Terms & Conditions
Reserving or participating in any travel services offered by Bains Travel Limited acting as a travel agent for the distribution of products packaged by other tour operators (hereinafter “Bains Travel”, “we”, “us”) constitutes a contractual agreement between the participant (“you”) and Bains Travel and is an acknowledgement that you have read, understand, and agree to be bound by these Terms & Conditions (“Terms”). You must be at least 18 years of age to make a reservation. In all cases, the person making the reservation represents and warrants that all participants have consented to, accepted, and agreed to be bound by these Terms.
Bains Travel reserves the right to update or amend these Terms at any time prior to you making a reservation.
Any payment made to Bains Travel shall be deemed to constitute full acceptance of these Terms.
Payments made to Bains Travel or our travel vendors shall be deemed to be non-refundable under any circumstance.
Bains Travel is a travel agent marketing holiday arrangements with individual airlines, inbound tour operators and cruise lines. Each of these independent organizations have their own specific terms and conditions and you will be bound by them when booking your holiday arrangement with Bains Travel.
Cancellations by Bains Travel or the Tour Operator
To the extent permitted by applicable law, Bains Travel, or the tour operator if applicable, reserve the right to cancel or reschedule any trip departure for any reason, including insufficient demand, strikes, lockouts, riots, stoppage of labor including that of tour leader, or Force Majeure Event.
In the event the Bains Travel tour conductor is unable to accompany the group from Canada, you will still be bound by the terms of this agreement to attend the tour.
Safety and Medical Care
Certain risks and dangers may arise beyond our control, including but not limited to:
- the hazards of traveling in undeveloped or underdeveloped areas, travel by boat, train, automobile, aircraft, or other means of transportation, forces of nature including landslides, volcanic eruption, earthquake, flood, tropical storms or hurricanes, political unrest, acts of lawlessness or terrorism, insurrection, war, accident or illness in remote regions without means of rapid evacuation or the availability or medical facilities, government health advisories or warnings or alerts of any kind of nature, including but not limited to, warnings or regulations due to an epidemic or pandemic, or quarantine restrictions, or any other unforeseen circumstance or any other factors unforeseen by Bains Travel, or the tour operator that adversely affects or hampers its ability to fulfil any of its contractual obligations (“Force Majeure Event”)
Bains Travel (or the tour operator if applicable) will have no liability to you regarding the provision of medical care or the adequacy of any care that may be rendered. While Bains Travel (or the tour operator if applicable) will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a trip and/or optional excursions, you agree that you will indemnify and hold harmless Bains Travel (or the tour operator if applicable) regarding the provision of medical care or the adequacy of any care rendered.
Bains Travel is not responsible for such risks and dangers that may arise beyond its control. Payment of your trip indicates you accept these risks and dangers and agree to hold Bains Travel and the tour operator if applicable harmless for them.
Indemnity
You shall indemnify and hold harmless Bains Travel and its agents, officers, directors, members, shareholders, employees, agents, assigns and successors, from and against all claims, demands, losses, costs, expenses (including legal fees, professional fees and disbursements), damages, actions, suits or proceedings by third parties that arise out of, (a) a breach of Brains Travel of its obligations, representations or warranties under this Agreement, (b) for any loss or damage, property damage, bodily injury, illness, death, or (c) any negligent or willful act or omission by Bains Travel in the performance of the travel services offered by Bains Travel.
Release and Agreement Not to Sue
You, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives and assigns hereby forever release, discharge, and covenant not to sue Bains Travel and its agents, officers, directors, members, shareholders, employees, agents, assigns and successors (collectively and individually referred to as “Released Parties”) from all liability, claims, demands, losses, costs, expenses (including legal fees, professional fees and disbursements), or damages on account of Bains Travel or alleged to be caused directly or indirectly, in whole or in part, by the Released Parties conduct or the Released Parties’ failure to act or in any way arising from or related to your participation in the travel services offered by Bains Travel.
Visas & Passports
You must ensure you are in possession of all travel and health documents before your departure. It is your responsibility to obtain and verify the validity of visas and to determine whether visas are necessary for your trip. Securing and paying for all visas, entry documents, and any other requirements for entry into a country is your responsibility. It is your responsibility to carry these documents with you. Bains Travel (and/or the tour operator if applicable) cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. Bains Travel (and/or the tour operator if applicable) is not liable for denial of entry or exit, or costs incurred for not having correct and complete documentation.
It is your responsibility to ensure you have a valid passport. Your passport must be valid for 6 months beyond the duration of the trip. You are responsible to carry your passport to ensure entry into any country.
Waivers in Destination (3rd Party)
During the course of your cruise, tour, or excursion, you may encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers. The suppliers of those optional services may render those services subject to separate and additional terms and conditions, or may require you to execute additional documents, waivers, or releases. It is understood that any assumptions of liability, waivers, or releases that are part of the suppliers’ terms and conditions or that are required by those independent suppliers will also insure to the benefit of Bains Travel (and/or the tour operator if applicable).
Bains Travel Responsibility
Bains Travel makes reservations with independent third parties, such as cruise operators, airlines, hotels, bus companies, and other independent suppliers, to provide the services purchased. Bains Travel exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Bains Travel does not control these independent organizations and cannot be held responsible for their performance or lack thereof.
Bains Travel is not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, its agents, employees or sub-contractors supplying any services or for any refusal to pay by an insurer.
Bains Travel is not responsible for any consequential damages or special damages suffered by you or anyone else for who you purchased services from Bains Travel, even in circumstances in which Bains Travel is aware of the reason you or anyone else for who you purchased services from Bains Travel, buy the services, including circumstances in which arrival at a destination is later than expected and/or inability to attend an event/excursion, whether the event/excursion is included in the price of the services or not.
Travel Insurance
You are responsible for obtaining insurance. Neither you nor anyone else for who you purchased services from Bains Travel, shall have any claim against Bains Travel by reason of a failure to purchase any type of travel insurance coverage. Your travel insurance should provide coverage against personal accident, injury, death, medical expenses, and emergency repatriation. We also strongly recommend your travel insurance covers cancellation, curtailment, personal liability, loss of luggage, and personal effects.
Interest
You agree that interest shall be payable to Bains Travel on any defaulted payments and shall accrue at eighteen (18%) percent annually.
Service Exclusions
To the maximum extent allowed by applicable law, Bains Travel expressly excludes all liability for:
(a) death;
(b) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
(c) the contraction, aggravation or acceleration of a disease of an individual; and
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual that
(i) is or may be harmful or disadvantageous to the individual or community, or
(ii) may result in harm or disadvantage to the individual or community.
Bains Travel takes no liability for failure to deliver travel services from suppliers registered or non-registered in the province of British Columbia.
Where liability cannot be excluded, Bains Travel limits its liability to the maximum extent permitted by law. The laws and courts which govern this contract are those of the Province of British Columbia or the Province of Ontario as applicable.
