THIS DOCUMENT, THAT WILL NEED TO BE READ AND ACCEPTED BY YOU, CREATES A CONTRACTUAL RELATIONSHIP BETWEEN BUST LOOSE! HOLIDAYS, AND YOU, THE “TOUR GUEST”. AFTER READING THE TERMS & CONDITIONS OF THIS TOUR GUEST AGREEMENT (“AGREEMENT”), IN ORDER FOR YOUR BOOKING TO BE COMPLETED, YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS FOUND IN THIS AGREEMENT. ACCORDINGLY, FAILURE TO CLICK “I ACCEPT” AT THE BOTTOM OF THIS AGREEMENT WILL PREVENT YOU FROM COMPLETING YOUR BOOKING WITH BUST LOOSE! Holidays.
PARTIES TO THIS AGREEMENT
TOUR OPERATOR: BUST LOOSE! Holidays #210, 739 – 11th Avenue SW., Calgary AB T2R 0E3, Canada (herein referred to as “BUST LOOSE! Holidays”, “BUST LOOSE!”, “we”, “our”, or “us”) has arranged the Travel Package, Trip, Vacation or Tour described within this communication
CUSTOMER: The traveler (herein referred to as “Tour Guest”, “Customer”, “I”, “you”, “my”, or “we”) who has reserved a Travel Package, Trip, Vacation or Tour as described in this communication and who intends to participate in the Travel Package, Trip, Vacation or Tour so reserved and by such participation and payment as provided for in this Customer Agreement (“Agreement”) hereby agrees to be bound by and subject to the Terms & Conditions of this agreement.
AGE: All Tour Guests must be 18 years of age or older during the period of travel unless the appropriate travel documents, and parental release have been processed in advance.
IMPLIED ACCEPTANCE: The Tour Guest agrees that payment of the booking deposit implies understanding and acceptance of this agreement.
DEPOSITS & PAYMENTS:
DEPOSITS: In order to retain the booking a NON-REFUNDABLE deposit is due for each passenger.
DEPOSITS MADE ON BEHALF OF ROOMMATES AND/OR TRAVELING COMPANIONS: It is also understood and agreed that if a payment is made on behalf of a roommate and/or traveling companion, all terms and conditions of this agreement will apply to the traveling companion under the “Implied Acceptance” clause above.
CREDIT CARD PAYMENTS: Agreeing to the Terms & Conditions of this document constitutes expressed consent and authorization by the Tour Guest to pay by credit card and confirms the reservation whether or not the sales draft slip is signed.
FINAL PAYMENTS: Typically the balance of your account is due at BUST LOOSE! Holidays no later than 60-days prior to departure for Mexico/foreign departures and no later than 30-days prior to departure for domestic departures. Should and exception arise, you will be notified by BUST LOOSE! Holidays.
LATE PAYMENT: Reservations may be cancelled if payment is not received by the final payment date forfeiting the non-refundable deposit. Late payments are subject to a late/rebooking fee subject to space availability at the time of rebooking.
BOOKINGS AFTER FINAL PAYMENT DEADLINE: Require full payment at the time of booking and may be subject to an individual request fee.
CHANGES: All changes made to the tour package after confirmation are subject to a charge per Tour Guest. Any changes within 30-days of departure will be treated as a cancellation and a new booking fee and/or cancellation fee may apply subject to availability.
CANCELLATIONS: In the event that you are forced to cancel, you must inform BUST LOOSE! Holidays immediately in writing. Cancellations are subject to the following:
- from registration date - 45 days prior to departure: deposit forfeited
- 30 – 44 days prior to departure: 25% forfeited (Minimum $100)
- 14 – 29 days prior to departure: 50% forfeited
- Within 14 days of departure: 100% forfeited
INSURANCE: We strongly recommend the purchase of travel insurance. Insurance premiums paid are in addition to deposit and are non-refundable. By not purchasing insurance offered by BUST LOOSE! Holidays you agree that you either have medical and/or cancellation insurance or, in its absence, agree to pay all costs of rescue and/or medical services or loss as may be incurred by you or on your behalf during such Trip.
BUST LOOSE! Holidays Emergency Medical Insurance (provided by Travel Insurance Coordinators)
BENEFITS: Provides reimbursement for all Accident/Sickness/Hospital/Medical expenses (whatever the cause) incurred outside your Province of principal residence over and above any other private or Government Health Insurance plan within 12 months of the date of the accident or sickness.
EXCLUSIONS: Expenses incurred on an elective (non-emergency basis). The Policy also excludes trips where a journey is undertaken for the purpose of receiving, or with the intent of receiving medical attention or hospital service. Dental sickness is also not covered. Participating as a professional in athletics or while participating as an amateur in any team or organized sporting event. Pregnancy within 2-months of the expected termination date. For any condition of sickness or injury that has received medical attention or treatment within 90 days of the effective date of coverage. The taking of prescription drugs or medication for a controlled condition is not considered medical attention or treatment.
BUST LOOSE! Holidays Cancellation Insurance (provided by BUST LOOSE! Holidays).
COVERS YOU IN THE EVENT OF: An accident or illness preventing you from starting your BUST LOOSE! holiday as contracted; The death or illness of a family group member (see details below) compelling you to cancel; The death or illness of your contracted traveling companion compelling you to cancel (note: both you AND your travelling companion must have cancellation Insurance in order to be eligible).
• CONDITIONS: To substantiate a claim, a medical document (giving a complete diagnosis) must be furnished by a legally qualified physician (other than the person insured or a family member) in attendance in the country where the accident and/or illness occurred, attesting the fact that the illness or injury prevented the insured from starting or completing their BUST LOOSE! holiday as contracted. To be valid, cancellation insurance must be purchased at time of registration. All claims must be made in writing to the BUST LOOSE! Holidays head office and are payable in Canadian funds. Insurance commences at the time of payment of the premium and terminates at the time of your contracted return.
- DEFINITIONS: A family "group" member is defined as: spouse (legal or common-law); parent; step-parent or a legal guardian; grandparent; children (natural or adopted); grandchildren; brother or sister (natural or step); aunt or uncle; or nephew or niece.
- EXCLUSIONS: No benefits are payable when a cancellation claim is made:
- For refusal at customs to cross any border crossing for any reasons, legal (i.e. criminal record – including impaired driving) or otherwise; any other personal problems with Government or legal authorities.
- For suicide attempt or threat; commission or attempt to commit an illegal act; possession of contraband or illegal transportation or trade; confiscation by any Government Authority.
- For injuries received while participating in: gliding, skydiving, parasailing, a speed or racing contest.
- Failure to adhere to airport departure times, baggage handling and hotel check in/check out times.
- When the intent of travel is to receive medical or dental care or treatment, attend or visit someone receiving medical care or treatment at the time the insurance is purchased and this medical care or treatment becomes a cause for claim.
- For expenses incurred for medical care or treatment received on an elective (non-emergency) basis; damages sustained due to any medical process or while being worked upon.
- For any condition of sickness or bodily injury that had received medical attention within 90 days of the effective date of coverage.
- Pregnancy or complications of pregnancy within 2 months of the expected date of delivery.
- For anything pertaining to the business, profession, or occupation of the insured. For injuries received while participating as a professional in any athletic competition or demonstration or while participating as an amateur in any team or organized sporting event.
- War or act of war (declared or undeclared), acts of God such as hurricanes, tornadoes, earthquakes, floods, and the like.
- For loss of personal property or possessions such as: animals, contact lenses, artificial teeth and limbs, money, securities, tickets, any property pertaining to a business profession or occupation, automobiles (including equipment and contents), motorcycles, bicycles, boats, motors, or other conveyances, household furniture, etc. For any personal problems or personal problems of your traveling companion, such as divorce, separation or matrimonial problems, change of job situation, change of student exam schedules, change of mind, etc.
TRAVEL DOCUMENTATION: There are different requirements such as Birth Certificates, Citizenship Identification, and Passports in order to enter different countries. It is imperative that you possess the proper documents. BUST LOOSE! Holidays is not responsible for any passengers failing to obtain correct documentation. Should this result in cancellation, no refund is due to the client, nor will BUST LOOSE! Holidays be responsible for any costs associated with documentation difficulties. Costs incurred by the Tour Guest denied entry due to a criminal record are non-refundable.
PRICES: All prices are quoted in Canadian dollars and are shown per person. The price for your vacation will be the price applicable at time of booking. In the event that an increase occurs which exceeds 7% of the published package price with service charges added and is not caused by an increase in taxes or at the direction of a Government Authority, you will have the option to cancel with a full refund. Please note: A deposit does not guarantee the package price. Once full payment has been received by BUST LOOSE! Holidays, this guarantees that there will be no increase in the price of your holiday, with the exception of government taxes. Note: In the event that a particular tour does not attract enough participants to warrant a group fare, BUST LOOSE! Holidays reserves the right to cancel the program or charge the additional incremental expense. If the number of Tour Guests participating does not warrant a Tour Escort, BUST LOOSE! Holidays reserves the right to cancel this option as well.
TAXES: All packages are subject to but not limited to Provincial, Federal, and International transportation taxes (i.e. Canadian departure taxes, U.S. Customs and Immigration fees, U.S. flyover fees, NAVCAN surcharges, etc.).
TRANSPORTATION/TRIP SCHEDULES/ACCOMODATION: BUST LOOSE! Holidays strives to ensure that all components of your holiday package remain unchanged from the time of your booking. In the event that there should be a FUNDAMENTAL change in one or more components of your package, BUST LOOSE! Holidays will notify you as soon as possible. In addition to this, BUST LOOSE! Holidays has no control over the management of hotels and resorts. All hotels are continuously maintaining and renovating their properties. Should a serious renovation take place during your stay and a change or move be necessary, BUST LOOSE! Holidays reserves the right to do so. In the event that an over-booking takes place on a program, BUST LOOSE! Holidays will ensure that arrangements are made to accommodate the Tour Guest. While BUST LOOSE! makes every effort to deal with the most reputable suppliers, we are not responsible for their acts and omissions and for acts and omissions of their respective employees, representatives or agents. Travel services are subject to conditions imposed by that country’s law. As such, their liability is limited by their respective tariffs, conditions of carriage, as well as international conventions and arrangements.
ALTERATIONS IN TRAVEL SCHEDULE: In the event that an unscheduled delay or rerouting occurs during a BUST LOOSE! tour any supplementary costs are the responsibility of the Tour Guest. BUST LOOSE! Holidays will not provide a full refund where cancellation of travel must be made by BUST LOOSE! for any situations which are unusual and/or unforeseeable. This would include (but is not limited to) weather conditions such as inundation, any type of storm, hurricane or tornado, fire, seismic activity, nuclear disasters, strikes, riots or civil conflicts, acts of war, terrorist actions, any public health emergencies or health risks, government actions, supplier bankruptcies and any other events beyond the control of BUST LOOSE! Holidays.
CHANGES IN ROUTING: BUST LOOSE! Holidays will not be held responsible for any changes in routings or times that a carrier may impose that differ from the original itinerary. In the event an involuntary rerouting occurs and the cost is not covered by the carrier, the Tour Guest will be responsible for any costs.
YOUR HOLIDAY INCLUDES: Only those travel services that are described on each Price & Departure flyer and/or electronic communication and/or specific website page on www.bustloose.com under the heading "All Packages Include" and nothing else. All other details are provided for your information only and should not be construed as being included in the price of your holiday.
BAGGAGE: Your baggage is handled by third party independent contractors over which BUST LOOSE! Holidays has no control. BUST LOOSE! Holidays cannot be held responsible for delay to, loss of, or damaged baggage for any reason whatsoever.
TRAVEL/TICKETS: Tickets, itineraries, baggage tags, and other important documents will be available no later than one week prior to the departure date.
UNUSED TOUR SERVICES: No refund is allowed for any unused tour services.
CONCERNS OR COMPLAINTS: Should you have a complaint relating to your BUST LOOSE! holiday, you should inform a BUST LOOSE! Holidays staff member during the course of the trip. If the matter cannot be resolved at that time, you must submit your concerns in writing to BUST LOOSE! Holidays within 30 days of your trip so that the problem may be fully investigated. Claims will not be considered outside of that time.
UNDESIRABLE BEHAVIOUR: BUST LOOSE! Holidays reserves the right to terminate the Tour Guests holiday if that Guest engages in behaviour that is detrimental to the well-being and safety of others on the trip. No refunds will be granted.
WAIVER: BUST LOOSE! Holidays provides numerous daytime and evening activities which are provided at no extra charge (some optional events are at an extra cost). The Tour Guest or his/her heirs and successors waive all claims against BUST LOOSE! Holidays, its affiliates and their agents, employees, directors and officers from any liability or injury (including injury resulting in death) and damage or loss to property which may arise out of the participation in the activities and events, and caused by any act or failure to act to anyone, whether negligent or otherwise. Should a Tour Guest be under any incapacity or impairment from drugs, alcohol, or other substances or means that would affect any ability to participate in the activities or events, he/she cannot hold BUST LOOSE! Holidays responsible. Upon registration and receipt of payment to BUST LOOSE! Holidays or its representatives from the Tour Guest, he/she agrees to and fully understands the terms and conditions set forth herein.
GENERAL: The Tour Guest recognizes that BUST LOOSE! Holidays and/or its representatives act only as agents for the various airlines, hotels, transportation companies, social venues, or other individuals or companies that provide the services to BUST LOOSE! Holidays. BUST LOOSE! Holidays assumes no liability in connection with the services of any airline, hotel, transportation company, social venue, individual or company that provides services to BUST LOOSE! Holidays. BUST LOOSE! Holidays will not be responsible for any act, error, omission, injury, loss, accident, delay or irregularity which may occur during the supply of these services on any part of the tour. Further, no responsibility is accepted for any personal injury, damages, or delay caused by sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather, act of God, war or act of war, or any other cause. BUST LOOSE! Holidays reserves the right to alter preferred accommodation and to fit the Tour Guest in the room configuration that is deemed necessary for any or whatever reason. Any costs incurred in doing so, must be paid by the Tour Guest. BUST LOOSE! Holidays reserves the right to use any photographic image (still or moving) of a Tour Guest(s) for the purpose of promotional material to market current or future programs.
ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK
ACKNOWLEDGMENT OF RISK: I understand and acknowledge that my travel in connection with and participation in the Travel Package, Trip, Vacation or Tour arranged at my request by BUST LOOSE! Holidays may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death which can result from my use of alcohol and/or illegal drugs in connection with or during this Trip. I also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, employees, officers or agents of BUST LOOSE! Holidays or the negligence or participation of other participants, contractors and/or subcontractors to BUST LOOSE! Holidays. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip and will not hold BUST LOOSE! Holidays, owners, officers, employees and third party suppliers liable.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travels and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I will be mature and responsible in my behavior and particularly in connection with any drug or alcohol use in which I may participate. I am willingly and knowingly electing to participate in this Travel Package, Trip, Vacation or Tour in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owners, agents, officers, employees, contractors or subcontractors of BUST LOOSE! Holidays.
RELEASE OF LIABILITY: In consideration of the services and arrangements provided by BUST LOOSE! Holidays, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify BUST LOOSE! Holidays, and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Travel Package, Trip, Vacation or Tour and any activities conducted in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF BUST LOOSE! HOLIDAYS.
EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against BUST LOOSE! Holidays, its owners, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
MEDICAL AUTHORIZATION: I hereby authorize any medical treatment reasonably necessary for any injury which I incur while participating in this Travel Package, Trip, Vacation or Tour.
MEDICAL EXPENSES: I either have medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Trip.
ACKNOWLEDGEMENT: THE TOUR GUEST UNDERSTANDS THAT BY ELECTRONICALLY AGREEING TO THESE TERMS & CONDITIONS, CONTINUING WITH THE BOOKING PROCESS AND APPLYING (FULL OR DEPOSIT) PAYMENT TO THIS TRAVEL PACKAGE, TRIP, VACATION OR TOUR, YOU, THE TOUR GUEST HAS, ON THIS DATE, READ AND UNDERSTOOD THIS DOCUMENT AND ACKNOWLEDGES THAT IT AFFECTS YOUR LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS TERMS. THIS AGREEMENT ALSO SIGNIFIES THE TOUR GUEST’S INTENTION TO RELIEVE AND INDEMNIFY BUST LOOSE! HOLIDAYS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUBCONTRACTORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH WHICH MIGHT BE SUFFERED DURING MY PARTICIPATION IN THIS SCHEDULED VACATION PACKAGE.