The following Terms and Conditions apply to every travel contract between:
- Each person who makes use of the Travel Services defined below, whether he or she deals directly with Terraficionados or through an intermediary on his/her behalf (“Traveler”), and
- STEAMM Travel Inc. d.b.a Terraficionados (“Terraficionados”)
with respect to all purchases of transportation, accommodation, food, insurance, ground transfers, cruises, sightseeing, entertainment or event admissions, and other services of use to the Traveler in conjunction therewith, and the service provided by Terraficionados in conjunction with them (“Travel Services”). The parties who supply these Travel Services are referred to as “Suppliers”. The person who does deal directly with Terraficionados confirms that he or she has the authority to act on behalf of all people on whose behalf Travel Services are purchased.
1. PRICES, RESERVATIONS, AND PAYMENT
Prices represented in Terraficionados quotes and booking statements may be expressed in $USD, $CAD, or Euro depending on the Travel Service(s) and the Supplier(s) used to provide those Travel Service(s). In absence of a clear, prominent, and comprehensible indication to the contrary, all quotes and booking statements will refer to Canadian dollars. Unless specifically indicated, all such amounts are subject to GST/HST as may be applicable. All prices are subject to availability until booked and confirmed.
Once Travelers have decided to book a Travel Service(s) sold with the assistance of Terraficionados, the Supplier(s) of that travel service will process the transaction and take payment for it. As such, Travelers are subject to the booking and payment terms of the Supplier(s). Terraficonados will produce a booking statement which summarizes these booking and payment terms at the time of booking, but the Traveler is responsible for consulting the specific terms and conditions of each supplier for details. These Supplier booking terms and conditions generally include, but are not limited to:
- Deposit required to hold the reservation
- Remaining trip payment amounts and timing
- Refundable and non-refundable amounts
- Price increase policies
Although each Traveler is subject to the booking and payment terms and conditions of the travel Supplier(s), the prices of Travel Services represented and sold by Terraficionados cannot increase by more than 7% (assuming the price increase is not due to tax increases). This does not apply to insurance premiums. If the cost of Travel Services increases by more than 7% between the time the Traveler pays their deposit to the Supplier(s) of Travel Services and the date of departure, the client has the right to request an alternate Travel Service, or a full refund. Any such cancellation requests must be made in writing to Terraficionados within 14 days of the price increase, and Terraficionados will then work with the Travel Supplier(s) of the Travel Services in an attempt to resolve the matter. If the Traveler has any problem receiving a refund from the Supplier(s) of Travel Services in this situation, he/she should raise the issue with Terraficionados and Terraficionados will try to help resolve the matter.
In instances where Terraficionados processes payment for Travel Services, the same price increase policy as above will apply, and Travelers will receive the same booking statement which summarizes the booking and payment terms at the time of booking.
2. CANCELLATION OR SWITCHING OF TRIPS
Travelers who decide to book a Travel Service sold with the assistance of Terraficionados complete the booking and transaction directly with the Supplier(s) of that Travel Service. As such, travelers are subject to the cancellation or trip switching terms and conditions of each Travel Service Supplier.
In general, each of Terraficionados’ travel Supplier(s) has commercially reasonable cancellation and other terms and conditions, if ample lead time is provided, and (where relevant) if sufficient justification exists. However, some or all of payments already made for the trip may not be refundable or transferrable in these instances. At or before the time of booking, Terraficionados will produce a trip statement that summarizes which payments are refundable, and which are not, according to the terms of sale of the relevant Supplier(s).
In instances where Terraficionados processes payment for Travel Service(s), the cancellation and other terms and conditions as stated on the Travel Services Statement will apply.
Please refer to the website or other information resources of the Supplier(s) of the Travel Service(s) you are booking for cancellation and other policy details, terms, and conditions.
3. SERVICE FEES
Terraficionados reserves the right to levy a service charge or booking fee for each Traveler and/or Travel Service with which it provides assistance. Details of the amounts and refundability and other policies will be disclosed at or before the time of booking. These fees may be payable directly to Terraficionados.
4. CANCELLATION, HEALTH, AND BAGGAGE INSURANCE
Before departing on a trip, Terraficionados strongly recommends that Travelers review their personal and health insurance to ensure they have appropriate coverage to meet the needs of the Traveler(s) and the needs of their family and dependants in case of any loss of property, illness, or death.
Terraficionados strongly recommends that you purchase trip cancellation and interruption insurance and out-of-province health insurance to protect yourself from unexpected circumstances that may cause you to cancel your trip, or problems that may arise between departure and return. You can find more information and book these services on our website: Travel insurance.
Terraficionados will offer you Cancellation and Interruption and Out-of-Country Medical Insurance as part of your trip statement, and should you decide not to accept it, you must notify us.
Certain Travel Services sold by Terraficionados are subject to age and health conditions. Please refer to the website or other information resources of the Supplier(s) of the Travel Services you are booking for their eligibility and health policies.
In general, by sending your deposit payment to Terraficionados or to the Travel Service Provider, you certify that you do not have any physical condition or disability that would create a hazard for you or other passengers, and that you have obtained (or will obtain) all appropriate or necessary vaccinations indicated by your proposed trip. Terraficionados will summarize any such requirements in a trip statement where possible at the time of booking, but Traveler(s) should consult their doctor for more information.
Some suppliers of Travel Services will also have policies regarding smoking. If this is an issue for you please review the relevant Suppliers’s terms and conditions.
Likewise, please advise the relevant Supplier if you have an allergy or other dietary restrictions, or mobility issues. Terraficionados may be able to assist, if advised in a timely manner. There may be additional costs associated with the Supplier’s accommodation of these issues.
5. CANCELLATION OF TRIP BY SUPPLIER
In certain circumstances, a Supplier of Travel Services sold with the assistance of Terraficionados may cancel the provision of those services. In these situations, Terraficionados will act on behalf of Travelers to seek a full refund from the Supplier for the services they did not receive. Each Supplier has their own terms and conditions pertaining to travel services which are cancelled at their discretion, and policies about traveler losses incurred on non-refundable payments made with other travel Suppliers which may be impacted by that cancellation. Please refer to the website or other information resources of the Supplier of the Travel Service(s) you are booking for their refund policies on trips and Travel Services cancelled at their discretion. In situations where Terraficionados has arranged / booked a travel package directly with Suppliers on behalf of the Traveler, Terraficionados will consult these resources and advocate on the Traveler’s behalf. Travelers should also review their travel insurance policy (where relevant) as it will often provide coverage for such amounts, where the terms of the policy have been met.
6. TRAVEL DOCUMENTS, PASSPORTS, AND PREPARING FOR YOUR TRIP
Travelers are responsible for ensuring they have current versions of all appropriate travel documentation, passports, and visas required for the trip they are booking. The passport and visa requirements vary according to the nationality of each Traveler, and the country and means of transport involved, and may change at any time for reasons beyond our control. Terraficionados will provide Travelers with a summary of requirements and a reference to resources for further information in the booking statement, but it remains the responsibility of each Traveler to verify that he or she has the appropriate travel documents for his or her nationality. Entry into a country may be refused even if the required information and travel documents are complete. Terraficionados is not responsible for any costs arising from any Traveler prohibited from entering a country scheduled to be visited on a trip, or a country to which the traveler may be diverted.
Some of the trips offered by Terraficionados and our Suppliers entail a degree of physical activity and exertion. It is the Traveler(s)’ responsibility to ensure they are fit and healthy enough to undertake such physical activity (and to maximize their enjoyment of it!). The supplier of travel services will have details on pre-trip preparations for clothing, training, and medical requirements where there these physical activities are part of the trip.
Local living standards, practices, services, and accommodation in the destinations the Traveler is scheduled to visit may differ from those in Canada, and/or the Traveler(s)’ country of residence. Travelers should consult Terraficionados, the relevant Supplier(s), and other publicly available information resources to understand and plan appropriately for these different conditions where required.
7. LIMITATION OF LIABILITY, RELEASE, AND INDEMNITY
Terraficionados, its employees, officers, directors, successors, agents and assigns (all of whom are the beneficiaries of the protection of these Terms and Conditions), does not own or operate any entity which is to or does provide goods or services for your trip. It purchases, or assists its clients in the purchase of, transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent operators. As a result Terraficionados is not liable for any negligent or willful act of any such person or entity or of any third person.
Terraficionados acts solely as agents for the Traveler with respect to all transportation, hotel and other tour arrangements. In that capacity, Terraficionados exercises all reasonable care possible to ensure the Traveler’s safety and satisfaction, but, Terraficionados neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third-party involved in carrying the traveler or in affecting these tours or providing these Travel Services. Terraficionados is not responsible for damages, additional expenses, or any other losses due to cancellation, delay or other changes in air or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses must be borne by the Traveler. Terraficionados is not responsible for delays, changes or cancellation costs due to incorrect, incomplete or expired travel documents. In the event of cancellation, delay or rescheduling mandated by any of the aforesaid causes beyond Terraficionados’ control, the Traveler shall have the option of accepting in lieu of the original travel services such rescheduled services or other substituted services as may be offered, or else, receiving a refund of as much of such advance Travel Service expenditures as Terraficionados can recover on the traveler’s behalf from tour operators, carriers, third-party tour vendors, etc., but, Terraficionados shall not have any obligation or liability to the traveler beyond the foregoing.
In addition and without limitation, Terraficionados is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time. This includes the consequences of a missed connection as between Suppliers.
Risks: There are certain inherent risks in Travel Services of the type offered through the assistance of Terraficionados. These include, but are not limited to, hiking, walking safaris, climbing injuries and altitude sickness, dangers of animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. Traveler assumes all such risks with regard to these possibilities.
Travel Advisories/Warnings: It is the responsibility of the Traveler to become informed about the most current travel advisories and warnings by referring to the U. S. State Department’s travel website at www.travel.state.gov or by phone at 1-888-407- 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, should the Traveler still choose to travel, notwithstanding any travel advisory or warning, the Traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against. Travelers can also consult Canadian Ministry of Foreign Affairs resources at www.travel.gc.ca if they reside in Canada, or equivalent information resources provided by their government if they reside in another country.
Photographs: Photographs and other depictions, in any brochure or promotional piece, of destinations, hotels and other elements of the relevant Travel Services may not be actual or currently accurate representations of the Travel Services purchased.
Amendments: Terms and Conditions may be amended at any time, without notice. This version of the Terms and Conditions is current as of the date appearing at the foot of this document. In the event that Terraficionados amends these Terms and Conditions, the amended version shall be posted on its website. The website version shall at all times apply, and the Traveler is urged at all times to review the current version.
Waiver: None of the staff or agents or Society Members of Terraficionados has the right or authority to amend or waive these Terms and Conditions, other than the President, and any such waiver shall be effective only if evidenced by the president in writing.
Severability: If any provision of these Terms and Conditions is determined to be unenforceable or invalid, such determination shall not affect the validity and enforceability of any of the remaining provisions.
Complaints: If a Traveler encounters an issue, or has a complaint, with respect the the Travel Services purchased with the assistance of Terraficionados, or with Terraficionados itself, he/she shall (subject to any applicable terms and conditions of the relevant Supplier(s)) advise the Supplier and Terraficionados in writing at the earliest reasonable opportunity, and shall provide a reasonable opportunity for it/them to rectify and/or respond to the complaint. If written complaint is not made within, at latest, thirty (30) days of the conclusion of the Traveler’s enjoyment of the Travel Services, the ability to make a timely and accurate investigation may be compromised and this may be a factor in the response accorded to the complaint.
Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the Travel Services, or to the Travel Services themselves, shall be settled solely and exclusively by binding arbitration in Toronto, Ontario, Canada, in accordance with the rules of the Arbitration Association then existent.
Class Action Waiver: By making the booking through Terraficionados, each Traveler expressly waives any right to commence or to participate in any class action against or involving Terraficionados, and each Traveler expressly agrees to opt out of any class action that may be commenced by another person.
Applicable Law: By making a booking through Terraficionados, each Traveler expressly agrees (a) that any contract or other relationship between him/her and Terraficionados shall be governed by the laws of the province of Ontario, and the laws of Canada applicable therein, and (b) he/she submits to the jurisdiction of the courts of the Province of Ontario.
TICO License Number: Terraficionados is registered with the Travel Industry Council of Ontario under retail license #50018265.
Version Dated November 29, 2011Terms & Conditions