Tropical Dreams Travel arranges travel services with independent third parties, such as airlines, transfer companies, baggage handlers, cruise lines, hotels and other independent suppliers to provide you and others listed on this Form, with the travel services purchased. Tropical Dreams Travel exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Tropical Dreams Travel does not control these independent suppliers and cannot be held responsible for their performance or lack thereof. Tropical Dreams Travel is not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, agent, employee or sub-contractor supplying any of these travel services. Tropical Dreams Travel is not responsible for consequential damages or special damages suffered by you or others listed on this Form, even in circumstances in which Tropical Dreams Travel is aware of the reason you or others listed on the Form are using the travel services, including circumstances in which you or others listed on the Form arrive at a destination later than expected and/or are unable to use any travel services on the Form, whether the travel service is included in the price or not.
Limitation of Agent Liability:
Tropical Dreams Travel’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid by you or others listed on this Form, in relation to which any claim by you or others listed on this Form, is made.
All travel services are subject to the terms and conditions imposed by the supplier of the travel services, including airlines, hotels, restaurants, places of entertainment, tour operators. These travel services are subject to charges and/or restrictions for any changes or cancellation. Refunds, in whole or in part, for unused travel services are subject to the terms and conditions of those suppliers. Tropical Dreams Travel shall only be responsible for refunding the net amount recovered from the travel service supplier, less amounts expended to provide alternate services and its other related expenses. You acknowledge that you or others listed on this Form may be required to provide credit card information to the supplier directly to confirm the reservation. Charges processed by a supplier will appear on your or others listed on this Form credit card statement. All costs including fares, taxes, and surcharges are subject to change without notice until full payment is received by Tropical Dreams Travel. Price increases are permitted unless booking is paid in full. If the total price of the travel service is increased and the cumulative increase, except any increase resulting from an increase in retail sales tax or federal goods and services tax, is more than 7 percent, you have the choice of a full refund or comparable alternate travel services. (TICO-Ontario). Your Receipt/Invoice may include charges from Tropical Dreams Travel for administration fees which are non-refundable. Additional fees and/or restrictions may apply to reservation changes and/or cancellations.
Collection Personal Information:
You confirm being at least 18 years old and legally capable of requesting Tropical Dreams Travel to make a booking for the travel services for you and other others listed on this Form.?You agree to provide a copy of these Terms and Conditions, and any changes to them, to others listed on this Form before paying for this booking.?You acknowledge that you and the others listed on this Form, have been directed to review the terms and conditions of the suppliers of the travel services listed on this Form, including including airlines, hotels, restaurants, places of entertainment, tour operators, including baggage allowances, check-in times, and advised that any questions you and others listed on this Form have about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier.?You and others listed on this Form, are responsible for ensuring that they have all necessary travel documentation, including a passport (valid until 6 months after the expected return date), or If you are travelling on a passport other than your Canadian passport (please advise your travel agent immediately),
visas, parental consents to travel with minors required by any destination to which they are travelling or through which they will transit and pardons with respect to any criminal conviction.? You and others listed on this Form, acknowledge that even with possession of the required documentation and information s/he may be refused entry into a country at either the point of departure or arrival.?You and others listed on this Form, acknowledge that the destination(s) to which they are travelling may have living standards and practices and standards and conditions with respect to the provision of utilities, services and accommodation, that may differ from what they are used to at home.?You are responsible for notifying Tropical Dreams Travel of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of you and others listed on this Form, at the time of completing this Form. Tropical Dreams Travel will make travel suppliers aware of such requests and you shall be responsible for any additional costs for such requests, however Tropical Dreams Travel shall not be responsible for any failure by the travel suppliers to provide such services.?You acknowledge that a credit card is required for each room at the time of check in at a hotel and a preauthorized amount will be held by the credit card company in favour of the hotel until check out to cover any damages and/or incidental amounts charged by you or others listed on this Form during the stay. You also acknowledge that failure to present a valid credit card and permit the preauthorized amount to be charged to the credit card will result in the reservation being cancelled by the hotel.Tropical Dreams Travel shall not be liable for any damage or loss suffered by you or others listed in this Form, including the inability to use any of the travel services, as a result of failing to comply with any of the obligations in this section.
Covid-19 Terms & Conditions
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE that I, and everyone who is a part of the booking I am going to make with Tropical Dreams Travel is waiving certain rights and I acknowledge, for myself and everyone who is part of the booking, that:
* Covid 19 is active, worldwide, with associated health risks and restrictions that could, without warning, affect and cause significant disruptions, cancellations and changes to any and all travel arrangements, by way of Covid 19 outbreaks, sudden border closures, quarantine and lockdown orders, airport closures, government travel advisories, return-home directives, hospitalization for treatment and other similar consequences; and consequences not reasonably foreseeable at this time (collectively referred to as the “Covid 19 Risks”);
* I/We, who is a part of the booking have had professional advice as to personal health condition and medical needs and I warrant that I/We, who is a part of this booking is fit to travel; and
* Any travel insurance policy obtained by me or anyone else who is a part of the booking, may not include insurance coverage for travel service cancellations, interruptions financial, medical or other Covid 19 Risks, and all types of coverage must be confirmed with the travel insurer.
NOTWITHSTANDING THE ABOVE, I/We, who is a part of the booking, have decided to proceed with the travel arrangements that I am asking Tropical Dreams Travel to book for me/us and I/we agree that:
* By going ahead with the travel arrangements, I/we voluntarily assume all the Covid 19 Risks and other risks involved with such travel, whether those risks are expected or unexpected;
* In the event that some or all of the travel arrangements are cancelled, interrupted or otherwise affected by the Covid 19 Risks, my/our rights and remedies shall be as determined and limited by the cancellation, rebooking, refund and other policies and the terms and conditions of the supplier of the affected travel service, as set out in its brochures and/or websites, all of which have been referred to me by Tropical Dreams Travel;
* In no circumstances will the Tropical Dreams Travel, its employees, directors, contractors, and agents, be liable to me/us, or any other person, for any refund, loss, damage, delay or injury resulting from any cancellation, interruption, or other event or a failure of any supplier to provide any travel service to me/us, or for any other breach of contract or the intentional or careless act or omission of any supplier of any such travel service;
* I/we hereby waive all and any rights or claims that I/we, our heirs, assigns or any other person may have against Tropical Dreams Travel arising directly or indirectly from the occurrence of any Covid 19 Risks, or the failure, whether negligent or otherwise, of Tropical Dreams Travel to inform of any Covid 19 Risks or precautions to take or required documents;
* I/We, understand that it is my responsibility to check the latest travel information regarding this virus outbreak with the CDC. https://wwwnc.cdc.gov/travel/notices
* I/We am/are aware that additional screening procedures and restrictions may take place at airports and in public areas. I/We am/are aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains or other means of transport.
* I/We am/are aware that Immigration restrictions may be put in place before or during my travels that may impede my ability to enter or exit the destination as planned.
* I/We, understand that it is my responsibility to have travel insurance to ensure I have coverage for all medical needs and trip cancellation, but understand that concerns or fear of travel is not a covered reason for cancellation relating to the Coronavirus/ Covid-19 and will be denied.
* In case I/We, don’t purchase insurance, I hold Tropical Dreams Travel harmless for my decision to not purchase travel insurance for any denial of claim by travel insurer as it relates to Covid-19 or any other claim under the policy.
* I/We, understand that I am bound by the terms and conditions of the insurance policy as it is related to Covid19.
Travel insurance generally only covers unforeseen events. Most insurers classified COVID-19 as a ‘known event’ late January 2020. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place.
* I/We, hold Tropical Dreams Travel harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider, financial loss, quarantining rules or measures put in place at airports or destinations I am traveling through.
* I/We, further agree to hold Tropical Dreams Travel harmless for any financial penalties or fees imposed by the suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider due to cancellations or postponements due to Covid19 and agree not to institute a credit card dispute or “chargeback” to Tropical Dreams Travel for said penalties or fees.
* I/We, am/are aware that it is my personal decision to travel and is doing so with full knowledge of current travel recommendations and travel restrictions with regards to the Coronavirus COVID-19 and takes full responsibility for my actions with regards to this.
* This waiver and release of liability is in addition to the terms and conditions of the Tropical Dreams Travel and the terms and conditions of the suppliers providing the travel services that are part of the booking.
* If any part of this waiver and release of liability is found to be unenforceable that will not affect the enforceability of any other part, each of which is severable from any unenforceable part.
Indemnification by Customer
You undertake and agree to defend and indemnify Tropical Dreams Travel and hold Tropical Dreams Travel harmless, at your sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Tropical Dreams Travel may sustain or incur by reason of:?(a) any breach of these Terms by you or others listed on this Form;?(b) anything stated by you to others listed on this Form that is contrary to any of these Terms and Conditions or the terms and conditions of any travel supplier;?(c) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by you or any one or more of the others listed on this Form;?(d) a claim, demand, suit, etc. made by one or more of the others listed on this Form; and?(e) a claim by a credit card company or other third party dealt with by Tropical Dreams Travel in relation to the booking of travel services for you or others listed on this Form, including any charge back request by others on the Booking or credit card issuer.
In no event shall Tropical Dreams Travel be liable for any failure to perform its obligations or delay in performing its obligations where such failure or delay is due to events beyond its control which prevents the performance of its obligations, including without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services. Where a force majeure event has occurred, performance of Tropical Dreams Travel’s obligations shall be suspended for the duration of the force majeure event, and it shall perform its obligations only when it is possible to do so.?You acknowledge that Tropical Dreams Travel, on behalf of you and others listed on the this Form, will forward funds to independent third party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded.?In any event, the liability of Tropical Dreams Travel arising out of force majeure event shall not exceed amounts paid directly by you or any one of the others listed on this Form, to it, and it shall not be liable for any consequential or indirect damages or legal costs incurred by any party
If any provisions of these Terms and Conditions are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
Law Governing these Terms and Conditions
These Terms and Conditions shall be governed by and construed in accordance with the with the province of the location of the agent.
Forum for Disputes:
You and Tropical Dreams Travel agree that the courts of the province of the location of the agent, shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms and Conditions.
No waiver of any provision(s) of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.