LUXURY AND EXPEDITION CRUISES TERMS AND CONDITIONS
(Adapted for OO Experience Ltd.)
August 5, 2021
Booking Terms & Conditions as of June 2021
O O Experience Limited is a _____ accredited Travel Agent that sells trips that are offered by various Operators/Suppliers. In these Booking Terms and Conditions, references to “We”, “Us” and “Our” are references to O O Experience Limited. References to “You” and “Your” are references to a person who books a cruise with an Operator/Supplier through O O Experience Limited.
Please read the following booking Terms and Conditions carefully and ensure you fully understand them before booking your holiday with us. SHOULD YOU HAVE ANY QUESTIONS, PLEASE HAVE THEM ANSWERED PRIOR TO SIGNING AND AGREEING TO THE TERMS AND CONDITIONS HEREIN.
All trips require that you pay a non-refundable deposit upon booking your trip. However, the deposit amount will vary depending on the trip you select and the Operator with whom you book your trip. Moreover, the terms and conditions of your agreement with your chosen Operator will specify the necessary non-refundable deposit amount, and we will require payment thereof at the time of booking. In booking your trip, any amount of money paid to us for the goods and services sold and/or offered by the Operators/Suppliers is transferred to the applicable entity. We, in turn, receive a commission from said Operator/Supplier.
PLEASE NOTE, BY PAYING YOUR NON-REFUNDABLE DEPOSIT YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN DESCRIBED. For greater certainty, these Terms and Conditions are to be read in conjunction with the agreement you have with your chosen Operator.
O O Experience Limited sells trips and services offered by cruise lines and carriers, hotels, ground operators, coach companies, wholesalers and other travel service suppliers (collectively referred to as “Operators/Suppliers”) and is governed by the individual terms and conditions of said Operators/Suppliers. We do not represent any one individual Operator/Supplier, but are instead a reseller of trip packages from a variety of Operators/Suppliers. Please note, we are not a partner thereof and operate as a completely independent company. Also note, we do not organize, own or control the goods and services sold and/or provided by the Operators/Suppliers. At all times, we act purely as a travel agent and reseller of the goods and services offered and made available by the Operator/Suppliers.
By agreeing to these Terms and Conditions, you acknowledge and understand that the information we offer to you regarding the Operators’/Suppliers’ goods and services is provided directly from said Operators/Suppliers.
1. Tour costs
Costs are based on a variety of considerations, including, but not limited to, ground costs, airfares and exchange rates at the time of booking. Please note that trip prices are determined by the Operator/Supplier. While every effort is made not to increase prices once confirmed to you, in the event of exchange rate fluctuations or increases made by the Operator/Supplier, such as increases in hotel costs, airfares, entrance fees, fuel costs or increases in ground operator fees, we and the Operators/Suppliers reserve the right to amend trip prices as needed, with or without notice to you, at any point in time up to and including the date of departure. Notwithstanding the foregoing, we will endeavour to notify you of any increase as soon as reasonably practicable.
ACCEPTANCE OF THIS COST ARRANGEMENT IS AN EXPRESS CONDITION OF MAKING A BOOKING WITH THE OPERATOR/SUPPLIER THROUGH US.
Rates
Fares and the applicable currency will be provided by and contingent upon the Operator/Supplier/Cruise Company selected.
Rates for voyages and flights are influenced by tariffs and exchange rates in effect at the time booking and are subject to change prior to departure as outlined above. Substantial changes in tariffs, exchange rates and the price of fuel, services and labour, among other considerations, can increase the cost of expedition arrangements significantly. Therefore, we reserve the right to alter prices or introduce surcharges as deemed necessary, including but not limited to situations where payment has already been received in full. All travellers are required to pay for their excursions and additional purchases in conjunction with their excursions in the same currency.
With regards to any applicable discounts and/or promotions, we have the right to limit, withdraw or change any and/or all discounts and promotions without notice and/or any form of compensation to you.
2. Not included in your tour costs
Although not an exhaustive list, please note that the following are not included in your tour costs unless otherwise stated in your chosen Operator/Supplier/Cruise Company’s Terms and Conditions: airfares, visa and passport-related fees, travel insurance, additional expenses incurred during travel or while en route such as hotels, land travel, transfers, and any other similar expenses not covered under the applicable Terms and Conditions, excess baggage, airport departure and ticket taxes and related fees, laundry, postage, telephone calls and items of a personal nature, vaccination and medical expenses, meals not provided for in your chosen Operator/Supplier/Cruise Company’s itinerary, beverages, and gratuities.
3. Insurance
It is a condition of booking with us and also a condition of booking with the Operators/Suppliers that you take out comprehensive travel insurance to cover the full cost of any cruise or travel you book through us (including voyage cancellation coverage and helicopter medical evacuation coverage). Proof thereof must be provided prior to departure and your insurance must be in place by the final payment due date as determined by your Operator/Supplier’s payment schedule.
Please note, our trips include many remote locations and medical emergencies could necessitate a helicopter evacuation. As helicopter evacuations can easily exceed $150,000, we strongly recommend that no policy carry less than this amount of coverage for the full duration of your holiday and that your policy includes helicopter medical evacuation coverage. We strongly recommend that you acquire suitable insurance at the time you book your trip and pay your deposit, but no later than the date the final balance is due.
It is recommended that any insurance policy include at least the following features: broad coverage related to your deposit in the event of cancellation for a number of reasons, and coverage related to injury, death, insolvency, theft, loss of luggage and personal items, curtailment of tours en route, medical expenses, cancellation of advance purchase airfares, additional expenses to cover hotel accommodation, and repatriation costs to Canada should your tour need to be extended or curtailed due to illness while overseas, or due to a need to return because of an unexpected death or illness of a close relative.
IN ALL INSTANCES OF CANCELLATION, INCLUDING IN THE EVENT OF A FORCE MAJEURE EVENT, OUR TERMS AND CONDITIONS, AS WELL AS THE OPERATOR’S/SUPPLIER’S TERMS AND CONDITIONS, SHALL APPLY. For greater certainty, force majeure events include, but are not limited to, natural disasters, epidemics, pandemics such as the COVID-19 pandemic, embargoes, explosions, riots, wars or acts of invasion or terrorism, requirements of law, national or regional emergencies, strikes, labour stoppages or slowdowns, or shortage of adequate power or transportation in any applicable country or region.
4. Changes and transfers
Should you wish to make changes (not including transfers) to your trip booking after confirmation has been communicated to us and the Operator/Supplier/Cruise Company, but before final documents have been issued, a fee of US$ 250 per booking will be levied by us for each change made in addition to any additional fees levied by the Operator/Supplier/Cruise Company.
Any changes requested by you after final documentation has been issued will incur a fee of US$ 250 per booking plus any other fees levied by the Operators/Suppliers. We will do our best to process and obtain confirmation of your changes, but it is important that you understand and acknowledge that any requested changes, especially close to departure date, can take some time to confirm and some may not be possible. Notwithstanding the foregoing, we reserve the right to deny any request from you to make changes to your booking. Any and all change requests that are accepted remain at our absolute discretion.
Transfers of Deposits or Payments to Alternative Voyages
Should travellers be unable to take the trip originally booked but would like to travel on an alternate date, it may be possible to transfer deposits or payments from the original booking to an alternative voyage (with the same Supplier); moreover, a change fee shall apply and be based on the applicable Operator/Supplier’s fees. In all instances, we reserve the right to bar transfers, or deny requests related thereto, in our absolute discretion. We reserve the right to charge any administration fees for dealing with the transfer request that we deem appropriate.
5. Itinerary variations
It is possible that circumstances beyond either our control or an Operator’s/Supplier’s control may necessitate a route or itinerary change and, in the event of such an occurrence, we reserve the right to cancel or re-schedule tour departures and itineraries at any time before and after departure. Where it is necessary to change a hotel, we reserve the right to substitute accommodation of a similar standard. No refund will be available in the event of an itinerary or hotel change provided the substituted hotel is of an equivalent or improved standard.
Please note that the itinerary for your trip has been developed by the Operator/Supplier and is subject to change at the discretion of the ship’s Captain and voyage Expedition Leader. You are purchasing a trip that is an expedition to remote parts of the world, and the Captain and the Ship’s company/personnel reserve the right to change the itinerary due to, but not limited to, weather conditions, availability of anchorages, political conditions and/or other factors beyond the Captain’s control, without consulting the travellers or passengers embarked.
BY SIGNING THIS DOCUMENT, YOU ARE CONFIRMING THAT YOU UNDERSTAND THAT SUCH DECISIONS WILL BE MADE IN THE BEST INTERESTS OF ALL TRAVELLERS ABOARD AND AT ALL TIMES WITH REGARD TO THE SAFETY OF THE VESSEL. THE TRAVELLER HAS NO RIGHT TO ANY REFUND OR OTHER CONSIDERATION IN THE EVENT OF SUCH ITINERARY CHANGES.
6. Cancellation
Cancellation by You
If you need to cancel your tour/trip, you must notify us in writing. Upon receipt of your written cancellation notice, cancellation will take effect and you will be liable for any applicable cancellation charges.
We reserve the right to determine eligibility for a refund. For greater certainty, the amount that you owe upon cancellation will be based on your trip, the chosen Operator/Supplier, and the terms and conditions of the agreement between you and the Supplier/Operator of said trip.
Cancellation by Ship Operator/Cruise Company
In the unlikely event that a ship Operator/Supplier/Cruise Company cancels a trip/voyage, we will inform you as soon as we receive official notification of such decision as per the Operator/Supplier/Cruise Company’s terms and conditions and guidelines related thereto. We will pass on any offers which may be provided at the discretion of the ship Operator/Supplier/Cruise Company related to alternative voyages, assistance with re-booking services, or refunds/partial refunds available in the circumstances.
Please note, we do not ordinarily play a role in determining whether a given trip/voyage is cancelled and accept no liability related thereto. In the event of a cancellation by the Operator/Supplier/Cruise Company, we are not responsible in any way for costs related thereto such as, but not limited to, the cost of re-booking any additional travel arrangements or items/packages purchased through other entities. While we will do all we can to obtain refunds for any unused services we have booked in conjunction with the cruise on your behalf, we make no guarantees to obtain such refund in respect of unused services as all such offerings remain at the discretion of other parties. Moreover, we accept no liability related to an inability to obtain refunds, partial or otherwise, related to any unused services.
Cancellation by Us
We reserve the right to cancel any service at any time prior to departure, in which case payments made by you will be refunded in full without further obligation on our part.
Other
Neither party will be liable for any delay or failure to perform its obligations under these conditions to the extent that such delay or failure is due to any cause beyond the reasonable control of the party, including, but not limited to, force majeure events. For greater certainty, this does not apply with respect to your payment obligations hereunder and as arranged under your agreement with the Supplier/Operator/Cruise Company.
As soon as a party becomes aware that the performance of its obligations may be affected by a cause beyond its reasonable control, that party must give the other party written notice of the circumstances, the anticipated delay and any conduct that the party can take or has taken to mitigate the effect of such circumstances.
If a delay or failure of a party to perform its obligations is due to a cause beyond the reasonable control of the party: (a) the performance of that party’s obligations is suspended; and (b) if it exceeds thirty (30) days from the date the obligation was required to be performed, either party may immediately terminate this agreement and cancel the services booked upon providing written notice to the other party.
If we receive notice from a Supplier/Operator that its obligations to provide goods or services may be affected by a cause beyond its reasonable control, we will notify you in accordance with this clause and refer you the Operator’s/Supplier’s terms which govern force majeure or similar events and considerations.
7. Refund/unused services
Please note that regardless of the Operator/Supplier you have selected for your trip, in no circumstances will a refund be available to you when cancellation occurs after travel has already commenced. If you make any alteration to any portion of your holiday while you are away/in transit, any costs incurred by such alteration by you will be at your sole expense. After the tour has commenced, no refunds are available for any services/ground content provided for in the tour price even if said services remain unused by you for any reason.
Adventure Options (e.g. kayaking & camping) prices quoted are based on group participation and no refunds will be made for any part of the program in which you choose not to participate, including, but not limited to, kayaking, camping, cross-country skiing, snow-shoeing, or mountaineering, or which, at the discretion of the Captain and Expedition Leader, may or may not proceed for operational and/or safety reasons or due to adverse conditions. It is understood that refunds cannot be made to travellers who do not complete the services for any reason whatsoever.
8. Passport, Visa, Health and immigration
Passport
Any traveller who will be travelling on the tour/trip must be in possession of a valid passport which has no less than 6 months validity from the scheduled return date to the applicable home country/country of residence. Said traveller must provide to us a true copy of the passport at the time of booking and/or the true and accurate details contained therein as requested at the time of booking.
It is a traveller’s obligation to apply for and hold any visas, permits, clearances and certificates that are required for the duration of the tour to enable entry into the applicable destination countries and to have any required vaccinations as are normally recommended for the countries through which the traveller intends to travel as determined by the tour itinerary.
The traveller acknowledges and agrees that the failure of a traveller to provide the information or to comply with this clause may mean that the traveller is refused entry on the tour or refused entry on arrival to certain countries and destinations. WE AND THE OPERATOR/SUPPLIER ARE NOT RESPONSIBLE FOR, AND YOU RELEASE AND INDEMNIFY US FROM, ANY CLAIM, LOSS OR LIABILITY SUFFERED OR INCURRED IN SUCH CIRCUMSTANCES.
Medical forms, or a direct online link to the Cruise Operator’s required forms where applicable, will be sent to you via email once your deposit has been received. You must review and complete the forms immediately (one for each person travelling) and, if not completed via the Operator’s/Supplier’s link, return them to us or your travel agent. Questions that relate to your physical or mental suitability may need to be completed by a medical practitioner. Medical forms must be completed fully, honestly and accurately, and the traveller must disclose all medical history and relevant information. Should your medical situation change after submitting the medical forms, it is your responsibility to advise us (or the Operator/Cruise
Company or relevant Supplier of services) immediately. The information submitted will be reviewed, and we (or the Operator/Cruise Company or relevant Supplier of services) reserve the right to ask for further information, clarity on information, or for documentation from your medical practitioner.
Some ship operators do not allow twin share bookings for individuals with sleep apnea who are travelling with a CPAP or similar machine. Therefore, in such circumstances, you may be required to book a single/sole use cabin depending on a given Operator’s/Supplier’s terms and conditions. The Operators/Suppliers we work with (including the ship operator/Cruise Company) reserve the right to deny passage to any traveller on reasonable medical grounds.
Please note, completed medical forms must be received by our office within 7 business days of making payment. The Operator/Cruise Company reserves the right, at its sole discretion, to deny boarding to any traveller at the pier for reasons such as, but not limited to, an event or information that the medical officer determines the traveller ought to have disclosed earlier. At all times, it is your responsibility to provide any and all information relating to your pre-existing and/or newly developed medical condition(s) that could reasonably be expected to affect your booking, safety and travel experience. We (or the Operator/Cruise Company or relevant Supplier of Services) reserve the right to refuse or limit your participation in or during a trip in any manner whatsoever and/or to cancel your booking at any time in accordance with this clause.
9. Travel Advice and Advisories
Prior to booking and travel, we recommend that you review your home country’s official source of destination-specific travel information related to any destination included in your trip itinerary. By way of example, for Canadians we recommend that the Government of Canada’s information and advisories found at https://travel.gc.ca/travelling/advisories be reviewed and/or that said travellers call Canadian Consular Services at 1-800-267-8376.
10. Documentation
It is your responsibility to provide true and accurate personal information to us for the purposes of us booking any tour on your behalf. It is also your responsibility to check all tickets and documentation provided by us to you which relates to the tour booked immediately upon receipt thereof and to contact us immediately if you believe any details or information is incorrect, bookings have been made incorrectly, and/or necessary documentation has been omitted and requires correction. If the error made is due to incorrect or inaccurate information you provided to us, you will be liable for any costs incurred in correcting said error(s). If an error is made by us and requires correction, it will be corrected at no charge to you.
Please note that route maps provided by us are for general information and may not necessarily indicate exact routes. We have done our best to ensure that all tour descriptions, information and documentation issued is accurate in any printed or online media, brochure or publication. Further, this information provided to you is given in good faith; however, things change and some of the information may become out of date. WE SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE OR LOSS CAUSED BY ANY RELIANCE ON THE INFORMATION PROVIDED.
11. Supplier responsibility clause
These conditions are not issued on behalf of, and do not commit, any Operator/Supplier whose services are used in the course of the tours, such services being subject to the Supplier’s own conditions of contract.
12. Liability and Responsibility
The terms and conditions herein form part of the general terms and conditions concerning your trip as do the Operator’s/Supplier’s TERMS AND CONDITIONS AND PASSENGER TICKET CONTRACT. You must read the terms and conditions herein in conjunction with any agreement you have made with a Supplier/Operator. For greater certainty, all bookings are subject to the terms and conditions of the Operator(s)/Supplier(s) you have selected, some of whom limit or exclude liability in respect of death, personal injury, delay, loss of or damage to baggage. In signing this document you acknowledge and understand that ALL TICKETS AND DOCUMENTS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS UNDER WHICH THE OPERATORS/SUPPLIERS PROVIDE THE SERVICES.
We accept no responsibility for carrier-caused delays, schedule changes, sickness or accidents in connection with your trip/tour. Furthermore, we shall not be held accountable or liable for any loss, damages or injuries related to inaccuracies or discrepancies discovered at any point in time in relation to Operator/Supplier information that we have provided to you.
YOU ACCEPT THAT YOU MAY BE TRAVELLING THROUGH AREAS OF POLITICAL OR CLIMATIC INSTABILITY, HIGH ALTITUDE AND/OR REMOTE AREAS, AND AREAS WITHOUT PROPER MEDICAL SERVICES, AND YOU ACCEPT ALL ASSOCIATED RISKS.
Should we deem it necessary for political, climatic or other reasons, to amend or vary any itinerary, we (including the Operator/Supplier) may do so at our sole discretion by, for example, shortening, varying or completely re-routing the trip in the interests of all passengers and the vessel in which case no objection will be made by you.
You authorise us (where applicable) and the Operators/Suppliers to take all necessary action in respect of medical treatment and emergency evacuation during the trip and agree that all associated costs are to be paid by you.
THESE BOOKING TERMS AND CONDITIONS ARE BINDING ON YOUR HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, SUCCESSORS AND ASSIGNS AS WELL AS YOU.
Limitation of Liability
These terms and conditions herein are to be read in conjunction with all compulsory international conventions. Notably, COMPENSATION FOR PERSONAL INJURY IS LIMITED IN ACCORDANCE WITH THE PROVISIONS OF ANY APPLICABLE INTERNATIONAL CONVENTIONS. These include, for example, conventions that apply in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation and are limited to the provisions of, but not exclusively, the Geneva Convention 1973, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention. If you are in doubt about any aspect of these or other applicable conventions, we recommend that you have your questions answered prior to booking your trip.
We purchase transportation, hotel accommodation, and other services from various independent Operators/Suppliers that are not subject to our control and with whom we have no relationship otherwise. We shall not be held liable for any actions or omissions of any Operator/Supplier in connection with a trip booked by us on your behalf.
IF YOU SUFFER LOSS, DAMAGES OR INJURY IN CONNECTION WITH YOUR TRIP, YOU AGREE YOU WILL SEEK REMEDIES AND CLAIM DIRECTLY FROM THE OPERATOR/SUPPLIER AND THAT YOU WILL NOT PURSUE REMEDIES FROM, NOR INITIATE AN ACTION AGAINST, US IN ANY FORM OR FORUM WHATSOEVER.
Except to the extent otherwise stated in these terms and conditions, or as contained in any express warranty provided in relation to the services provided by us to you, these terms and conditions do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, design or performance of the goods or services or any contractual remedy for their failure.
If you are a consumer within the meaning of Canadian consumer law, nothing in these terms and conditions restricts, limits or modifies any rights or remedies against us for failure of a relevant statutory guarantee.
To the full extent permitted by law, our maximum aggregate liability (including our directors, officers, agents, affiliates and employees) to you under these terms and conditions howsoever arising (whether in contract, tort (including negligence), or otherwise) will be limited to, and shall not exceed, the amount you have paid to us for your trip.
To the full extent permitted by law: (a) neither party shall be liable to the other party for damages in respect of any loss of opportunity, profit, anticipated profit, business opportunity or revenue or other indirect or consequential losses of any kind; (b) neither party will be entitled to make any claim in respect of the losses referred to in (a) against the other party, arising out of or in connection with any act or omission of the other party or as a result of a breach of these terms and conditions by the other party.
Nothing in these terms and conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any applicable Canadian legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
13. Complaints
In the unlikely event that you should have a complaint about the services offered and provided by us (or the Operator/Supplier), we urge you to bring this to our attention immediately so that we may attempt to rectify the issue.
If you specifically have a complaint about the services offered and provided by an Operator/Supplier, we urge you to first bring this to the attention of said Operator/Supplier so they may seek to rectify the issue identified. If you have a complaint against the Operator/Supplier, we also ask that you provide full details of the complaint to us at your earliest convenience for our records and for the purposes of us being able to assist in any way possible.
If at the end of the trip you feel that your complaint has not been adequately dealt with, you must notify us in writing no later than 30 days after your return date to your home country/country of residence.
14. Privacy and Publicity
You agree that we may use images taken of you, without recourse and/or compensation to you in any form whatsoever whether those images are taken by our staff or an employee or representative of the Operator/Supplier and then provided to us. Such images will only be used for promotional purposes in whichever media form we deem appropriate.
In order to book your trip and supply services to you, we need to collect certain personal details and information from you (which may include sensitive information). Please note, any personal and/or sensitive information we obtain will be disclosed to the Operators/Suppliers and their representatives only for the purpose of organizing your trip and operating your tour or expedition and not be provided for any other purpose. While in our possession, we will ensure reasonable safeguards against disclosure of personal and/or sensitive information are in place, but we can guarantee any similar safeguards are in place by the Operator/Supplier; moreover, it is your responsibility to review the Operator’s/Supplier’s privacy policy and relevant informational safeguards.
You understand that you are authorizing us to collect, use and disclose your personal and/or sensitive information in accordance with our privacy policy. By signing this document, you are deemed to have read, understood and accepted our privacy policy and found the terms therein reasonable. Furthermore, by accepting the terms of our privacy policy, you are also consenting to the collection, use and disclosure of personal and/or sensitive information by us or our agents/representatives in accordance with our privacy policy and this clause and for the purpose of booking your trip with an Operator/Supplier.
15. Contract Law and Jurisdiction
This contract shall by governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada, where applicable, and the parties herein submit to the exclusive jurisdiction of the courts of Nova Scotia and the federal courts of Canada as the case may be.