Free & Easy Traveler Catalogue 2016/2017 | Page 39

39 1 . withdraw from the contract without incurring any penalty ; or 2 . accept the change of price . Tours operating in Canada are priced and advertised exclusive of Government taxes ( HST , GST , PST & QST ) and these taxes will be advised at time of booking and itemized on subsequent invoicing . 12 . VALIDITY The prices in this brochure and website are based on rates and costs in effect at time of printing the brochure or posting to the website . The Company reserves the right to alter prices at any time prior to tour been paid in full . The land price of the trip is guaranteed when paid in full , subject to any potential surcharges as stipulated in Section 11 . All dates , itineraries and prices are indicative only . 13 . FLEXIBILITY The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company . It is understood that the route , schedules , itineraries , amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events , which may include sickness or mechanical breakdown , flight cancellations , strikes , events emanating from political disputes , entry or border difficulties , extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever . 14 . CHANGES Changes made by the Company : While the Company will endeavour to operate all tours as advertised , reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company . If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure . The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary . If the major change is due to force majeure or unforeseen circumstances no compensation is payable . Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations . Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client . Where the Company has to make a major change to the Client ’ s holiday before departure in these circumstances the Company will notify the Client as quickly as possible so that the Client can take the decision : • whether to withdraw from the contact without penalty ; or • to accept the change and proceed with the tour . • Changes made by the Client : A transfer from one tour to another can only be made more than 30 days , before departure date and if approved by the Company . If such a request is accepted by the Company , the Company reserves the right to charge up to the deposit amount of the first booked tour . Any request to transfer received less than 30 days , before departure will not be accepted . In this case the Client must cancel the booking and then re-book on another tour . The Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons . Any such transfers will be regarded as cancellations and cancellation fees will apply . The Client may apply to have the name of the reservation altered by the Company more than 30 days , prior to departure . Name changes cannot be made 30 days or less before departure . Any name changes are subject to Company approval and applicable Administrative Fees . Package Travel is subject to different terms and conditions as defined in Section 27 . • Other Changes : Any changes to a file will depend on availability and will be on a request basis . Any extra costs incurred for making the change will be charged along with an Administrative Fee . No changes are permitted to your booking within 10 days of departure . 15 . AIRFARE Any tour does not include international air fare or any other flights unless mentioned in the inclusions . • Quotes : All quotes are in Canadian dollars , unless otherwise stated . The company will quote the best price available at the time of quoting for the travel dates requested . Quotes provide an indicative price only , and represent no price commitment by the Company . • Options : The Client may hold an option on a flight with the Company . This option guarantees the seat at the quoted price for the same business day . After close of business that day ( 5pm MST , Monday to Friday ) if the option is not confirmed , the option is deemed to have expired and is no longer valid . • Price changes : Until the tickets are issued , the Company reserves the right to change prices in the event of any price increase for any reason including , but not limited to , airfares wrongfully quoted due to system error , the price of fuel and / or currency fluctuations or government taxes or levies , or any other reasonable cause . • Full payment : Full payment must be received by the Company before the Option period expires to guarantee the reservation at quoted price . A guarantee of payment by the Client is an acceptance of the travel arrangements as requested at the total price quoted . Cancellation fees will apply if the Client subsequently decides to cancel after ticket has been issued . • Changes & cancellations : Unless otherwise stated , airline tickets are 100 % non-changeable and non-refundable once tickets have been issued . Changes made prior to ticket issuance may be applied at the Companies discretion , and will also have Administrative Fees applied . • Flight reconfirmation : The Company strongly recommends flight times and numbers be verified or reconfirmed at least 72 hours prior to departure . The Company is not responsible for any change to airline schedules or flight numbers after tickets have been issued . • Airline tickets : Once issued , all airline tickets are non-transferable and valid only for the dates and routings shown . If an airline ticket is lost , the client is responsible for the full cost of a new ticket and any changes that may occur in replacement . • Airline , airport or weather delays : The Company will not be held responsible for any additional expenses or loss that may arise from airline , airport or weather delays . The Company will not reimburse for any additional expenses incurred by the Client as a result . The company will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond its control . 16 . ACCEPTANCE OF RISK The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk . The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks . Prior to tour commencement , the Client may be asked to sign a participation form , with the following wording : “ I understand traveling with Free & Easy Traveler Inc . may involve risks ( and rewards ) above and beyond those encountered on a more conventional holiday , and that I am undertaking an adventure trip with inherent dangers . I understand I am traveling to geographical areas where , amongst other things , the standard of accommodation , transport , safety , hygiene , cleanliness , medical facilities , telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday . I have read and understood the Free & Easy Traveler Trip Details for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to Free & Easy Traveler representatives . I accept these risks and obligations and I fully assume the risks of travel and will have arranged the required medical travel insurance . OPTIONAL ACTIVITIES I understand during my trip there may be opportunities to undertake activities , which do not form part of the itinerary . I understand Free & Easy Traveler makes no representations about the safety or quality of the activity , or the standard of the independent operator running it . I also understand Free & Easy Traveler is in no way responsible for my safety should I elect to enter into such optional activities . With full knowledge of the above , I may still elect to partake in the activity , and if I do so , I assume full responsibility for any risks involved , and the waiver and release of the Releasees set out in the foregoing paragraph shall apply to such optional activities .” Accommodations , shuttle services or other elements of a Package will be arranged by the Company with local suppliers , who may themselves engage the services of local operators and / or sub- contractors . Standards of hygiene , accommodation and transport in some countries where excursions take place are often lower than comparable standards than what the Client may reasonably expect at home . The Company will at all times endeavour to appoint reputable and competent local suppliers . The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract . These may limit or exclude liability of the supplier . The liability of the Company will not exceed that of any supplier . Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier . In the event of a complaint by a Client , this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied , even if the laws of Canada have not been met . 17 . AUTHORITY ON TOUR At all times the decision of the Company ’ s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour . By booking with the Company , the Client agrees to abide by the authority of the tour leader or Company representative . The Client must at all times strictly comply with the laws , customs , foreign exchange and drug regulations of all countries visited . If the Client is affected by any condition , medical or otherwise , that might affect other people ’ s enjoyment of the tour , the Client must advise the Company at the time of booking . Should the Client fail to comply with the above or commit any illegal act when on the tour or , if in the opinion of the tour leader , the Client ’ s behaviour is causing or is likely to cause danger , distress or annoyance to others the Company may terminate that Client ’ s travel arrangements without any liability on the Company ’ s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements . 18 . TRAVEL DOCUMENTS • Valid Passport : The Client must be in possession of a valid passport required for entry , departure and travel through each destination point along the itinerary of the tour , ( passport must be valid 6 months past the return date ), all visas , permits and certificates including vaccination certificates , insurance policies , required for the whole of the tour . The Client accepts full responsibility for obtaining all such documents , visas and permits prior to the start of the tour , and is solely responsible for any adverse consequences resulting from missing or defective documentation . Any information or advice given by the Company regarding visas , vaccinations , climate , clothing , baggage , special equipment , etc . is purely advisory , provided as a courtesy to the Client , and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities . • Documents : To expedite the issuing of travel documents please note that all tour related travel documents such as vouchers , itineraries and invoices will be sent via email or will be available on the website www . freeandeasytraveler . com once full payment has been received by the Company . The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means . • Trip Details : It is the Clients responsibility to visit the website at least 72 hours prior to departure to ensure the most current Trip Details is in their possession as minor changes may have been made since the tour documents were originally provided by the Company . 19 . FACTORS OUTSIDE THE COMPANY ’ S CONTROL ( FORCE MAJEURE ) The Company shall not be liable in any way to the Client for death , bodily injury , illness , damage , delay or other loss or detriment to person or property , or financial costs both direct and indirect incurred , or for the Company ' s failure to commence , perform and / or complete any duty owed to the Client if such death , delay , bodily injury ( including emotional distress or injury ), illness , damage or other loss or detriment to person or property is caused by Act of God , war or war like operations , mechanical breakdowns , terrorist activities or threat thereof , civil commotions , labor difficulties , interference by authorities , political disturbance , howsoever and where so ever any of the same may arise or be caused , riot , insurrection and government restraint , fire , extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised ; or an event which the Company or the supplier of services , even with all due care , could not foresee . 20 . INSURANCE It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of US $ 100,000 while travelling with the Company and this insurance must cover personal injury and emergency medical expenses . Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative . It is strongly recommended the coverage be extended to include cancellation , curtailment , and all other expenses that might arise as a result of loss , damage , injury , delay or inconvenience occurring to the Client . The Company shall have no liability for loss , theft of or damage to baggage or personal effects . Personal belongings lost or stolen while unattended by the client in public lounges or other public areas , whether on board a vessel , train , bus , or other mode of transportation , publicly owned or operated by the Company or elsewhere , are not reimbursable . Losses due to ordinary wear and tear , and other acts of God are not reimbursable . The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels , home-stays , vessels , expedition vehicles , or any other mode of transportation . The Client acknowledges that the cost of the tour does not include insurance , and that the Client is required to obtain separate coverage at an additional cost . When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken . 21 . DISCOUNTS AND PROMOTIONS All discounts and reduced pricing are applied at the Company ’ s discretion . From time-to-time the Company may offer reduced pricing on selected tours . The reduced pricing applies strictly to new bookings , and bookings that have already provided deposit are locked into their original price and are not entitled to the reduced pricing . A booking may not be cancelled , and have the Lifetime Deposit applied to re-book the same or similar dates of travel or tour at a reduced price . The company may award vouchers for discounts off of trips of a certain length . These vouchers are applicable only to new registrations , are not transferrable and are mutually exclusive from all other promotions or discounts . Vouchers must be redeemed within one year of date awarded to avoid expiry . 22 . CLAIMS AND COMPLAINTS If a Client has a complaint against the Company , the Client must first inform the tour leader at the earliest opportunity to allow the grievance to be rectified . If satisfaction is not reached , contact the Company representative or head of country operations whilst on tour in order that the Company is provided the opportunity to rectify the matter . Failure to indicate dissatisfaction whilst on tour will result in the Client ’ s ability to claim compensation from the Company being extinguished or reduced . If satisfaction is still not reached through these means on tour then any further complaint must be put in writing to the Company via its Agents or directly to head office at ‘ travel @ freeandeasy . ca ’ or Free & Easy Traveler Inc ., PO Box 63038 , Calgary , Alberta , Canada , T2N 4S5 within 30 days of the end of the tour . The Company will not accept any liability for claims received after this period . 23 . CLIENT RESPONSIBILITY The Client acknowledges he or she will be visiting places where the political , cultural and geographical attributes present certain risks , dangers and physical challenges greater than those present in his or her daily lives . By booking travel with the Company , the Client acknowledges she or he has considered the potential risks , dangers and challenges , and expressly assumes the risks attendant to such travel conditions . The Client is solely responsible for acquainting themselves with customs , weather conditions , physical challenges and laws in effect at each stop along the itinerary , and are encouraged to locate or make contact prior to embarkation with his / her local embassy or consulate in each destination . The traveler is required to notify the company of any criminal charges or pending criminal charges as they may affect our booking processes . 24 . OPTIONAL EXTRAS Optional extras do not form part of the tour or contract . It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras . Accordingly , the Client hereby releases the Company from all claims and causes of action arising from any damages , loss of enjoyment , inconvenience , or injuries related to the quality of such products . Amongst others , optional extras include rafting , surfing , rock climbing , sightseeing trips and other extras that are not included in the tour price . 25 . LIABILITY The Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger , the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract ; unusual and unforeseeable circumstances beyond the control of the Company and / or the relevant supplier , the consequences of which could not have been avoided even if all due care had been exercised including ( but not limited to ) an event of force majeure ; or any event which the Company and / or the relevant supplier could not even with all due care have foreseen or forestalled . In the event that the Company is responsible for any death , injury or illness caused by the negligent acts and / or omissions of its suppliers of services which form part of the Contract then the Company limits its liability , where applicable by the International Conventions . 26 . SUPPLIERS AND INDEPENDENT CONTRACTORS Hotels , shuttle services or other elements of a Package will be arranged by the Company with local suppliers , who may themselves engage the services of local operators and / or sub-contractors . The Company will at all times endeavour to appoint reputable and competent local suppliers . The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract . These may limit or exclude liability of the supplier . The liability of the Company will not exceed that of any supplier . Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier . Neither the Company or any carrier is liable for independent contractors . In respect of cruises , the Vessel carries onboard service providers who operate as independent contractors . Their services and products are charged as extras . Neither the Company nor the Carrier is responsible for their performance or products . These contractors may include doctor , medical personnel , hairdresser , manicurist , masseuse , photographer , entertainer , fitness instructors , spa personnel , beauticians , internet / I . T . personnel or other instructional concessionaires , art or other auctioneers , shopkeepers and others providing services . These contractors work directly for the Client when performing their services . Neither the Company nor the Carrier is responsible for any such person ' s acts or omissions in providing goods or services to the Client . The independent contractors including Shore Excursion providers do not at any time act as agents or representatives of the Company or the carrier . Neither the Company nor the Carrier owns or controls any such independent contractors , makes no representation of any kind as to their performance and does not undertake to supervise their activities . Any Guest using such services or activities shall be deemed to agree and consent that any liability for any death , personal injury , illness , emotional distress , mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity . Neither the Company nor the Carrier shall be or become liable or responsible in any way for any act or omission of any such provider pertaining to , or arising from or in connection with such services or activities . 27 . PACKAGE TRAVEL Definition . In addition to the above definition , “ Package Travel ” is a combination of transport and land services booked at the same time and which is offered by the Company at an all inclusive price . Anything else outside this definition being transport and accommodation booked on a modular basis whether at the same time or not and shown as a “ Total Price ” or accommodation or transportation only bookings are not a “ Package ” but defined as “ Other Arrangements ”. Packages include items as listed on the Trip Details and do not include airport , airline or any other applicable taxes , airport transfers ( unless otherwise specified ), passport and visa fees , insurance , laundry , phone calls , beverages , meals not detailed in the itinerary , tips , items of a personal nature , baggage fees , excess baggage or optional excursions . Payments : Where full payment is not required immediately , a deposit is required as per Section 5 of these terms and conditions . On occasion , the deposit amount may be more than those outlined in Section 6 , and in such circumstances the deposit amount will be advised at time of booking . Final balance amount and due date will be advised at time of confirmation , and will be paid as per Section 6 ( A / B ) of these terms and conditions . Where full payment is required immediately , the conditions of the Package will be displayed and upon acceptance the booking will be deemed confirmed . All Packages are eligible for Lifetime Deposits are per Section 5 ( C ) of these terms and conditions . Alterations and / or cancellations by the Client : No name changes may be made once the booking is in place . Any change of name will result in 100 % cancellation penalties . Changes are always subject to availability and airline fees . Some Airlines to not allow changes , and in these situations , any changes made will be treated as a cancellation and a new package will need to be purchased . Day of cancellation and / or alterations will be calculated as the day the Company receives the cancellation notice in writing from the Client . Changes after confirmation are subject to an Administrative Fee as per Section 4 of these terms and conditions plus applicable airline rates and charges including any incremental difference between the initial rate and the new rate . The Company will advise of those airline charges at such time as the change is made . In the event of a Package being cancelled before receipt of full payment , the deposit amount shall be retained by the Company as a Lifetime Deposit . All Packages cancelled after full payment is received , are subject to cancellation charges . These cancellation charges can be equivalent to 100 % of the Package price . At the time of cancellation , the Company will advise the applicable cancellation fees . Alterations and / or cancellations by the Company : There are occasions where the Company has to make alterations to Packages that are advertised in the brochure or on the website either before or after a booking has been made . Such alterations can be of a ‘ minor ’ or ‘ major ’ nature . A ‘ minor ’ alteration is defined as an alteration of airline schedule and / or alteration in accommodation provider ( s ). A ‘ major ’ alteration is defined as an alteration that alters the length of the tour and / or an alteration to the date ( s ) of arrival / departure flights and / or the quality of the Package purchased . Where a minor alteration is made to a Package , the Company will advise the Client of such alterations before departure date . No compensation is payable . Where a major alteration is made to a Package , the Client will have the option of selecting one of the following options : 1 . Accepting the change , i ) Accepting alternative travel arrangements that are presented ( any cost difference that is less than the original Package will be refunded ), or ii ) Cancelling the package outright for a full refund of monies paid to the Company . While on tour , a change may be forced due to factors outside of The Company ' s ’ control . In these situations , alternative arrangements will be provided as circumstances allow . If any change of a minor or major nature is needed due to Force Majeure circumstances as per Section 19 of these terms and conditions , no compensation ( outside of the alternatives provided by the Company as above ) is payable . 2 . Travel Documents : It is the sole responsibility of the Client to obtain , at his / her expense , all the documentation required by relevant government authorities for the purpose of travel . It is advisable to check with the relevant consulate / embassy / high commission with regard to what documentation is required . If passage or entry is refused , the Company will not be held liable and no refund will be issued . 3 . Baggage : The security of all baggage remains at the Clients responsibility throughout the trip . Independent contractors over which the Company has no direct control or responsibility perform baggage handling and the Company will not assume such responsibility for loss of , or damage to , baggage or other possessions . 4 . Flights and Airlines : All flight times , flight itineraries , carriers and aircraft types are subject to change . Carriers and the Company also reserve the right to add en route stops . The Client agrees that the Company cannot be held responsible or liable if flights are missed or boarding is denied . Further , the Client also agrees that the Company cannot be held responsible or liable for expenses , lost wages or missed vacation time due to flight time changes and / or delays . 5 . Unused services : Missed flights or unused package components are non-refundable and non-creditable for any reason whatsoever . If a Client is a ‘ no-show ’, or if the package is cancelled by the Client after the departure date of the outbound flight , or if the client leaves a tour already in progress , no refund for any unused portion of the package will be provided . 6 . Insurance : Full insurance protection is highly recommended . Medical travel insurance is required . 7 . Special Requests : The Company cannot guarantee specific requests such as room location , adjoining rooms , bed preference , in-flight meal requirements , sky cots or any other request . While the Company will attempt to advise service providers of such requests , it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied . 8 . Notice to travellers : Please be aware that different living standards and practices exist outside of the developed Western World , including but not limited to provision of utilities , i . e . water and electricity , accommodations , services of all kinds , food , food preparation , water quality , security , insects , wildlife and weather conditions . 9 . The Client agrees that the Company shall not be responsible or liable for any loss , damage , illness or injury suffered as a result of such different living standards and practices . For information specific to your destination before you travel , please check the Foreign Affairs & International Trade Canada website at www . voyage . gc . ca 28 . SEVERABILITY n the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding . 29 . SUCCESSORS AND ASSIGNS These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs , legal personal representatives , successors and assigns . The Company , Free & Easy Traveler Inc ., exists under , and is pursuant to , the laws of the Province of Alberta , Canada , with its registered office located at 233 37th Street NW , Calgary , Alberta , 4N6 . 30 . APPLICABLE LAW The Terms and Conditions and Conditions of Carriage including all matters arising from it are subject to Alberta and Canadian Law and the exclusive jurisdiction of the Alberta and Canadian Courts . 31 . PRIVACY POLICY The Company will provide personal information , as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client , to suppliers and carriers to enable the operation of the services requested . The Company will do all reasonably possible in endeavouring to protect personal information . 32 . ONLINE BOOKINGS All on line reservations shall be deemed as booked in Alberta , Canada , and shall be subject to Canadian law and jurisdiction . 33 . IMAGES AND MARKETING The Client agrees that during the tour images , photos or videos may be taken by other travellers and / or the Company Staff that may contain the Client in part or in whole . The Client agrees that these images may be reproduced by the Company and the Client grants perpetual , royalty-free , worldwide , irrevocable license to reproduce such images , photos or video in any medium for promotion and publicity purposes . 34 . REFUSAL OF SERVICE At anytime before or during the booking process , the Company retains the right to refuse service to any Client , for any reason whatsoever , outside of any discrimination or protected class reasons . 35 . UPDATING OF TERMS AND CONDITIONS The Company reserves the right to update and / or alter these terms and conditions at anytime , and it is the Clients responsibility to be familiar with them . The latest terms and conditions may be found on the Company website www . freeandeasytraveler . com