Tourika’s Terms of sale and use 2018 – 2019
The purchase of packages, guided tours, flights, cruises, à la carte accommodations and car rentals (hereinafter referred to as the “Services”) offered by Tourika Inc. operating as Tourika (hereinafter “Tourika”) constitutes a contract between you (the “Customer” or “Customers”) and Tourika, which includes namely the terms and conditions described hereinafter. Please ensure that you carefully review and fully understand these terms and conditions prior to booking.
Accuracy of Information
Tourika has put forth all necessary efforts to ensure that the information posted on www.Tourika.com (the “Website”) is current and accurate at time of posting. However, changes to the Services, descriptions, prices and terms and conditions can be made at any time without notice after posting, namely to add new Services, correct errors and omissions or for reasons beyond our control. Any such updates will be published on the Website or through notices to travel agents. If there is any discrepancy between the terms and conditions in the Tourika Guided Tours brochure in paper format (or its equivalent e-brochure) and those posted on the Website, the terms and conditions appearing on the latter shall prevail. Therefore, please contact your travel agent or visit the Website to obtain any updates prior to booking.
Packages and guided tours described on the Website include, unless otherwise indicated, roundtrip flights from the selected departure city and destination, roundtrip airport/hotel transfers at destination, transportation by coach, accommodations in accordance with the length of stay and hotel category reserved, services of a local tour guide, other service offerings and activities related to such package or guided tours, taxes and other charges (unless otherwise indicated). The local visitors tax is not included and is payable locally. À la carte hotel accommodations include lodging according to length of stay, hotel category reserved and service charges (unless otherwise indicated). Cruises include, unless otherwise indicated, shipboard accommodation according to the category selected, on-board meals and most shipboard entertainment and activities. In some instances, certain cruise lines may require the payment of a fuel surcharge. Car rentals are subject to specific terms and conditions that may vary in accordance with the car rental agency and country of rental. Please consult the Website for more information in this regard. The Services do not include personal expenses, tips, telecommunication fees, certain taxes, as well as any other services or activities that are not specifically described on the Website. In most countries, free Wi-Fi service is generally available in hotel rooms and public areas of many hotels or buses used in the coach tours. Wi-Fi service, when available on buses, is offered by means of a cellphone network, thus providing a less reliable and slower connection; therefore, service may not always be available. Wi-Fi service is not available on buses providing transfer and local services. For additional information, please visit our Website.
Certain guided tours are offered with guaranteed departure dates. Such guaranteed departures may occur only if a minimum number of participants have booked the same guided tours (the number may vary depending on the guided tour selected) in order for Tourika to offer them at the price indicated. If the minimum number of participants required for a guided tour with a guaranteed departure is not met, Tourika may cancel the guided tour and offer the Customer another guided tour or a full refund, the customer hereby renouncing to any recourse it may have against Tourika as a result of this cancellation.
The prices given on the Website are set based on several factors including, but not limited to, the prices of suppliers, exchange rates, fuel costs, taxes and other fees in effect at time of posting. To the best of our knowledge, prices indicated are valid at the time of posting and are subject to change without notice. Unless otherwise indicated, all prices are quoted in Canadian dollars (CAD) on a per person basis and include the applicable retail sales tax, the federal goods and services tax, governmental and airport fees and duties, local airport taxes at destination, tourist card fees and service fees. For Québec residents, prices exclude the contribution to the Compensation Fund for Customers of Travel Agents of $1 per $1,000 of travel Services purchased. The airfare used to establish the prices for packages and guided tours is the most advantageous fare available with the air carrier selected by Tourika as of date of publication for flights from the Canadian gateway to the chosen destination during the dates of travel. The aircraft seats at such fares are therefore subject to availability and may no longer be available at the time of booking of the package or the guided tour. Accordingly, the prices of the packages and guided tours in this brochure or on the Website may increase due to the unavailability of seats in a particular fare category further to the imposition of the air carrier’s surcharge. Price reductions resulting from a promotion or a decision by Tourika are applicable to new bookings only. Tourika also reserves its right to refuse any booking made at an erroneous price. For Services booked through a travel agent licensed in Québec, prices may be increased in the event of the imposition of the air carrier’s surcharges or an increase in the exchange rate, insofar as the exchange rate applicable 45 days before the date on which the Services are provided has increased by more than 5% since the date of the reservation. If the increase, without taking into account any increase in the Québec sales tax or the federal goods and services tax, is equal to or greater than 7% of the price of the Services, the Customer may choose between full and immediate reimbursement of the Services or the provision of similar services of the same price, otherwise the difference in price shall be borne by the Customer; no price increase may occur within 30 days preceding the date on which the Services are to be provided. For Services booked through a travel agent registered in Ontario, except if paid in full, the total price of the Services may be increased. If the increase, without taking into account any increase in the retail sales tax or the federal goods and services tax, is more than 7%, the Customer has the right to cancel the booking (and obtain a full refund of the Services) or opt for comparable alternate Services acceptable to the Customer, as long as the price of the alternate Services corresponds to the price of the original Services, otherwise the difference in price shall be borne by the Customer.
Deposit, Payment Terms and Issuance of Travel Documents
Any reservation of Services made more than 46 days prior to the date of departure must be accompanied by a deposit in the amount of $500 per person for a package, guided tour or cruise. Certain conditions may apply for flights operated by airlines other than Air Tourika. If final payment is not received within the required period, Tourika reserves the right to cancel any such reservation and charge cancellation fees without prior notice and without recourse by the Customer. The applicable cancellation fees are outlined at the end of these terms and conditions. Electronic tickets and other travel documents will only be issued by Tourika or the travel agent once Tourika has received payment in full for the Services. It is the responsibility of the Customer and of the travel agent to ensure that the information appearing on all travel documents is accurate and consistent with the reservation.
Payment by Credit Card
Verbal or written authorization provided by the Customer to the travel agent or Tourika for the use of a personal credit card number constitutes a confirmation of the reservation, acceptance of the present terms and conditions and authorization to pay the deposit or the purchase of Services, as the case may be. However, upon request by the travel agent or Tourika, the Customer may be required to provide written authorization that the credit card may be used without a signature. Once a credit card number has been provided by the Customer to guarantee a reservation, the travel agent (or Tourika) becomes responsible for such payment and must keep a signed copy of the Customer’s authorization on file. Tourika reserves the right to cancel any reservation without prior notice and without recourse by the Customer if credit card charges are not honored.
Flights and Other Air, Sea and Ground Transportation
Customers having purchased a package or a flight with Tourika are fully responsible for verifying flight times with the air carrier or Tourika’s representative at destination during the 24-hour period immediately preceding departure and return flights. Tourika undertakes to notify Customers reasonably in advance, through means it deems appropriate, of any schedule changes resulting in the advancement or delay of flight departure times or in case of any flight cancellation. Customers with connecting flights have the responsibility to allow themselves sufficient time to make their connection. Unless airline tickets from “point of origin to final destination” were purchased from Tourika, the latter will not be liable for any scheduling change or missed flight connection, including any additional costs incurred and special, incidental or consequential damages, including namely the loss of wages and vacation days arising from the foregoing. Airport check-in: We recommend that Customers arrive at the airport check-in counter at least 3 hours prior to departure in order to ensure sufficient time to obtain their boarding pass and register their baggage. Check-in counters close one (1) hour prior to the time of departure, therefore passengers arriving after that time may be denied boarding. Customers must also be at the boarding gate at the specified time, failing which their seat may be re-assigned to another passenger and their reservation may be cancelled, with no right of recourse or refund. Seat assignment: Unless pre-selected, aircraft seating is conducted by personnel at the air carrier’s check-in counter. In the event of the loss or unavailability of confirmed Club Class seats with Air Tourika or similar upgrade with another air carrier further to the change of air carrier, aircraft type or flight consolidation, the refund by Tourika of the amount paid for Club Class service or similar upgrade shall be deemed a complete and final settlement. Baggage: Air carriers have individual rules and regulations with respect to the number of bags allowed, weight and dimensions. The authorized allowance for checked baggage granted by air carriers may also vary depending on the city of departure or return of a flight. Customers are invited to consult their travel agent or the Website to obtain pertinent information. Please note that baggage and property are transported, stored and handled at owner’s risk at all times. Restricted/regulated items in checked or carry-on baggage: It is recommended that Customers consult the Canadian Air Transport Security Authority’s website (www.catsa.gc.ca) prior to travel to determine if any restrictions apply to items contained in their checked or carry-on baggage or carried on their person that may pose a danger if carried by air. Other applicable conditions and limitation of liability of the air carrier: Air transport conditions and claims relating to the loss of, or damage to, baggage are governed by the Montreal Convention or the Warsaw Convention, as the case may be, the applicable tariff of the air carrier and the conditions of contract appearing on the airline ticket, boarding pass and baggage check as well as to any governmental regulation which establish the limits of liability of the air carrier. Once filed with and approved by federal regulatory authorities, any amendment or change in the general conditions of carriage of the concerned air carrier applies immediately without public consultation. Any unused portion of an airline ticket on the dates specified cannot be honored for travel on another flight, and upon request, may be subject to a partial refund of certain taxes and fees in accordance with Tourika’s terms and conditions. Refusal to transport/removal of Customer: Tourika shall not be liable for its or another air carrier’s refusal to transport Customers arising from the following circumstances: a Customer fails to register for a flight (no show), a Customer jeopardizes public safety, a Customer does not hold the proper travel documents or the latter are invalid, a Customer violates or may violate any applicable law; or Tourika or the air carrier deems it necessary to deny boarding of a Customer in order to prevent any danger or risk to such Customer or to any other person or property, or to ensure the safe conduct of the flight. This section also applies to, with the necessary adjustments, maritime and ground transportation.
Customer who is a minor pursuant to the laws of the country of travel must be accompanied by a parent or a legal guardian that is over the legal age in such country and must share the same room. Air navigation orders adopted by Transport Canada allow infants (under 2 years of age at date of completion of travel) to travel free of charge, provided they do not occupy a seat (the purchase of a tourist card may be required for certain destinations). A flight reservation must be made for this purpose and no meal service will be provided. Please contact the air carrier to enquire about the conditions and fees applicable to the transportation of unaccompanied minors.
Tourika highly recommends the purchase of travel insurance at time of booking to cover against unexpected events, namely trip cancellation, loss of, or damage to luggage as well as insurance covering medical and hospitalization costs abroad. Insurance premiums are payable in full at time of booking. Consult your travel agent or visit Tourika’s Website for more information on the various insurance plans available.
A valid Canadian passport is the only reliable and universally accepted travel and identification document available to Canadians for the purpose of international travel. Certain countries require that passports be valid for six (6) months beyond the date of return to Canada. It is the responsibility of Customers to obtain, at their own expense, all necessary travel documents required by the relevant government authorities, including all ports of call, and to comply with the various laws thereof. Canadian citizens born in certain countries may require a visa in addition to a valid passport. A permanent resident card is required for permanent residents/landed immigrants who are not Canadian citizens. Minors travelling with only one parent or legal guardian may have to obtain a signed affidavit by the other parent authorizing the child to travel abroad. Customers are fully responsible for obtaining the required travel documents and must ensure they have the necessary documents in hand prior to departure. For more information on the required travel documents, please visit www.travel.gc.ca. Customers who fail to provide the required documents may be denied boarding privileges by the carrier or relevant authorities, without further recourse or the possibility of a refund. Entry to another country may also be refused even if the required information and travel documents are complete. No refund or replacement will be issued for lost or stolen travel documents. Tourika shall not be liable for any assistance or information provided by its employees or the travel agent in connection with obtaining the necessary travel documents or complying with any laws, whether given verbally, in writing or otherwise, or for any adverse consequences to any Customer resulting from failure to obtain such documents or to comply with such laws.
Certain events are part of normal unpleasant occurrences which may arise when travelling abroad. The Customer realizes this possibility, solely assumes the consequences thereof and agrees that Tourika cannot be held responsible for any damages owing to such occurrences as outlined hereafter. Living standards: Customers are asked to bear in mind and accept that living standards, including sanitary conditions, local practices, religions and political regimes, as well as the conditions with respect to the provision of public utilities, services and accommodations at destination may differ from those in Canada. Service disruptions: Some services including local public water, electricity, hot water, air-conditioning, security measures and other services or benefits may be partially or completely suspended or interrupted during the Customer’s stay. Likewise, depending on the hotel’s occupancy rate of hotels, à la carte dining may be replaced by buffet dining or vice-versa. Food, water and beverages: The quality of food, water and beverages served abroad may differ from North American standards and therefore may lead to health issues or illness. As such, Tourika cannot be held responsible for any health problems or illness resulting therefrom and the Customer is advised to take all necessary precautions. Social and sports activities: Some social activities, organized sports and entertainment, as well as the use of sports equipment in participating hotels are included in packages and, as such, do not impact the cost of packages. These added benefits vary and are subject to change or cancellation at any time and without notice during the Customer’s stay. Insects: Insect life thrives in certain climates and can therefore be commonly found inside and outside of any hotel, regardless of its classification. Customers are advised to take all necessary precautions. Natural phenomena: It is possible that certain natural phenomena may occur at times, causing temporary or permanent changes to the natural landscape. Construction and maintenance: In order to maintain the quality of services, resorts must regularly undergo maintenance, improvement and renovation work and, in some instances, expansion. Whenever construction or maintenance work likely to interfere with the use and enjoyment of any accommodation is brought to the attention of Tourika, every reasonable effort will be deployed to promptly notify Customers however, Tourika cannot be held accountable for any inconvenience caused to them. Religious holidays, school breaks, elections and conventions: Certain inconveniences, such as cancellation or unavailability of some Services, may arise when travelling during periods designated as religious holidays, school breaks, elections or conventions. Given that these periods vary according to the country and relevant authorities, it is practically impossible for Tourika to provide any indication of such dates. The Customer acknowledges this and solely assumes the possible consequences of travelling during these periods.
Room, Cabin and Hotel Allocation
Hoteliers and cruise lines are solely responsible for room and cabin allocation in accordance with the category reserved by the Customer. Tourika has no responsibility with respect to the location, decor, furnishings or type of bed in a room or a cabin, which may vary in accordance with the location of the room on the hotel premises or that of the cabin on the ship. Should a Customer choose to alter the room or cabin category upon arrival at destination, such change may be made subject to availability and payment of additional fees. Please contact the local representative (or the hotelier) at destination for any hotel room change or the Guest Relations Services Office on the ship for any cabin change. Where “accommodation or equivalent category” appears, the accommodation listed is not guaranteed and the supplier will have sole discretion in choosing an alternative of the equivalent category. Customers will be informed of the accommodations reserved on their travel documents prior to the date of departure. Tourika cannot be held liable for the supplier’s selection.
Hotel Check-In & Checkout
The Customer acknowledges and accepts that check-in time for most hotels is between 12 noon and 3 PM on the day of arrival and checkout time can be as early as 11 AM on the day of departure. The hotelier will advise the Customer at check-in of the appropriate checkout time. Whenever meals and drinks are included in the package, the Customer is eligible for said services from the time of check-in until the time of checkout.
Customers with Special Needs
Customers requiring special services or assistance while travelling must advise their travel agent (or Tourika) and the air carrier of any and all specific needs at time of booking so that appropriate measures can be taken to allow access to air travel and accommodations.
Changes to Travel Services by Tourika
If certain booked Services are no longer available prior to the Customer’s departure or after arrival at destination, Tourika reserves the right to replace them with comparable Services or alternatively, to cancel them. If the replacement Services are of lesser value, Tourika’s liability shall be limited to the sole difference in cost. If the replacement Services are of greater value, the Customer will be required to disburse an amount equal to the difference between the price of the Services purchased and that of the replacement Services. The Customer will be entitled to refuse such replacements if they occur prior to departure. In such a case and in the event of a cancellation, Tourika’s liability shall be limited to the reimbursement of the price of Services paid by the Customer. Itineraries and times indicated on the Website are for reference only and are subject to change. Itineraries, guided tours, accommodations or means of transportation are subject to change without notice. Local tour operators and guides reserve their right to alter or substitute alternative itineraries with or without prior notice to the Customer, such decision being final and without any recourse against Tourika.
Modifications and Applicable Fees
In certain circumstances, Tourika or the supplier will allow Customers to make certain modifications to their reservation. If such changes are not allowed or the Customer chooses not to travel or use the Services purchased, the applicable cancellation fees for the Services will apply. Change of name or passenger: Such change is not allowed and will be considered as a cancellation, thereby entailing the applicable cancellation fees. Change to room or cabin occupancy: Such change is allowed before the final payment date, subject to availability and the payment of certain fees. The price shall be adjusted according to the new hotel room or cabin occupancy; payment of such price adjustment must be made at the time of such change. A change to room or cabin occupancy after the final payment date is not allowed and will be considered a cancellation. Changes after the departure date: In the event that Tourika and the supplier, at their sole discretion, deem a change possible, such change may be made subject to the payment of additional fees. Any other changes: Please consult your travel agent.
Any cancellation of booked Services, for any reason whatsoever, entails the payment of the following fees (per person):
Travel components such as hotels, activities, and buses can be 100% non-refundable at the time of booking.
When travel components are not 100% non-refundable, here are the terms and conditions:
30 days or more prior to departure up to 22 days prior to departure: 50% of the cost.
21 days or less prior to departure: 100% of the total cost of Services (including taxes and fees)
Statement to the travel agent: Customers are responsible for advising their travel agent or Tourika of their intentions, expectations and needs as they relate to the proposed travel, before the reservation is completed. Health: Customers whose physical condition so requires must ensure that they have a sufficient quantity of any required medication (prescription or other) and that such medication be stored in their carry-on baggage at all times. Customers must also consult competent medical authorities prior to departure to enquire about preventive medical measures to be taken as regards the country visited. Customers are also responsible for ensuring that they are fit to travel. Pregnant women: The air carrier may refuse pregnant women for whom air travel may involve a risk to themselves or their unborn children. In these cases, a medical certificate establishing the due date and fitness to travel may be required prior to departure. Please ask your travel agent for the air carrier’s policy in this regard. Sports and activities: Sports and other activities described on the Website are provided for information purposes only and are not meant to incite Customers in any way to participate in them. Tourika cannot be held responsible for any accident or mishap occurring at destination during the practice of any sport and/or activity in which Customers participate of their free will and initiative.
Tourika shall not be liable for any claim, loss or damage to a person or to property, cost, expense, inconvenience, loss of enjoyment or of time, disappointment or frustration, either mental or physical, resulting from any delay, cancellation, accident, illness, injury or death resulting from, but not limited to:
a) Any act of god or force majeure or of a third party;
b) Any war, revolution, insurrection, riot, embargo, terrorist act or consequence thereof, nuclear disaster or any other unlawful act against public order or authority;
c) Any fire, flood, explosion, earthquake, volcanic eruption, epidemic, pandemic, quarantine, public health emergency, storm, lightning, hurricane, tornado, tropical storm or any other adverse weather condition;
d) Any accident to or malfunction of an aircraft, ship or any equipment used in connection therewith, loss of or hijacking of an aircraft or a ship, or any shortage of or inability to provide labor, fuel or facilities;
e) Any strike, lockout, labor relations issues or other industrial disturbance, whether involving Tourika employees, employees of its suppliers or others upon whom Tourika relies;
f) Any decision of a governmental authority or legislative body having jurisdiction in the circumstances, and whose action or inaction may affect the conduct of Tourika’s operations;
g) Any default from a supplier upon whom Tourika relies for the performance of the whole or any part of the Services described and provided herein; or
h) Any other causes beyond the reasonable control of Tourika, whether actual, threatened or reported, which may interfere with Tourika’s operations or that of its suppliers.
Exclusion of Liability
Tourika makes arrangements with air carriers, hoteliers, cruise lines, local tour operators and other independent parties to provide Services to the Customer. Although Tourika takes care in selecting its suppliers, it has no control over them and cannot be held responsible for their actions, omissions, faults or negligence or that of their employees or sub-contractors, nor for any loss or damages suffered as a result thereof. Services provided are subject to the conditions imposed by the suppliers and their liability is limited by their tariffs, conditions of carriage, tickets, vouchers, international conventions and agreements. The terms and conditions of this section shall extend to and benefit all of Tourika’s representatives, agents and employees.
Customers may wish to participate in optional à la carte visits, excursions, sightseeing tours or other activities (collectively, the “excursions”) that may be offered by Tourika on behalf of local suppliers for an additional fee. These excursions are purchased at the Customer’s sole risk, and Tourika shall not be held liable for the quality or safety of such excursions that are organized and conducted by a third party supplier who may adhere to security standards and norms that may differ from those of the Customer’s country of origin. Any written or verbal contract and representation for such excursions shall be deemed to have been made between the Customer and the supplier of such excursions and shall be undertaken at the Customer’s own risk of loss, damage or injury. Tourika shall not be liable in any manner for any complaints or claims that may arise as a result of participation in any such excursions.
Comments and Claims
Should a Customer require assistance to remedy any problem at destination, the Customer must immediately contact the Tourika representative. Alternately, the Customer must contact the local representative, hotel manager or Tourika directly at the following address: service@Tourika.com. If a problem cannot be resolved or dealt with immediately, Customers are requested to forward their comments or claims in writing to their travel agent or Tourika within 30 days of the date of return.
This contract is deemed to be executed and governed by the laws of the province of Quebec. The voiding of one or other of the clauses hereto shall neither annul nor invalidate these terms and conditions.