ALBATours Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY
These Terms & Conditions govern your purchase of a package holiday from ALBATours, and by purchasing a package holiday from ALBATours or otherwise receiving goods and/or services through ALBATours, you accept and agree to be bound by these Terms & Conditions. 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.
Please read and ensure you understand these Terms & Conditions before booking your vacation.
Through your payment to us for 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.
Definitions: For purposes of these Terms & Conditions the words “you,” “your,” “passenger” and “cardholder” refer to each person who books or otherwise purchases or receives goods and services arranged through ALBATours.
The words “ALBATours,” “our” and “we” refer to TravelBrands Inc., its parents, subsidiaries, affiliates and agents.
Independent Suppliers: ALBATours makes arrangements with third party suppliers who provide travel-related services such as air travel, cruises, hotels, buses, sightseeing, car rental or other activities included in your booking.
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 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.
The liability of these suppliers may be limited by their tariffs, conditions of carriage and international conventions and arrangements. ALBATours does not own, manage, operate, or control any vehicle, hotel, resort, cruise ship, restaurant, or other supplier of services, and is not responsible for their acts or omissions.
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.
Notice to Travellers: 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.
ALBATours assumes no responsibility for overbooking, cancellation or delays for hotels, airlines or cruises.
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 labour 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.
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.
How To Book An ALBATours Holiday: Simply call or visit your travel agent and they will contact ALBATours for reservations or visit our Web Site at ALBATours.com.
Payment Requirements: Where a vacation is booked 45 days or less before the departure date ¿ full payment is due immediately. Otherwise, a non-refundable deposit plus applicable insurance is due immediately on booking and the balance or final payment is due no less than 45 days prior to departure date.
The deposit is due at the time of booking and is non-refundable. ALBATours reserves the right to cancel a booking where any payment is not received within 5 days of its due date.
Deposit Requirements (Per Person):
Air Only - Alitalia ------------------. $250
Italy Coach Tours -------------------$250
Cruise Packages ------------------- $450
Car Rentals --------------------------- $50-$250
Hotel Only ----------------------------- Full Price
Credit Cards: When a credit card is used to confirm and pay for a booking, you, the passenger, and/or the cardholder give consent to ALBATours for the card’s use.
Cancellations: If you need to cancel your booking, you must notify your travel agent immediately. Cancellation charges are calculated based on the date that ALBATours receives notice of cancellation.
Air Only - Alitalia; Italy Coach Tours; Hotel Only; Local Excursions/Optional Tours:
45 days or more prior to departure date
44 days to 31 days prior to departure date
50% of total price**
30 days prior to departure date to any time including on and after departure date
100% of total price**
60 days or more prior to departure date
59 days to 45 days prior to departure date
50% of total price**
44 days prior to departure date to any time including on and after departure date
100% of total price**
** Total price is all money due and/or paid to ALBATours.
The cancellation charge compensates ALBATours for damages arising from cancellation, including, among other things, pre-payment made on booking of travel and other services and administration costs involved in processing a cancellation. By booking a vacation you agree that the cancellation charge is a genuine estimate of damages to ALBATours of any cancellation and is not a penalty. ALBATours may arrange for the resale of any holidays you cancel without refund to you.
Changes to a Booking for Air Only - Alitalia, Italy Coach Tours & Cruise Packages
Prior to departure*: Changes to a confirmed booking can be made prior to departure and will be subject to the following charges dependent on the nature of the change and when the change is made.
Changes that include a passenger name correction, passenger letter correction, or passenger title change, will be charged as follows:
30 days to 8 days prior to departure: $50 per person plus GST/HST.
7 days or less prior to departure: 100% of the total cost including GST/HST.
Changes that include a date, destination or cruise/ship itinerary change will be charged in addition to any difference in fare as follows:
21 days or more prior to departure: $50 per person plus GST/HST.
20 days or less prior to departure: 100% of the total cost including GST/HST.
While in Italy*: Changes to a confirmed booking can be made prior to your return and will be subject to the following charges, in addition to any difference in fare and dependent on when the change is made.
Changes that include a date or return departure location change will be charged as follows:
21 days or more prior to return: $150 per person plus GST/HST.
20 days to 8 days prior to return: $250 per person plus GST/HST.
7 days or less prior to return: 100% of the total cost including GST/HST, and must pay a full one-way airfare.
* Charges will apply to any change in a customer reservation, provided the airseat is available and the
change is permitted. Specifically, should the nature of the change affect airseat revenue, or create a flight
imbalance, the change cannot be permitted, resulting in a 100% cancellation penalty.
Hotel & Local Excursions/Optional Tours Changes: Changes to a confirmed booking can only be made prior to 30 days before departure. An administration fee of $25.00 per person plus GST/HST will be charged for each change. You will also be responsible for any price increase on goods or services from the original reservation date to the date of change. No price adjustment shall be made if the price for such goods and services has decreased. Name change requests may be denied due to hotel and tour supplier policies and conditions.
Requests for changes less than 30 days before departure will not be accepted and will make the booking
subject to full cancellation charges. Name changes or name corrections within this period will be treated as a cancellation and rebooking.
Occupancy Changes: If a change is made to the hotel room/stateroom/coach tour occupancy, including the addition to or reduction of the number of occupants, you will be responsible for any change and/or administrative fees and charges (see above), and any resulting increase in price.
Car Booking Changes: Please see our separate ALBATours/AVIS Italy car pamphlet or visit our Web Site at ALBATours.com
Group Bookings: Please note that cancellation charges and change fees for groups may differ from those above and will be in accordance with the group contract terms and conditions.
Special Requests: ALBATours cannot guarantee specific requests such as room location, adjoining
rooms, bed preference, in-flight meal requirements, sky cots, etc. On board dining requests for a given
table size, or early or late seating will be accepted at the time of booking. While ALBATours 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.
Dietary Needs: Special dietary requests for vegetarian, diabetic, low-fat, low-sodium, or low-cholesterol diets can be arranged at the time you make your tour/cruise reservation. As MSC Cruises requires the details of your request no later than 14 days prior to your sailing date, please ask your travel agent to inform ALBATours of your requirements at the time of booking.
Children: Unless otherwise stated, children’s prices are restricted to those 2-11 years of age at the time of departure and only when sharing a room with 2 full paying adults. Coach tours are not recommended for children under the age of six.
Unaccompanied Minors: Please contact the airline for more details. Restrictions and surcharges may apply.
Infants: Passengers under the age of 2 for the duration of the holiday are considered infants (1 infant per adult allowed). Infants pay 10% of the adult fare plus applicable taxes and fees. A reservation is required for each infant. Please note that infants are not assigned a seat. If an infant turns 2 years of age during the vacation, an airline ticket must be purchased for his or her travel to and from the destination.
Special Provisions Applicable to Web Bookings: 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 our Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through our Web Site by persons using your personal profile sign-in information and password.
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.
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.
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).
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 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.
The information on our 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.
Rather than booking with ALBATours.com, by clicking on the appropriate link, you may choose to book your travel through one of ALBATours' 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 our 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.
Any use of our Web Site is subject to our Web Use Agreement Terms and Conditions. Your use of our Web Site in any manner (including but not limited to the making of a reservation) constitutes your acknowledgement that you have read and understood these Terms and Conditions and that you agree to follow and be bound by them. You can access the Web Use Agreement Terms and Conditions here
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 the Web Use Agreement Terms and Conditions, violates applicable law or is harmful to ALBATours’ interests.
Customs & Immigration: Customs and/or immigration officials can deny a person entry into their country at their own discretion. A previous criminal record could be an obstacle in international travel. ALBATours cannot be held responsible for denied entry under any circumstances.
Documentation: It is solely your responsibility to obtain, at your own expense, all the documentation required by relevant government authorities for the purpose of your holiday. This includes the documentation required by both the government authorities in your holiday destination as well as any jurisdictions which you may transit through en route to your holiday destination. Required documentation may vary depending on citizenship status. Special documentation may be required for minors travelling alone; for children who have a different surname than the adults who accompany them; or for single parents travelling with children. Prior to departure, you should check with your travel agent and/or the relevant consulate about what documentation is required. A valid passport is required. Some countries require passports to be valid for up to six months beyond your return to Canada. For information on the Canadian Government Passenger Protect program, please visit www.passengerprotect.gc.ca. Landed immigrants without Canadian citizenship or a Permanent Resident Card may be denied boarding upon return to Canada. In the event that a passenger does not possess the documentation required by the government authorities at the holiday destination, or jurisdictions transited through en route to the holiday destination, or by the airline, passage or entry to the destination or transit jurisdiction may be refused. If passage or entry is refused, ALBATours will not be held liable and will not issue any refunds.
Tickets: Tickets are available 30 days prior to flight departure. All tickets and vouchers are produced in electronic format and will be forwarded to you or your travel agent. Please review for accuracy. E-documents must be presented along with proper identification (see section on Documentation) at check-in for departure flight, return flight, and for other purchased services such as hotel accommodations, staterooms and car rentals.
All e-tickets are valid only for the flight purchased and cannot be exchanged for other flights or departure times.
Once your cruise booking is confirmed, assigned a stateroom # and cruise confirmation #, please log on to www.msccruises.com, go to “Already Booked” and then click on “MSC Web check in” to fill in the required information. Please note, this process is mandatory in order to expedite your ticket release.
Flights and Carriers: All flight times, flight itineraries, carriers and aircraft types are subject to change with or without notice. The carriers and ALBATours also reserve the right to add en route stops. It is recommended that you contact the airline within 24 hours of departure to confirm your departure time. It is also recommended that you arrive at the airport 3 to 4 hours prior to departure to allow sufficient time for check-in and security clearance. Please check with the airline directly for check-in cut-off time. You agree that ALBATours cannot be held responsible or liable if you miss your flight or are denied boarding. If you book air only, you must provide your contact number at your destination to your travel agent so you may be advised of any changes to your return flight. Failure to do so may result in you missing your flight and you agree that ALBATours cannot be held responsible or liable for any resulting expenses. Carriage and service performed and tickets issued are subject to the terms referred to on such tickets, the rules relating to liability by the Warsaw Convention (as amended), The Athens Convention, The London Convention and The Montreal Convention and these Terms & Conditions. ALBATours makes arrangements with various airlines. Air transportation complaints are solely the responsibility of the airline concerned. You agree that ALBATours cannot be held responsible or liable for expenses, lost wages or missed vacation time due to flight time changes and/or delays.
Baggage: Please check your e-tickets for baggage allowance information. There may be charges for excess baggage. Please contact the airline for more details. ALBATours reminds cruise guests that stateroom storage is limited. All baggage remains at your own risk throughout the trip. Due to security restrictions, liquids and gels, as well as many other items, are not permitted in carry-on luggage. Prescription medications should be kept in the original container and packed in carry-on luggage. Please check with the airline prior to departure for the most up-to-date regulations in order to avoid items being confiscated at security. In the event that your baggage is delayed at your destination or upon your return home, please contact the airline representative before leaving the airport. Failure to do so will invalidate your claim. Independent contractors over which we have no control perform baggage handling and we cannot assume responsibility for loss of, or damage to, baggage or other possessions. Due to the carrier’s limit of liability, do not check valuable items such as jewellery and cameras. Please also limit the valuables (including electronic equipment) you take with you on holiday and use the safety deposit boxes provided at hotels or on cruise ships. Please ensure you have adequate insurance to cover your belongings throughout your holiday.
ALBATOURS STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE.
Connecting Flights: If you have arranged your own connecting flight, you should allow ample time (minimum 3 hours or overnight) between flights. ALBATours cannot accept any responsibility for additional charges incurred for airfares or other expenses due to missed flights, irregular air operations or flight time changes.
Local Transfers: Transfers may be included in your ALBATours package holiday (air & cruise, air & tour) and your documents will include transfer vouchers with full details. Please proceed directly to the transfer company identified on your documents. On your return, please be ready to depart your hotel or at the pier at the designated time indicated by your transfer company. There is no reimbursement for missed transfers.
ALBATours Problem Handling: ALBATours representative will meet passengers upon arrival at your destination when booked on a coach tour or cruise. If you have any questions, queries or problems while in destination or on board your cruise, you must contact the local representative, cruise line representative, on board cruise staff, transfer agent or hotel management directly as applicable. Failure to report your concerns may preclude your right to a claim.
Additional Notice to Travellers: Please be aware that different living standards and practices exist outside of Canada, 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 or weather conditions. You agree that ALBATours shall not be responsible or liable for any loss, damage, illness or injury you may suffer as a result of such different living standards and practices. It is not uncommon to suffer from travellers’ diarrhea when travelling. The Public Health Agency of Canada recommends that you visit your family doctor or a travel medicine clinic prior to departure to advise you on precautions. Please check the Foreign Affairs & International Trade Canada website at travel.gc.ca for information specific to your destination before you travel. All hotels and cruise ships undergo routine maintenance and renovations. Certain resort areas are undergoing major growth with ongoing construction and ALBATours is not responsible for any resulting inconvenience. At brand new hotels, some facilities may not be completely operational. Landscaping and other finishing touches may be continuing during your stay. If ALBATours is advised of any significant work that will be ongoing during your stay or of any major facilities that will not be available, we will try to advise you prior to departure through notice to you or your travel agent.
Travel Insurance: It is strongly recommended that all travellers obtain adequate insurance coverage to protect themselves should they be obliged to cancel a holiday due to health problems or unforeseen circumstances. You may purchase such insurance from your travel agent (or from ALBATours in the case of Web bookings) at the time of booking. You may also wish to purchase medical insurance. You agree that ALBATours shall not be responsible or liable for health problems that may arise or become aggravated while travelling or at your destination. Standards of medical care may differ from those in Canada. Treatment may be expensive, payment in advance may be required and provincial health care coverage may be limited.
Cancellation of Services: In the event that certain services are cancelled, ALBATours will have no responsibility beyond the refund of all monies received by ALBATours for such cancelled services, which will be deemed to constitute full settlement of any claim you might have against ALBATours for the cancellation.
Alteration of Services: Advertised facilities may occasionally be modified or unavailable. We will advise you or your travel agent of any description changes, if known, prior to departure. Sometimes major changes to your holiday arrangements may be required due to circumstances beyond our control, such as cruise cancellation, hotel overbooking, unexpected maintenance problems or due to market conditions. Major changes may include change of destination, change of departure or return by more than 24 hours, change of itinerary, change of port-of-call, change of hotel, ship or accommodation standard. In these circumstances, ALBATours reserves the right to substitute hotel, cruise ship or port-of-call and other arrangements for arrangements of comparable value without notice or liability.
Force Majeure/Act of God: ALBATours is not responsible or liable for changes or cancellations made that relate to or arise as a result of hostilities, acts of war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics or health risks, technical problems with transport as well as flight delays due to weather or for mechanical reasons, government action, closed or congested airports or ports, supplier insolvency, governmental acts and other events beyond our control. The National Hurricane Center in Miami considers May 15th to November 30th inclusive Hurricane Season. This must be taken into consideration when you book your vacation. You agree that ALBATours does not assume any responsibility, and is not liable, for the costs or other consequences that arise out of or result from inclement weather conditions at any time of the year.
Hotel Ratings: Star ratings are our opinion and can differ from official ratings. Our rating is relative to general standards in each destination, so our four-star hotel in one destination can be different to our four-star hotel in another. Ratings are based on many factors including hotel location and facilities as well as feedback from our customers and staff.
Facilities & Services: Cruise lines and hotels may curtail or alter some facilities without notice, usually for purpose of ongoing maintenance and improvement. You agree that ALBATours shall not be held responsible or liable if, due to the acts or omissions of others, some services, bonus features or facilities described in this brochure, cease to be available or are not working. The behaviour of other guests and the cancellation of services for any reason are beyond ALBATours’ control. All efforts are made to ensure accuracy at the time of publication of this brochure and our Web Site. Descriptions and photographs are representational only and are not a guarantee that everything will be exactly as depicted at the destination. You agree that ALBATours shall not be held responsible or liable for modifications that can take place after publication, including damage or beach erosion due to storms or tidal conditions. Services such as à la carte dinners, daily activities programs, spa services and bonus features are on a first-come, first-serve basis and may require reservations. Certain services and activities may be withdrawn by the hotel, cruise line or coach tour for reasons such as weather conditions and number of participants. All withdrawn features are non-refundable. Spa services are at additional charge unless otherwise stated. Room upgrade bonus features are subject to space availability at check-in and cannot be guaranteed prior to your arrival. Bonus features do not have a cash value.
Unused Services: No refunds or adjustments will be made to you for portions of your vacation not taken or used.
Hotel Check-in & Check-out: Due to hotel housekeeping requirements, regardless of flight times, hotel check-in is normally after 3:00 pm on the day of arrival. Hotel check-out time is normally 12 noon, but could be different at each hotel.
Local Excursions/Optional Tours: All Excursions sold locally in destination are subject to the local cancellation policy as each tour is operated by independent suppliers.
Prices & Cost Increases: All prices, unless otherwise stated, are per person based on two adults sharing one hotel room or cruise stateroom. All prices advertised on our Web Site or in our brochure are in Canadian dollars and do not include GST/HST (where applicable) and taxes. The prices advertised are based on fixed costs at the time of publication. These costs are dependant on fuel costs, rate of exchange and/or other factors. ALBATours reserves the right to increase the price. Should the price increase be greater than 7%, you have the right to cancel the contract for travel services and obtain a refund of all monies paid to ALBATours, unless the price increase is the result of government taxation or fuel surcharge allowed by the Canadian Transportation Agency. Every effort will be made to advise you or your travel agent of any price increase at least 15 days prior to your departure date. In the event of an error in published rates, you will be given the option to accept the change or to cancel for a full refund of all monies received by ALBATours.
Prices may be adjusted in response to market conditions or other factors and may change at any time. Changing conditions require a response to booking trends that cannot be foreseen and may result in price increases or decreases depending upon the specific product and dates of travel. Price reductions made in response to market conditions are offered as an incentive to new bookings only.
For Residents of the Province of Quebec: The price for the travel services provided hereunder may be increased following the imposition of a surcharge on fuel by the air carrier or cruise line, or an increase in the exchange rate insofar as the exchange rate applicable 45 days before the date of departure has increased by more than 5% since the date of this contract. If any such increase is equal to or greater than 7% of the price of the travel services, without taking into account any increase in the Quebec sales tax or federal goods and service tax, you may choose to cancel this contract and to receive a full refund of any amounts paid. There shall be no increase in the price of travel services within 30 days of your departure date.
Special Needs Passengers: Any special services required at the airport must be advised to ALBATours at time of booking so we can determine the availability with the airline directly.
Although reasonable attempts will be made to provide the airport services requested, ALBATours does not guarantee that the airport while in destination will be wheelchair accessible.
Services required for a passenger with special needs cannot be confirmed at the time of booking or prior to departure. Transfer vehicles and hotel facilities for special needs passengers may be limited and subject to local surcharges in destination or not available. Please check with your travel agent prior to booking.
Notice of Claims: You must notify ALBATours, in writing by registered mail, of any claim you may have, or claim to have, against ALBATours, within 30 days from the event giving rise to the claim. Should you not file a written complaint with ALBATours within 30 days from the end of your vacation, you will be presumed to be satisfied with the services received and to have waived any and all claims that you may have had against ALBATours.
ALBATours will not respond to any claims or demands made after the expiration of the 30-day delay. You may not commence any legal proceeding against ALBATours unless you have submitted a notice as set out above. Under no circumstances shall ALBATours be liable to you for an amount in excess of the total amount paid to ALBATours for your vacation.
Compliance: You agree to comply with any reasonable instructions issued by ALBATours or its representatives during your vacation.
Applicable Law: Regardless of your holiday destination, any dispute between you and ALBATours shall be interpreted in accordance with the laws of the place of your departure from Canada and international conventions and agreements referred to herein. Notice: No agent or representative of ALBATours or any other service provider has the authority to modify or waive any provision of these Terms and Conditions.
Arbitration: Any claim or dispute (including, without limitation, any unresolved claims concerning any services booked through, or provided by, ALBATours and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your purchase of a holiday, or the goods and services provided by or through ALBATours, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement Administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.
ALBATours’ Responsibility: The travel services provided are subject to the Travel Industry Act (ON), Travel Agent’s Act (BC), Travel Agent’s Act (QC) or any other similar act enforced in the province of residence of the purchaser or in the province where a vacation was purchased from ALBATours and Regulations thereunder and are subject to the conditions imposed by the suppliers and such suppliers’ (and ALBATours’) liability is limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements, as amended (e.g. The Warsaw Convention, The Athens Convention, The London Convention and The Montreal Convention).
You agree that ALBATours shall not be responsible or liable for, and you hereby waive any claim arising out of or relating to, any loss, damage, injury or illness whether physical or mental, resulting from any delay, substitution of equipment, or any act, omission, negligence or commission of any third party supplying any of the services or accommodation herein, its agents, servants, employees, subcontractors, or for any claims for such loss, damage or injury, whether physical or mental, arising there from, or from any cause that arises by reason of actions of parties other than ALBATours. ALBATours reserves the right to decline any passenger as a member of these tours at any time.
ALBATours is a wholly-owned division of
5450 Explorer Dr., Suite 300
Mississauga, ON L4W 5N1
Ont. Registration Number: 50012702
333 Seymour St. Suite 900
Vancouver, B.C. V6B 5A6
BC Registration Number: 3597
1257 rue Guy, 3rd Floor,
Montreal, QC H3H 2K5
Quebec Registration Number: 702734
Severability: The invalidity of any provision contained herein does not affect the validity of any other provision listed.
Miscellaneous: Prices are valid at time of publication for departure April 01, 2014 to October 31, 2014.
All prices are subject to change without notice. The information in this brochure and on our Web Site supersedes all previously published information. Published October 2013. Entire Agreement: These Terms and Conditions, together with the Privacy and Security sections of this Web Site, as well as the Web Use Agreement Terms and Conditions, to the extent that they apply, 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.