PLEASE READ THIS NOTICE AND THE INVOICE IN ITS ENTIRETY
We act solely as agent for the suppliers identified on accompanying documentation whose services are being arranged for you. The travel services provided by suppliers are subject to the terms and conditions contained in the tickets, brochures, exchange orders or vouchers issued by them. Familiarize yourself and your travel companions with the suppliers' 'terms and conditions of sale'. We have provided you with printed material, as it was made available to us, and explained those portions that relate to the services offered, prices and terms and conditions, which terms and conditions govern your purchase of travel services.
Suppliers are independent parties over which we have no control. The information and description given about suppliers are based on our inquiries and are believed to be accurate, but we make no warranty or representation in respect thereof. We cannot be responsible for breach of contract, failure to comply with any laws, or any intentional or negligent actions or omissions on the part of such supplier(s), which result in any loss, damage, delay, inconvenience or injury to you, your traveling companions or group members. Please be advised that:
We do not assume responsibility for any breach of contract, acts or omissions of anyone other than our employees, properly acting on our behalf;
No employee, agent or representative of ours has the authority to modify, waive or alter any provision of this Notice;
Unless the term 'guarantee' is stated in writing on your tickets, invoice or itinerary, we do not guarantee any of the supplier(s) rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. We are not responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside our control. There may be different living standards and practices, and different standards and conditions with respect to the provision of utilities, services and accommodation outside Canada. Information on 'relevant laws and customs and documentation' is contained in the supplier(s) brochure, or is obtainable through tourist offices, consulates, etc, of the applicable destination. We can only provide information available to us from our manuals or automated airline services. By embarking upon your travel, you voluntarily assume all risks involved in such travel, whether expected or unexpected. You are hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility you may be unable to travel as scheduled because of personal emergency.
We cannot accept responsibility for the delivery of travel documents on bookings made within 30 days of departure.
Any deviation in your travel is subject to a service fee in addition to any supplier charges or penalties.
We cannot be responsible for your failure to obtain and carry proper travel documentation. Proof of Canadian citizenship is required for travel outside Canada.
MANY OF THE PROBLEMS FOR WHICH WE CANNOT BE RESPONSIBLE CAN BE INSURED AGAINST. WE HAVE STRONGLY RECOMMENDED THAT YOU OBTAIN THE APPROPRIATE INSURANCE COVERAGE TO PROTECT YOURSELF AND YOUR TRAVELING COMPANION(S) ACCORDINGLY.
Through your payment to us for these travel services and your retention of tickets, reservations or bookings after issuance of this Notice, you are acknowledging your acceptance of our terms set forth in this Notice and the supplier(s) brochure which is incorporated by reference and your agreement to convey the contents of this Notice to your traveling companions or group members.
Terms and Conditions
This Web Site (the 'Web Site') is owned by ALBATours or its subsidiaries and affiliated companies ("ALBATours" ).
Your use of our Web Site is subject to the legal terms and conditions outlined below ("Terms and Conditions"). Please read these terms and conditions before using our Web Site. Please also see our Privacy & Security Policy.
Your use of our Web Site in any manner (including the making of a reservation) constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. ALBATours reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, please read them carefully each time you use our Web Site. Please note that the guidelines, policies and other terms and conditions of use and sale at ALBATours corporately owned retail stores may vary from the terms and conditions of this Web Site.
BOOKING THROUGH AN AFFILIATED, FRANCHISED OR CO-BRANDED AGENCY
Rather than booking with ALBATours.com, by clicking on the appropriate link, you may choose to book your travel through one of ALBATours's affiliated, franchised or co-branded stores ('Independent Operators'), which ALBATours does not control. The terms and conditions on the Independent Operators' web pages may vary from the terms and conditions of this Web Site. ALBATours is not responsible for any action/inaction, breach of contract or any intentional or negligent action on the part of such Independent Operators relating to your booking with such Independent Operators and which result in any loss, damage, delay or injury to you or your travel companions.
PERSONAL USE OF WEB SITE
You may only use our Web Site to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
You may copy electronically or print hard copies of any of the web pages from our Web Site provided that such copying or printing is for your personal non-commercial and lawful use and provided that such copies clearly display the copyright, trademark and any other proprietary notices of ALBATours. Except when the express written authorization of ALBATours is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of our web pages and information (including any portion of them) which is obtained from our Web Site. ALBATours reserves all intellectual property rights in any material that you may copy electronically or print from our Web Site.
PROHIBITED OR UNLAWFUL USE
You warrant that you will not use our Web Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to provide your personal profile sign-in information and password to any person and not to use our Web Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of our Web Site. You may not misrepresent your identity as a user.
ALBATours, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that ALBATours may have against you, to refuse service, terminate accounts, and /or cancel orders or reservations for any reason whatsoever, including, without limitation, if ALBATours believes that your use of our Web Site contravenes Terms and Conditions, violates applicable law or is harmful to ALBATours's interests.
USE OF TRADEMARKS
"ALBATours", "ALBATours.com" and other ALBATours logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on our Web Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.
All content of this Web Site, including all information, design, images, sound, photographs, video, illustrations, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by ALBATours or a ALBATours affiliate or by third parties who have licensed their rights to ALBATours. All such rights are expressly reserved.
Minimum Age Requirement and Liability for Reservations and Purchases
In order to make reservations and purchases through our Web Site you have to be 18 years old or older and you agree to pay for all charges noted on our Web Site as payable by you. For greater certainty, you acknowledge and agree that you are exclusively liable for all obligations incurred as a result of use of this Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through this Web Site by persons using your personal profile sign-in information and password.
Errors or Omissions
ALBATours makes every effort to ensure that the Content on our Web Site is complete and current. However, ALBATours does not guarantee that the information contained on our Web Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. ALBATours reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, ALBATours reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order or reservation is cancelled, ALBATours shall promptly issue a credit to your credit card.
Please note that all prices listed on this Internet Site are for online purchases only and may not be matched at any ALBATours corporately owned retail location or affiliated, franchised or co-branded location or their web pages. Similarly all prices at any ALBATours corporately owned retail location or affiliated, franchised or co-branded location or their respective web pages may not be matched for online purchases on our Web Site. In addition, ALBATours charges applicable sales federal and provincial tax for purchases made on our Web Site. All prices listed on our Web Site are in Canadian dollars and all charges will be processed in Canadian dollars.
Also note that all reservations and prices listed on our Web Site are subject to availability and confirmation and such confirmation will not be made until you have completed your on-line booking. Should the actual price differ from the price listed on our Web Site, ALBATours will notify you by e-mail within hours of the making the purchase. If you receive such notification, the sale will be automatically terminated unless you reply by e-mail with confirmation of your intention to make the purchase at the actual price.
ALBATours reserves the right to change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any of the Web Site features, database, or content, and will provide reasonable notice of such changes on the Web Site. ALBATours may also impose limits on features or restrict access to parts of the Web Site.
You have read the Privacy & Security Policy, the terms of which are incorporated herein by reference, and agree to abide by those terms.
REVIEW OF TRANSMISSIONS
ALBATours may, from time to time, monitor and review any information transmitted or received through our Web Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that ALBATours, in its sole and unfettered discretion, deems that are inappropriate or that are in violation of the Terms and Conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. ALBATours takes no responsibility and assumes no liability for any content posted or submitted by you.
Our Web Site enables you to provide us with comments. If you provide us with comments, you grant ALBATours a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant ALBATours the right to use the name you submit with the comments, if any, in connection with the comments.
Please note that all content on our Web Site is provided on a "as is" and "as available" basis. ALBATours disclaims, and you hereby waive, any and all warranties and liabilities of ALBATours, whether express or implied, arising by operation of law or otherwise, with respect to our Web Site or any other internet site linked to our Web Site and any content on our Web Site or any other internet site linked to our Web Site, including, but not limited to, any:
Implied warranty of merchantability or fitness for a particular purpose;
Implied warranty of non-infringement;
And claim in tort (including negligence).
Without limiting the foregoing, you acknowledge that ALBATours does not represent or warrant that this Web Site will be accessible without interruption or that this Web Site or the server that makes this Web Site available are free from errors, defects, design flaws or omissions or from viruses or other harmful components.
Despite our best efforts, errors may occur. ALBATours does not warrant the accuracy, integrity or completeness of the content provided in this Web Site, including any advice or other similar information you may obtain through this Web Site.
The information on this Web Site is directed solely at those who access this site from Canada. ALBATOURS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA. Residents of other countries must identify themselves as such at the time of booking or purchase and ascertain whether the booking or purchase will be accepted from their country of residence and the conditions applicable to their booking or purchase. All bookings and purchases are also subject to the general information appearing in our current on-line brochure and product descriptions.
On this Web Site, ALBATours provides access to travel-related services provided by third parties that ALBATours does not control. ALBATours is not responsible for breach of contract or any intentional or negligent action on the part of such third party suppliers which results in any loss, damage, delay or injury to you or your travel companions. ALBATours does not guarantee any such suppliers' rates, bookings, reservations, connections, scheduling or protection of personal belongings, unless the word "guaranteed" is specifically stated on your tickets, travel itinerary or invoice. Furthermore, ALBATours assumes no responsibility for overbooking, cancellation or delays for hotels, airlines or cruises.
Travellers who use the Web Site, assume full responsibility for, and hereby release ALBATours from any duty of checking or verifying any passport, visa, vaccination or other entry requirements for chosen destinations. Travellers are also fully responsible for verifying all safety and security conditions for each destination. You agree that ALBATours is not responsible for any potential risks and hazards associated with travel to destinations listed on the Web Site. Without limiting the generality of the foregoing, ALBATours assumes no responsibility for standards of hygiene, cuisine, sanitation, medical treatment or telecommunications services. Nor is ALBATours responsible for any political instability, terrorist activity, war, social or labour unrest, civil disturbances, arbitrary changes in government policies, local laws or customs, climatic conditions, methods of conducting business, military activity or emergency evacuation methods. By embarking on travel arranged through, or utilising information contained on, the Web Site, you voluntarily assume the risks associated with such travel.
ALBATours shall not be responsible for any damage to or loss of luggage or personal items. ALBATOURS STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE. All incidents of damaged, lost or stolen luggage should be reported in writing directly to your insurance company. You should contact your airline to find out the maximum luggage and one carry-on requirements as all excess luggage will be subject to additional charges by the airline.
Some of the Web Site content that refers to transportation, hotel accommodations, restaurants and other services is the property of, and is supplied by, independent suppliers are not be under our control. ALBATours does not verify, and does not guarantee, the accuracy of the information that we receive from third party vendors, including suppliers of transportation and accommodations. All information, prices and availability are subject to change without notice.
LIMITATION OF LIABILITY
In no event shall ALBATours, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Web Site or any content on this Web Site even if ALBATours or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Web Site and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this Web Site. If any portion of this limitation is found to be invalid or unenforceable for any reason, then ALBATours's total liability to you shall in no event exceed one hundred dollars ($100). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
You shall defend and indemnify ALBATours, any third party providers and distributors and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web Site.
LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT
This Web Site may contain links to other internet sites which are provided to you for your convenience. Please note that the provision of any links to other internet sites does not constitute an endorsement by ALBATours of such linked internet sites. All such other internet sites are wholly independent from this internet site and from ALBATours and ALBATours has no control or power over such other internet sites including their content.
The Terms and Conditions as well as the use of this Web Site, including any order, reservation or purchase made through ALBATours.com on this Web Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.
You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the Terms and Conditions and the use of this Web Site.
Separate additional terms and conditions will apply to reservations, purchases of goods and services and other uses of portions of this Web Site and you agree to abide by such other separate additional terms and conditions.
The Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions, together with the Privacy and Security sections of this Web Site, constitute the entire agreement between ALBATours and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between ALBATours and you with respect to such subject matter. Your retention and use of tickets, reservations, tour documents, invoice or bookings after issuance, shall constitute evidence of your consent to the above terms and conditions.