. Where the cancellation
charge is shown as a percentage, this is calculated on the basis of the
total cost payable by the person(s) cancelling excluding insurance premiums
and amendment charges. Insurance premiums and amendment charges are not
refundable in the event of the person(s) to whom they apply cancelling.
The following table shows the charges for cancellation of "ground
arrangements". If you cancel a flight up to 2 weeks before your
due departure date, you will be liable for 50% of the cost, and if you
cancel it two weeks or less before your due departure date you will be
liable for 100% of the cost. An administrative fee of £15 per person
must also be paid.
Period before departure within which written notification of
cancellation is received by us
|
Cancelling charge
per person cancelling
|
More than 56 days |
Deposit only |
35 - 56 days |
50% |
15 - 34 days |
75% |
Rocky Mountaineer Train - 30 days or less |
100% |
14 days or less |
100% |
Departure date or after |
100% |
Cancellation of one way motorhome bookings is subject to a charge of
£250 in addition to the charges listed above. Cancellation of Connoisseur
Tours and Via Rail tickets will be subject to the conditions of the operators
concerned.
Depending on the reason for cancellation, you may be able to reclaim
these cancellation charges (less any applicable excess) under the terms
of your insurance policy. Claims must be paid directly to the insurance
company concerned.
7. INSURANCE
We consider adequate travel insurance to be essential. You can purchase
suitable insurance from Canada 4 U. If you decide not to purchase Canada
4 U's insurance, you must give details of your alternative policy
(insurer and policy number) on our booking form. If
you fail to do so, we will add the appropriate premiums for the personal
travel insurance we offer to your confirmation invoice. These premiums
must be paid as soon as possible as cover will not be effective until
we receive all applicable premiums in full.
Please read your policy details carefully. It is your responsibility
to ensure that the insurance cover you purchase is adequate for your particular
needs. We do not check alternative insurance policies.
8. CHANGES AND CANCELLATION BY US
We start planning the holidays we offer many months in advance. Occasionally,
we have to make changes to and correct errors in brochure and other details
both before and after bookings have been confirmed and cancel confirmed
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bookings. Whilst we always endeavour to avoid changes and cancellations,
we must reserve the right to do so, in the best interests of your holiday.
However, we promise we will only cancel your confirmed booking less than
8 weeks before departure where you have failed to make all payments due
in full and on time or where we are forced to do so as a result of circumstances
outside our control (a strike, for example). We will not cancel after this
date for any other reason.
If we have to make a significant change or cancel, we will tell you or
your travel agent as soon as possible. If there is time to do so before
departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to
that originally booked if available (if the chosen alternative is less
expensive than your original one, we will refund the difference but if
it is more expensive, we will ask you to pay the difference)
or
(c) cancelling or accepting the cancellation in which case you will receive
a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made
is a minor one. If we have to make a significant change or cancel 8 weeks
or less before departure, we will pay you compensation subject to the
following exceptions. Compensation will not be payable and no liability
beyond offering the above mentioned choices can be accepted where we are
forced to make a change or cancel as a result of unusual and unforeseeable
circumstances beyond our control, the consequences of which we could not
have avoided even with all due care. No compensation will be payable if
we cancel as a result of your failure to make all payments due in full
and on time.
Period before departure a significant
change or cancellation is notified to you
or your travel agent |
*Compensation per fare paying person (excluding infants) |
| More than 8 weeks |
NIL |
| Within 8 weeks |
£15 |
| Within 6 weeks |
£25 |
| Within 4 weeks |
£35 |
| Within 2 weeks |
£50 |
*Compensation for a cancellation or significant change affecting an accommodation
only booking will be limited to £10 per room where notified 56 days
or less before the arrival date at the accommodation.
In all cases, our liability for significant changes and cancellations
is limited to offering you the above mentioned options and, where applicable,
compensation payments. We regret we cannot pay any expenses, costs or
losses incurred by you as a result of any change or cancellation. No compensation
is payable for minor changes or where we make a significant change or
cancel more than 8 weeks before departure.
9. FORCE MAJEURE
We regret we cannot accept liability or pay any compensation where the
performance or prompt performance of our contractual obligations is prevented
or affected by "force majeure". In these Booking Conditions
"force majeure" means any event which we or the supplier of
the service(s) in question could not, even with all due care, foresee
or avoid. Such events may include war or threat of war, riot, civil strife,
terrorist activity, industrial dispute, natural or nuclear disaster, adverse
weather conditions fire and all similar events outside our control.
10. OUR LIABILITY TO YOU
(Please note clauses 10(1) and 10(2) do not apply to accommodation
only/ground arrangements only bookings)
(1) We make every effort to ensure that all arrangements are made correctly
and efficiently. We accept responsibility if any of the services which
we have agreed to provide for you as part of our contract with you prove
deficient or not of a reasonable standard. We also accept responsibility
for what our employees, agents, suppliers and sub-contractors do or do
not do (providing that they were at the time carrying out work authorised
by us) except where death, personal injury or illness results (dealt with
separately below). This acceptance of responsibility is, however, subject
to clause 9 "force majeure" and the other terms of these Booking
Conditions.
(2) Subject to these Booking Conditions, we accept responsibility should
you or any member of your party suffer death, personal injury or illness
as a result of any failure to perform or improper performance of any part
of our contract with you by any of our employees, agents, suppliers or
sub-contractors (providing they were at the time carrying out work authorised
by us) except in the following situations. We will not be liable where
any failure to perform or improper performance was due to:-
(a) The acts and/or omission(s) of the person(s) affected or
(b) Those of a third party not connected with the provision of your holiday
and which were unforeseeable or unavoidable or
(c) an event which either ourselves or the supplier of the service(s)
in question could not have foreseen or avoided even with all due care.
(3) Where we are found liable for loss of and/or damage to any luggage
or personal possessions (including money), the maximum amount we will
have to pay you is £25 per person affected as you are assumed to
have taken out adequate insurance at the time of booking. Please also
see clause 10(5) below.
(4) It is a condition of the acceptance of liability set out in clauses
10(1) and 10(2) of these Booking Conditions that you notify us of any
claim you and/or any member(s) of your party has in accordance with clause
12 Complaints and problems.
(5) Except where otherwise expressly stated in these conditions, where
any claim or part of a claim concerns or is based on any travel arrangements
(including the process of getting on and off the transport concerned)
provided by a sea, rail or road carrier or any stay in a hotel, the maximum
we will have to pay you in respect of that claim or that part of a claim
if we are found liable to you on any basis is the maximum which would
be payable by the carrier or the hotel keeper concerned under the applicable
international convention (eg for carriers with an operators licence granted
by an EU country, Athens Convention for international travel by sea) in
that situation. You must give credit for all payments due or received
from any carrier or hotel keeper which in any way relate to the claim
in question.
11. INJURY, ILLNESS OR DEATH NOT RESULTING FROM THE HOLIDAY
ARRANGEMENTS
If you or any member of your party suffers illness, injury or death, through
misadventure, as a result of an activity which does not form part of your
contracted holiday arrangements, we will provide you with all reasonable
assistance. This assistance may include our making a contribution towards
your initial legal costs in taking action against the person(s) responsible
providing you request this within 90 days of the incident in question.
All assistance (financial or otherwise) is subject to our reasonable discretion
and a maximum total cost to ourselves of £5,000 per booking form.
If you are entitled to have any costs and expenses arising from such an
incident met by or from any insurance policy or if you obtain a costs
order against anyone in relation to the incident, you must repay to us
the costs and expenses we spend in assisting you. |
12. COMPLAINTS AND PROBLEMS
In the unlikely event that you have any reason to complain or experience
any problems with your holiday whilst away, you must immediately inform
our representative and the supplier of the service(s) in question. Any verbal
notification must be put in writing and given to our representative and
the supplier as soon as possible. Until we know about a problem or complaint,
we cannot begin to resolve it. Most problems can be dealt with quickly.
If you remain dissatisfied, however, you must write to us within 28 days
of your return to the UK giving your booking reference and full details
of your complaint. We regret we cannot accept liability in relation to any
complaint or claim which is not notified entirely in accordance with this
clause. 13. ARBITRATION
Disputes arising out of, or in connection with, this contract which cannot
be amicably settled may be referred to arbitration, if the customer so
wishes, under a special Scheme which, although devised by arrangement
with the Association of British Travel Agents, is administered quite independently
by the Chartered Institute of Arbitrators.
The scheme provides for a simple and inexpensive method of arbitration
on documents alone with restricted liability on the customer in respect
of costs. Full details will be provided on request. The Scheme does not
apply to claims for an amount greater than £5,000 per person. There
is also a limit of £15,000 per booking form. Neither does it apply
to claims which are solely or mainly in respect of physical injury or
illness or the consequences of such injury or illness. The rules of the
Scheme provide that the application for arbitration must be made within
nine months of the date of return from the holiday but in special circumstances
it may still be offered outside this period.
14. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by
independent suppliers. Those suppliers provide these services in accordance
with their own terms and conditions. Some of these terms and conditions
may limit or exclude the supplier's liability to you, usually in
accordance with applicable International Conventions (e.g. The Athens
Convention for International Travel over water). Copies of the relevant
parts of these terms and conditions are available on request from ourselves
or the supplier concerned.
15. SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you have any special request, you must advise us at the time of booking
and clearly note it on your booking form. Although we will endeavour to
pass any reasonable requests on to the relevant supplier, we regret we
cannot guarantee any request will be met. Failure to meet any special
request will not be a breach of contract on our part.
If you or any member of your party has any medical problem or disability
which may affect your holiday, please tell us before you confirm your
booking so that we can advise as to the suitability of the chosen arrangements.
In any event, you must give us full details in writing at the time of
booking.
16. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is the client's responsibility to ensure they are in possession
of the correct documentation and no liability can be accepted by Canada
4 U should anyone be denied permission to board because of incorrect documentation.
British citizens require a 10 year passport. There are currently no health
or visa requirements for travel to Canada. You should be aware that it
can take up to 2 months to get a British Passport, travel without which
will not be possible.
17. BROCHURE ACCURACY
Please note, the information and prices shows in this brochure may have
changed by the time you come to book your holiday. Whilst every effort
is made to ensure the accuracy of the brochure and prices at the time
of printing, regrettably errors do occasionally occur. You must therefore
ensure you check all details of your chosen holiday (including the price)
with us at the time of booking.
This brochure is our sole responsibility. It is not issued on behalf
of and does not commit any independent organisation/carriers whose services
are featured in it.
18. DELAY
We regret we are not in a position to offer you any assistance in the
event of delay at your outward or homeward point of departure.
19. ACCOMMODATION
Single rooms are very limited. Triple and quad generally refer to accommodation
in one room with two double beds. Clients must share beds.
20. UNUSED SERVICES
There will be no refund for any portion of a pre-packaged programme, hotel
night or car and motorhome which is not used by the client's, or
credit given for alterations made after date of departure.
21. ANIMAL WATCH (WILDLIFE OBSERVATION)
Irrespective of the name or nature of these tours, sightings cannot be
guaranteed.
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