Tourika’s Terms of sale and use 2020 – 2021
Queber permit holder: 702944
The purchase of packages, tours, flights, cruises, car rentals and à la carte accommodation (hereinafter referred to as the “Services”) offered by Tourika Inc. constitutes a contract between you (the “Customer” or the “Customers”) and Tourika, which contains the general conditions described below. Please read these terms and conditions carefully and make sure you understand them before making your reservation.
Tourika has made every effort to ensure that the information presented on www.tourika.com (the “Website”) is accurate as of the date of publication. However, changes to the services, descriptions, prices and general conditions appearing on the Website may be made at any time without notice after they are put online, in particular to add new services, to correct errors and omissions or for reasons beyond our control. These updates will be published on the Website or through notices to travel agents. You should therefore consult your travel agent or the Website to review such updates, if any, before booking.
The packages and tours presented on the Website include, unless otherwise specified, round-trip flights between the departure city and the destination, round-trip airport transfers to the destination, coach transport, accommodation according to the formula and the reserved category, the services of an accompanying guide, other services related to the package or tour, taxes and other fees. Local tourist taxes are not included. Cruises include, unless otherwise specified, accommodation on board in the reserved category, all meals on board and most shows and activities on board. Some cruise passengers may, in certain circumstances, require payment of a fuel surcharge. Car rentals are subject to specific conditions that vary depending on the rental agency and the country where the rental is made. Please consult the Website for more information on this subject. A la carte accommodation includes accommodation according to duration and category booked as well as hotel service fees (unless otherwise specified). The Services do not include the Customer’s personal expenses, tips, telecommunication fees and certain taxes as well as any additional services or activities not specifically stated on the Website.
Our organized tours do not offer Wi-Fi services.
In most countries, Wi-Fi service is usually available in the public rooms and areas of several hotels and in the buses used for tours. Wi-Fi service, when available in buses, uses the cellular network and therefore offers a slower and more reliable connection and may not always be available. Coaches used for local transfers and services do not offer Wi-Fi service.
Some tours offer guaranteed departures on a fixed date, which are conditional on a minimum number of participants booking the same tour (the minimum number of participants may vary depending on the tour chosen) so that Tourika can offer it at the price indicated. If the minimum number of participants required to complete a tour with a guaranteed departure is not reached, Tourika may cancel the tour and may offer another tour to the Customer or a full refund, the Customer expressly waiving any recourse it may have against Tourika as a result of such cancellation.
The prices presented on the Website are based on service providers’ prices, exchange rates, fuel costs, taxes and other fees in effect at the time they are put online. To our knowledge, the prices are valid at the time of posting and are subject to change. Unless otherwise indicated, prices are per person in Canadian dollars (CAD) and include applicable sales tax, federal goods and services tax, fees and charges from government and airport authorities, airport taxes at destination, tourist card fees and administration fees. Any price reduction resulting from a promotion or decision by Tourika applies only to new bookings. In addition, Tourika reserves the right to refuse a reservation that has been made at an incorrect price. Where the Services have been purchased from a travel agent licensed in Quebec, the price of the Services purchased may only be increased as a result of the imposition of a carrier surcharge or exchange rate increase, to the extent that the applicable exchange rate 45 days prior to the provision of the Services has increased by more than 5% since the date the contract was entered into. In the event that the price increase, without taking into consideration the 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 opt for an alternative service offering similar Services at the same prices, failing which the price difference shall be entirely assumed by the Customer. No price increase may occur within 30 days prior to the date on which the Services are to be rendered. Where the Services have been purchased from a travel agency registered in Ontario, unless paid in full, the total price of the Services may be increased. In the event of an increase of more than 7% in the price of the Services, excluding any increase in retail sales tax or goods and services tax, the Customer may elect to receive a full and immediate refund of the Services or to provide similar Services deemed acceptable at the same price, failing which the difference in price shall be entirely borne by the Customer.
SECURITY DEPOSIT, PAYMENT TERMS AND TRANSMISSION OF TRAVEL DOCUMENTS
Any reservation of Services made more than 31 days before the departure date must be accompanied by a security deposit of 50% per person for a package, tour or cruise. Unless otherwise specified, final payment for the Services must be received by the travel agent or Tourika no later than 30 days before the departure date. For any reservation made 30 days or less before the departure date, full payment is required. Connecting flights are payable in full at the time of booking. Tourika reserves the right to cancel a reservation without notice and without recourse by the Customer if the final payment is not received on time, subject to a cancellation fee. The applicable cancellation fees, as applicable, are presented at the end of these terms and conditions. Electronic tickets and other travel documents will be issued by Tourika or the travel agent once Tourika has received full payment for the Services. It is the responsibility of the Client and the travel agent to ensure that the information on all travel documents is accurate and consistent with the booking.
PAYMENT BY CREDIT CARD
By providing his credit card number verbally or in writing to the travel agent or Tourika, the Customer undertakes to comply with these general conditions and authorizes, as the case may be, the security deposit and the purchase transaction for the Services. However, a travel agent or Tourika may require the Customer to provide written confirmation authorizing the use of his credit card without signature. The travel agent (or Tourika) is responsible for the payment of the reservation as soon as a credit card number is provided to them to guarantee a reservation and must keep on file any authorization duly signed by the Customer to this effect. Tourika reserves the right to cancel a reservation without notice and without recourse by the Customer if the payment made by credit card is not honoured.
Promotions apply only to the Services described on the Website and are subject to any restrictions that may be set out therein. Tourika reserves the right to change the terms and conditions of these promotions and to withdraw them at any time without notice. Unless otherwise specified, discounts on promotions are calculated on the basis of double occupancy.
FLIGHTS AND OTHER AIR, SEA OR LAND TRANSPORT
Unless otherwise indicated, all departures offered are operated by Tourika. Changes: Buses offered by Tourika are operated in accordance with the carrier’s fare and Canadian Transportation Agency regulations. All coaches and prices are subject to approval by the relevant government authorities. Under the carrier’s fare, buses are subject to consolidation at any time and without notice, and are subject to changes in schedules, aircraft types, operating days, the departing carrier, as well as routes. Correspondence departure times: departure times, even when they appear on the confirmation, may be changed without notice. Departure schedules may be modified for many reasons, often beyond the control of the carrier or Tourika. Tourika will attempt to notify the Customer within a reasonable time by such means as it deems appropriate of any schedule change that has the effect of advancing or delaying the departure time of a bus or any cancellation. All reservations for connecting coaches are made at the Customer’s risk and the Customer must allow sufficient time for this connection. Tourika shall not be liable for any schedule change or missed connection, including any direct or indirect damage or costs resulting therefrom, including loss of income (or salary) or vacation days or additional costs incurred. Check-in at the point of departure: We recommend that Customers arrive at the point of departure at least 30 minutes before departure to allow sufficient time for the programme to run smoothly and to leave their luggage in the coach. Seat Assignment: Unless pre-selected, bus seats are assigned by Tourika Any unused portion of a bus ticket on the specified dates cannot be honoured on another bus.
Refusal of transport / withdrawal of a Customer: Tourika shall not be liable for any liability resulting from its refusal to transport a Customer arising from the following circumstances: the Customer does not present himself for his departure by bus (“no-show”), the Customer jeopardizes the safety of the public, the Customer does not hold the required travel documents or they are not valid or compliant, the Customer contravenes or could contravene a law; or Tourika or the air carrier considers it necessary to refuse boarding to a Customer to prevent a danger or risk for this Customer and for any other Customer or any property, or to ensure the smooth running of the trip. This heading also applies, with the necessary adaptations, to sea carriers (ships, ferries or other) and land carriers.
A Client who is a minor under the laws of the country visited must be accompanied by a parent or guardian of the age of majority in that country and must share the same room. A reservation for a one-way or reotur coach must be made for this purpose and no meals will be provided for them. Please contact the carrier for information on the conditions and fees applicable to the transportation of unaccompanied minors.
Tourika strongly recommends that its Customers take out travel insurance at the time of booking, including cancellation or damage or loss of luggage insurance, as well as insurance covering medical and hospital expenses at destination. Travel insurance premiums are payable in full at the time of booking. Please contact us at 514-700-2091 to speak to a travel agent for more details.
A valid Canadian passport is the only reliable and universally accepted travel and identity document available to Canadians when travelling abroad. Some countries require that the passport be valid for up to six (6) months from the expected date of return to Canada. It is the Customer’s responsibility to obtain, at its own expense, any document required by the competent government authorities, including all ports of call, and to comply with the various applicable laws. Canadian citizens born in certain countries may require a visa in addition to their valid passport. A permanent resident card is required for permanent residents and landed immigrants who are not Canadian citizens. In addition, we recommend that any child under 18 years of age accompanied by only one parent/guardian should have in their possession a letter of consent signed by the other parent. The Client must obtain the necessary travel documents and must ensure that they are in his possession before departure. For more information on the travel documents required, please visit the Government of Canada’s website at www.voyage.gc.ca The carrier or the competent authorities may refuse boarding to any Customer who does not have the required documents, without recourse or possibility of reimbursement. The Client may also be refused entry into a country even if he holds the required travel documents. Lost or stolen travel documents will not be refunded or replaced. Tourika is not responsible for any assistance or information provided by its employees or by the travel agent regarding the obtaining of any travel document or compliance with the law, whether such assistance or information has been provided verbally, in writing or by any other means. Tourika also disclaims any liability for the consequences suffered by any Customer who does not possess the required documents and does not comply with applicable laws.
Some events are part of the normal inconvenience that can sometimes occur during a trip. The Customer acknowledges this, assumes the consequences alone and agrees that Tourika cannot be held liable for it. For example, the following elements should be mentioned: Living Standards: Clients must take into consideration that the standard of living and health, local customs, religion, political system, as well as standards and conditions for public services and accommodation at destination may differ outside Canada. Interruption of certain services: certain services, including water, electricity, hot water, air conditioning and security services, and other services or benefits of a similar nature, may be suspended or interrupted during part of the stay or for the duration of the stay. Similarly, depending on the hotel occupancy rate, meals in à la carte restaurants can be replaced by buffet-style meals or the other way around. Food, water and beverages: The quality of food, water and beverages can cause discomfort or health problems. Tourika assumes no responsibility for this, or for any health problem or disease of any kind arising therefrom, and it is the Customer’s responsibility to take the necessary precautions. Social and sports activities: some social and sports activities requiring the use of sports equipment, as well as some entertainment organized by hotels and included in the packages, are offered free of charge and have no impact on the price of the packages. These benefits may be modified or cancelled at any time without notice during the Customer’s stay. Insects: Some climates favour the life and development of insects that may be present inside or outside hotels, regardless of their classification. It is the Client’s responsibility to take all necessary precautions. Natural phenomena: certain natural phenomena can sometimes occur, which can cause temporary or permanent changes to the natural landscape. Construction work: any hotel complex concerned with maintaining the quality of its services undertakes maintenance, improvement, renovation and expansion work. When such work prevails and in the event that it is likely to affect the accommodation conditions, Tourika will endeavour to notify the Customer as soon as possible, but cannot be held responsible for any inconvenience that may be caused by such work. Religious holidays, school holidays, elections and conventions: some inconveniences may occur during a stay during religious holidays, school holidays, elections or congresses and some services or benefits may be cancelled, interrupted or unavailable. As these periods vary from country to country and from competent authority to competent authority, it is practically impossible for Tourika to specify the dates. The Client acknowledges this and assumes the consequences alone.
ALLOCATION OF ROOMS, CABINS AND HOTELS
Only hoteliers are responsible for the allocation of rooms according to the category booked. Tourika cannot be held responsible for the location, decoration, furnishings or type of bed in a room, which may vary depending on its location in the hotel. If the Customer so wishes, he may, once at his destination, change room category according to availability and by paying certain fees. Please contact your representative at destination Tourika for any change of hotel room. When the mention “accommodation or equivalent category” is indicated, the listed accommodation is not guaranteed and the supplier will have full discretion to choose an equivalent alternative to this category. Customers will be informed of the accommodation booked on their travel documents before the departure date. Tourika cannot be held responsible for the choice of supplier.
CHECK-IN AND DEPARTURE FROM THE HOTEL
The Customer acknowledges and accepts that the check-in time is 3pm for most hotels. Room release times may vary depending on the hotelier, but generally, rooms must be released around 11 a.m. When meals or drinks are included in a package, these services take effect at the time the Customer takes possession of his room and end at the time the Customer releases it.
CLIENTS WITH SPECIAL NEEDS
Any Customer requiring special services or assistance during a trip must notify Tourika and the carrier of any specific needs at the time of booking so that appropriate measures can be taken to provide access to transportation and accommodation.
MODIFICATION TO SERVICES BY TOURIKA
If certain Booked Services are no longer available before the Customer’s departure or following his arrival at destination, Tourika reserves the right to replace them with comparable Services or, failing that, to cancel them. In the event that the Replacement Services are of inferior quality, Tourika’s liability shall be limited to the difference between the price of such Services and the price of the Services originally reserved. In the event that these Replacement Services are of superior quality, the Customer shall pay an amount corresponding to the difference between the price of these Services and the price of the Services originally reserved. If the changes occur before the Customer’s departure, the Customer will have the opportunity to refuse these Replacement Services. In such a case and in the event of cancellation, Tourika’s liability shall be limited to the reimbursement of amounts paid by the Customer for the Services concerned. The itineraries and schedules on the Website are for information purposes only and are subject to change at any time without notice. Accompanied tours, accommodation or modes of transport may also be subject to change without notice. The local supplier, as well as the local guide, may decide at any time to make changes or substitutions to schedules and routes, such decision being final and without possible recourse by the Customer against Tourika.
MODIFICATIONS AND APPLICABLE FEES
Tourika or the Service Provider, in order to accommodate the Customer, allows it in certain circumstances to make certain changes to its reservation. To the extent that such a change is not permitted or the Customer decides not to travel or use the purchased Services, a cancellation fee for the Services will apply.
NAME OR PASSENGER CHANGE
If possible, we will permit a $50 name change fee. (subject is at the discretion of Tourika and our suppliers)
Change of hotel or cabin occupancy: this change is permitted prior to the final payment date subject to availability and payment of certain expenses, and the price will be adjusted to reflect the new occupancy of the hotel or cabin; the price adjustment will have to be paid upon such change.
If change of occupation is not possible, the booking treated as a cancellation.
If an occupation change is deemed possible, at the discretion of Tourika and the Service Provider, it may be made subject to the payment of additional fees. Any change of hotel will incur a fee of $25 per person, in addition to the upgrade fee, if applicable. No refund can be granted for a hotel choice that is more economical than the initial choice. For any other changes: please consult your travel agent.
TRAVEL DATE CHANGE
If date change is possible and more than 14 days prior to departure, the change fee is 50$ per person. The new travel date must be provided at time of change and travel must be made within one year. No refund can be granted for date changes if new travel dates are more economical. Changes are subject to availability and customer is responsible to pay price differences.
Less than 15 days before departure, Services becomes 100% non-refundable or modifiable.
Any cancellation of Services, for any reason whatsoever, will result in the payment of the following fees (per person):
Travel services such as hotels, activities and buses may have 100% non-refundable conditions.
If some portions are refundable, please see the conditions below:
At the time of booking until 22 days before departure: 50% of the total cost of the Services (including taxes and fees) is non-refundable.
21 days or less before departure: 100% of the total cost of the Services (including taxes and fees) becomes non-refundable.
Declaration to the travel agent or Tourika: the Customer must inform his travel agent or Tourika of his intentions, expectations and needs regarding the planned trip before the reservation is made. Health condition: the Client whose health condition requires it must provide a sufficient quantity of all the medicines he must take, whether under prescription or otherwise, and must be kept in his hand luggage. Before departure, the Client must also check with the competent medical authorities regarding all preventive medical measures to be taken depending on the country or countries visited. We recommend that you be in good physical condition and independent to undertake a trip. Pregnant passengers: Air carriers may refuse pregnant passengers for whom travel may pose a risk to themselves or their unborn child. In these cases, a medical certificate stating the expected date of delivery and the passenger’s ability to travel may be required before departure. Please consult your travel agent for more information on air carrier policy in this regard. Sports and activities: the descriptions of activities (sports or other) contained on the Website are presented for information purposes only and not as an incentive. Tourika accepts no responsibility for the practice of these sports and activities in which the Customer participates voluntarily and on its own initiative.
FORCE MAJEURE, ACCIDENTS AND EQUIPMENT FAILURE
Tourika assumes no responsibility for any claim, loss or injury to persons or property, costs, expenses, inconvenience, loss of use or time, disappointment or physical or mental frustration resulting from any delay or cancellation, accident, illness, injury or death resulting from, among other things, any of the following events: – a war, revolution, insurrection, riot, embargo, terrorist act or their consequences, nuclear disaster or any other illegal act committed against public order or the authorities; – a fire, flood, explosion, earthquake, volcanic eruption, epidemic, pandemic, quarantine, public health emergency, storm, lightning, hurricane, tornado, tropical storm or any other adverse weather condition; – an accident or failure of an aircraft, bus, ship or any related equipment, the loss or hijacking of an aircraft or ship, or any lack of or inability to obtain manpower, fuel or equipment; – a strike, lockout, labour dispute or other labour relations issue involving employees of Tourika, its suppliers or any other entity with which Tourika does business; – a decision of a governmental or legislative authority having jurisdiction and whose action or inaction would disrupt Tourika’s operations;
(a) a default by other entities with which Tourika does business in order to offer the Scheduled Services, in whole or in part; or
(b) any other event beyond Tourika’s control that is real, apprehended or reported and that could disrupt the operations of Tourika or its Service Providers.
In the case of a force majeure and Tourika had to cancel the trip prior to departure, you accept to receive a credit voucher for the amount paid.
EXCLUSION OF LIABILITY
Tourika makes arrangements with air carriers, hotels, incoming tour operators and other independent parties to provide Customer Services. Although Tourika carefully selects its service providers, Tourika has no control over them and cannot be held liable for their acts, omissions, faults or negligence or those of their employees or subcontractors, or for any loss or damage of any kind that may result. The Services provided are subject to the general terms and conditions of these service providers and their liability is limited to the applicable rates, conditions of carriage, tickets, vouchers, international conventions and agreements. The conditions of this section also benefit Tourika’s agents, agents and employees.
EXCURSIONS AND VISITS À LA CARTE
The Customer may wish to participate in excursions, sightseeing tours and optional activities (collectively, the “excursions”) that may be offered by Tourika on behalf of local suppliers for an additional fee. These excursions are purchased by the Customer at its own risk, and Tourika cannot be held responsible for the quality or safety of these excursions, which are operated by a third party supplier and for which the safety standards may differ from those in force in the Customer’s country of origin. Any verbal or written contract concerning such excursions is presumed to be concluded directly between the Client and the third party supplier and is at the Client’s risk for any loss, damage or injury that may occur during or after such excursions. Tourika cannot be held responsible in any way for any complaint or claim arising from participation in these excursions.
COMMENTS AND COMPLAINTS
In the event that any problem occurs at destination, the Client must immediately notify the accompanying guide or the emergency number provided. Alternatively, the Customer may notify either the local representative, the hotel manager or Tourika directly by email at the following address: email@example.com. If the problem cannot be resolved on site, the Customer may send written comments or complaints to his travel agent or Tourika within 30 days of his return from the trip.
This contract is deemed to have been entered into and governed by the laws of the Canadian province in which the departure takes place. The invalidity of any of the clauses stipulated herein shall not have the effect of cancelling or invalidating these general terms and conditions.
Tourika reserves the right to refuse access to the bus to any person whose behaviour, language or level of intoxication (alcohol, drugs, etc.) may inconvenience passengers or Tourika representatives, or pose a threat to the safety of passengers, the driver or Tourika representatives. In the event that the right of refusal is exercised during the journey, the portion of the journey not made cannot be refunded and any redemption of tickets is at the customer’s expense.
VERBAL / PHYSICAL AGGRESSION
Passenger safety is one of Tourika and its partners’ fundamental values, which is why no verbal and/or physical abuse will be tolerated. The offending parties will be immediately removed from the group(s) and the police services will be notified. It should be noted that all attacks that are illegal are therefore subject to legal action by Tourika or one of its partners but without limiting its employees and service providers.
WITHDRAWAL OF A GROUP DURING A TRIP
Tourika may be required to remove the offending persons during a trip outside his province of departure. If such a situation would be to be of order, Tourika or its partners would not be responsible for repatriating/reimbursing/compensating those at fault. Any steps following such actions would be supervised with the police forces.