TULLY LUXURY TRAVEL
TICO Reg. No. 50021092
Terms and Conditions
These Terms and Conditions (Conditions) apply to all Services provided by Tully Luxury Travel. Please read these Conditions carefully.
1. Acceptance of these Conditions
1.1. Any instructions or request for information received by Tully Luxury Travel (Tully) from you (you or the Customer) for the supply of travel and travel-related services and related information, including about travel locations, cruise or flight times, dates and prices, accommodations, transportation, insurance, currency and schedules (Services) shall constitute acknowledgement by the Customer that it has received, and understands and agrees to these Conditions and will be bound by them. Any instructions received by Tully for the supply of Services shall also constitute authorization for Tully to act on behalf of the Customer in accordance with the Condition.
1.2. The Customer’s attention is drawn to specific clauses below which exclude or limit Tully’s liability and limit the time for bringing claims against Tully, being clauses 13, 14 and 15.
1.3. Nothing in these Conditions is intended to have the effect of contracting out of any applicable provisions of applicable laws in each of the Provinces and Territories of Canada, except to the extent permitted by those laws where applicable. If any legislation is compulsorily applicable to any Services, these Conditions shall, as regards such Services, be read as subject to such legislation, and nothing in these Conditions shall be construed as a surrender by Tully of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these Conditions be inconsistent with such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
2. Agency and Travel information
2.1. Tully acts as an agent only and the Customer hereby expressly authorizes Tully to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions and provide the Services. As an agent, Tully does not make any contract with the Customer for the provision of services (other than the agency services). Instead, Tully secures any Services by acting on the Customer’s behalf in establishing contracts with third-party service providers so that a direct contractual relationship is established between the Customer and such third parties. Tully is not liable for the acts and omissions of such third parties. Tully has no responsibility for the services of such third parties nor does Tully make or give any warranty or representation regarding their standards or information. As discussed with your Tully consultant, by placing a deposit or final payment on your reservation, you are accepting the terms & conditions of such third parties and you are advised to read such terms and conditions carefully.
2.2. All bookings are made on the Customer’s behalf subject to the terms and conditions and limitations of liability imposed by the third-party service providers. The Customer acknowledges that except as expressly permitted under these Conditions, all claims must be made against the relevant third-party service providers whose own terms and conditions apply to the Services. Tully can provide you with copies of the relevant third-party service provider terms and conditions on request.
2.3. The information supplied by us regarding the Services is supplied to us by third-party service providers. We accept no responsibility for information supplied to us by such third parties. We recommend you confirm all information contained on or linked from the information we provide to the Customer with the third-party service provider.
3.1. Unless otherwise stated by Tully, the price for any travel booking is not guaranteed. All prices quoted are subject to availability and can be withdrawn or varied without notice. Price changes may occur because the third-party service providers who supply information to us may change the prices at any time and because of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and fare increases. Please contact Tully at any time for up to date prices.
3.2. All amounts quoted are payable in the currency in which they were quoted. Foreign exchange fees, if applied to a charge, are beyond Tully’s control and imposed by your credit card company. Please be aware that translating the amount quoted into your home currency will always be approximate until charged.
3.3. Other than Tully’s fees, all other monies received by us from the Customer in respect of the Services are received by us as an agent for the third-party service provider. If for any reason, a third-party service provider is unable to provide the services for which you have contracted, your remedy lies against that third-party service provider, and not against Tully. In the event we receive payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from us.
3.4. All air-only prices, are subject to increase and are not guaranteed until full payment has been received. The entire booking must be paid in full to protect the air-only price on the booking.
3.5. If final payments are not received by Tully by the balance due date indicated to you by your Tully consultant your reservation is subject to cancellation.
4. Passports, Visas and Travel Documentation and Standards
4.1. General Requirements
a) All travellers must have a valid passport and/or visa for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. The Customer agrees to ensure that all travellers’ passports and visas are in order. The Customer agrees that all information, including personal information, which the Customer has provided can be provided to authorities and other agencies responsible for immigration- and aviation-related security measures. Please make sure that the spelling of all names provided to Tully regarding the Services are as they appear on your passport. Note: Name changes, if permitted, may be subject to penalties assessed by the travel supplier.
b) When assisting with an international travel booking, Tully will assume that all travellers covered by the Services have a valid passport and/or a valid visa and other required travel documentation, as required. If this is not the case, the Customer must inform Tully promptly.
c) Passport, Visa and Health requirements are the responsibility of the Customer and all individual travellers. Valid passports are required for all travellers. To re-enter the US/Canada, you must have a valid passport, you need to show a valid Permanent Resident Card or a valid Visa or Work Permit. Immigration authorities in US/Canada and abroad have the sole discretion to deny entry even when the relevant travel documentation is provided, and their requirements are subject to change. For domestic travel within US/Canada, travellers must be in possession of government-issued photo identification. Tully will assist in providing information based on the information supplied by the Customer. This information as well as other related information supplied by Tully are supplied in good faith but should be treated as a guideline only. The final responsibility for ensuring documentation is correct is that of the Customer and the individual travellers.
d) Tully has no responsibility for the accuracy of the above information. Tully is not responsible for any claims that may be made due to inaccurate or inadequate information regarding the above. Any fines, penalties, payments or expenditures incurred as a result of such travel documents not meeting the requirements of those authorities will be the Customer’s sole responsibility.
e) The Customer acknowledges and agrees that all travellers are liable for any customs duties or other charges levied by government authorities against the travellers in relation to any travel arrangements and that no claims can be made against Tully in respect of such duties and charges.
f) Verification of travel documentation requirements must be done by the Customer and each individual traveller when travel dates near. Failure to provide the required travel documents may result in being denied travel privileges by the carrier or relevant authorities, without further recourse or the possibility of any refund. We recommend that you inquire with the Consular Affairs Bureau for Canadians Abroad or review online the Essential Information for Canadian Travelers Guide at www.travel.gc.ca to satisfy each individual traveller’s personal travel requirements. Some countries also require travellers to be issued a special international driver’s permit and/or international proof of insurance. We further recommend that US citizens consult the US Department of State website (www.state.gov) well in advance of your departure date. If you are not a citizen of the United States or Canada, you are responsible to obtain the latest up-to-date information on immigration and entry requirements for the destinations you will be visiting from your nearest Embassy or Consulate.
g) In respect of cruise travel, if you have not received a package from the cruise line regarding immigration, visas and inoculations at least 30 days prior to sailing, please contact your Tully consultant.
5. Travel Insurance
Tully strongly recommends that travellers take out appropriate travel insurance to cover their travel arrangements including to provide adequate coverage for medical expenses, personal accident, loss of baggage and curtailment or trip cancellation. Travel insurance is also strongly recommended for all overseas travel. It is the Customer’s responsibility to ensure travellers have adequate travel insurance for their journey. We have made buying Travel Insurance very easy and we strongly encourage you to purchase travel insurance and protect yourself before you go by inquiring further with your Tully consultant.
6. Health and Vaccinations
The Customer must ensure that travellers are aware of any health requirements and recommended precautions relevant to their travel and ensure that they carry all necessary vaccination documentation. In some cases, international health certificates are also required and failure to present required vaccination and health documentation may deny travellers entry into a country. Tully recommends that travellers consult with their local doctor, travel medical Centre or specialist vaccination clinic before commencing travel. General health advice for the destination you wish to visit is also available from the US Government https://travel.state.gov/content/passports/en/country.html and Government of Canada at www.travel.gc.ca. It is also recommended to consult the embassy or consulate of your destination country in US/Canada for up-to-date information on entry and exit requirements before travelling abroad.
7. Amendment and Cancellation Fees
Cancelled or amended bookings may incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Fees and extra charges may also apply where a booking is changed and when tickets or documents are re-issued. Where Tully incurs any liability for a supplier cancellation fee or charges for any booking which the Customer cancels or changes, the Customer agrees to indemnify Tully for that fee or charge. IN THE EVENT OF A CRUISE, TOUR OR LAND CANCELLATION, A $100 (plus applicable taxes) PER BOOKING ADMINISTRATIVE FEE WILL AUTOMATICALLY BE ASSESSED BY TULLY. THESE ARE IN ADDITION TO ANY PENALTIES IMPOSED BY THE CRUISE LINES, AIRLINES OR TOUR OPERATORS.
8. Taxes and other Charges
Each cruise line or supplier reserves the right to collect any increase in taxes/port charges in effect at the time of sailing/travel, even if the fare has already been paid in full. If this occurs, Tully is responsible to collect any increases on the cruise line/supplier’s behalf. The cruise lines also reserve the right to change an itinerary/port when they feel it necessary to do so. There may also be a local tax or surcharge charged at some airports which are payable by the traveller.
9. Flight Schedules Changes for Cruise
Tully does not choose and has no control over air flights, times, seat selection or carriers that are part of all-inclusive air/sea packages. Tully does not have control as to whether a flight is non-stop, has connecting flights, or requires an overnight stay. Flight schedules are determined solely by the respective cruise line with which you are sailing. If you have certain requirements that must be met concerning your flights, we recommend you speak to your Tully consultant about an “air deviation request” which would involve a non-refundable extra charge by the cruise line OR book a “cruise-only” package and make separate air arrangements.
10. Tully Fees, Payment and Expenses
10.1. Unless otherwise agreed in writing, Tully’s fees are included in the prices quoted to the Customer and will be set out in invoices or receipts provided to the Customer. In the event Tully agrees to grant credit to a Customer, any amounts payable under any agreement between Tully and the Customer fall due and are payable within seven days of the date of Tully’s invoice
10.2. Please note that additional airport and/or hotel and/or car rental fees and government taxes (other than sales tax) may not be included in your purchase. These are frequently collected at the destination. Seat selection on flights may also incur additional fees.
10.3. All airfares and tour/cruise operator rates are subject to change without notice if full payment for the booking has not been received. Tully does not warrant that prices will not change until booking is paid in full and an increase must be borne and paid for upon demand by the Customer.
10.4. All amenities and or credits offered by Tully shall only be applicable if travel is fully completed on arrangements where they were offered. Voluntary Cancellation or Cancellation/Suspension by a travel supplier will constitute a forfeiture of all amenities and or credits offered.
11. Force Majeure
11.1. Except as expressly provided otherwise in these Conditions, dates and times by which Tully is required to render performance under these Conditions shall be postponed automatically to the extent and for the period that Tully is prevented from meeting them by causes beyond its reasonable control. Such causes include, but are not limited to:
a)any condition beyond Tully’s reasonable control (including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, terrorist threats, disturbances, or unsettled international conditions), actual, threatened or reported, or because of any delay, demand, circumstances or requirement due, directly or indirectly, to such conditions; or
b) any failure by any third-party service provider to provide services; or
c) any strike work stoppage, slowdown, lockout or any other industrial related dispute; or
d) any government regulation, demand, or requirement; or
e) any shortage of labour, fuel or facilities of Tully or others; or
any fact not reasonably foreseen, anticipated, or predicted,
herein referred to as “Force Majeure”).
12. Liability and Limitations
12.1. The Customer acknowledges and agrees that Tully is not liable in contract, tort or otherwise, for any injury, damage, loss, delay, or events caused by a Force Majeure, or any additional expense or inconvenience caused by the errors, omissions or default of third service party providers.
12.2. The Customer’s legal recourse in respect of any injury, damage, loss, delay, additional expense or inconvenience is against the specific third-party service provider only, except to the extent a loss has been solely caused by the gross negligence of Tully. If for any reason any third-party service provider is unable to provide the services for which the Customer contracted, the Customer agrees to make claims only against the third-party service provider and further agrees not to make any claim against Tully, unless the Customer’s claim arises solely because of Tully’s gross negligence.
12.3. Tully’s liability may also be limited to the extent that any other relevant law or convention limits the travellers compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage, for example, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation.
12.4. Tully shall not in any circumstances whatsoever be liable for indirect or consequential losses such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however, caused, whether Tully had knowledge that such losses might be incurred.
12.5. Except as otherwise required under applicable laws, the liability of Tully for breach of any guarantees or warranties under these Conditions, or howsoever arising, is limited to any of the following as determined by Tully:
a) the supplying of the Services again, or
b)the payment of the cost of having the Services supplied again.
12.6. Except as expressly provided in these Conditions or required by applicable laws, we make no representations or warranties of any kind with respect to the products or services supplied through Tully. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered through Tully will be of merchantable quality, fit for any purpose or will comply with any descriptions or samples provided to the Customer. To the maximum extent permitted by law, the Customer agrees to release Tully and its shareholders, directors, officers and employees from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of our Services or the third-party service providers’ products or services.
12.7. The travel products and services offered and promoted through Tully are products and services of third-party service providers. Our role is solely to facilitate Customers’ travel arrangements as an agent of each Customer. Your legal relationship with respect to the third-party products and services is with the third-party service provider.
13. Time Limitation
13.1. Subject to applicable laws, any claim by the Customer against Tully arising in respect of any Services provided for the Customer, or which Tully has undertaken to provide, shall be made in writing and notified to Tully within 28 (twenty-eight) days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred.
13.2 Notwithstanding the provisions of Clause 14.1, but subject to applicable laws, Tully shall, in any event, be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which Tully has undertaken to provide unless suit be brought and written notice thereof given to Tully within three (3) months of the provision of the Services or when the Services should have been provided.
By providing personal information to Tully, the Customer consents to Tully collecting, using and disclosing the Customer’s and all travellers’ personal information. The Customer agrees that in certain circumstances (such as where the Customer requests Tully to book travel), Tully is permitted to transfer personal information to third-party service providers and for international travel to overseas recipients. Such recipients may include travel service provider(s) (e.g. airlines, transportation providers, accommodation and tour providers) with whom the Customer seeks to make a booking and government authorities and other agencies responsible for the related security or other relevant measures. Travel service providers will in most cases receive personal information in the country in which they will provide the services or in which their business is based. Tully may also send personal information to Tully’s overseas related entities and to service providers who perform services for Tully outside of Canada. Generally, Tully will only send personal information to these recipients regarding the facilitation of a travel booking and/or to enable the performance of administrative and technical services by them on the Customer’s behalf. Where Tully transfers personal information to a travel recipient, the Customer agrees that Tully will not be required to ensure the recipient’s compliance with Canadian or foreign privacy laws or otherwise accountable for how the recipient handles the personal information.
15. Changes to these Terms and Conditions
Tully has the authority and the right to at any time it sees fit to change or modify all or any part of these Conditions.
16. Jurisdiction and Law
These Conditions shall be governed and construed according to the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute, controversy or claim arising out of, relating to or regarding these Conditions or the Services, including any question regarding existence, validity or termination of these Conditions, shall be referred to the exclusive jurisdiction of the Courts of the Province of Ontario and any Courts competent to hear appeals therefrom.