| For purposes of these Terms & Conditions the words “you,” “your,” “passenger” and “cardholder” refer to each person who books or otherwise purchases or receives goods and services arranged through Sunquest. The words “Sunquest,” “our” and “we” refer to Thomas Cook Canada Inc., its parents, subsidiaries, affiliates and agents. Sunquest makes arrangements with suppliers who provide travel services such as air travel, cruises, hotels, buses, sightseeing, car rental or other activities included in your booking. The travel services are subject to the conditions imposed by these suppliers, and their liability may, in turn, be limited by their tariffs, conditions of carriage and international conventions and arrangements. Sunquest does not own, manage, operate, or control any vehicle, hotel, resort, cruise ship, restaurant, or other supplier of services, and is not responsible for their acts or omissions. Please read and ensure you understand these Terms & Conditions before booking your vacation. When you book or otherwise receive services through Sunquest, you are accepting and agreeing to the Terms & Conditions listed on these pages. How To Make A Booking: Simply call or visit your travel agent and they will contact Sunquest for reservations. Payment Requirements: Where a vacation is booked 45 days or less before the departure date – full payment is due immediately. Otherwise, a non-refundable deposit of $250.00 per person plus applicable insurance is due immediately on booking and the balance or final payment is due no less than 45 days prior to departure date. The deposit is due at the time of booking and is non-refundable. Sunquest reserves the right to cancel a booking where any payment is not received within 5 days of its due date. Online bookings require full payment at time of booking Credit Cards: When a credit card is used to confirm and pay for a booking, you, the passenger, and/or the cardholder give consent to Sunquest for the card’s use. Cancellations: If you need to cancel your booking, you must notify your travel agent immediately. Cancellation charges are calculated based on the date that Sunquest receives notice of cancellation. Cancellation charges 45 days or more prior to departure date Full deposit 44 days to 21 days prior to departure date 50% of total price** 20 days prior to departure date to any time including on and after departure date 100% of total price** ** Total price is all money due and/or paid to Sunquest The cancellation charge compensates Sunquest for damages arising from cancellation, including, among other things, prepayment made on booking of travel and other services and administration costs involved in processing a cancellation. By booking a vacation you agree that the cancellation charge is a genuine estimate of damages to Sunquest of any cancellation and is not a penalty. Sunquest may arrange for the resale of any holidays you cancel without refund to you. Changes to a Booking: Changes to a confirmed booking can only be made prior to 45 days before departure. An administration fee of $25.00 per person plus GST/HST will be charged for each change. You will also be responsible for any price increase on goods and services from the original reservation date to the date of change. No price adjustments shall be made if the price for such goods and services has decreased. If a change is made to the room occupancy, including the addition to or reduction of the number of occupants, you will be responsible for any resulting increase in price. Name change requests may be denied due to hotel policy and conditions. Requests for changes less than 45 days before departure will not be accepted and will make the booking subject to full cancellation charges. Name changes or name corrections within this period will be treated as a cancellation and rebooking. Group Bookings: Please note that cancellation charges and change fees for groups may differ from those above and will be in accordance with the group contractterms and conditions. Special Requests: Sunquest cannot guarantee specific requests such as room location, adjoining rooms, bed preference, etc. While Sunquest will attempt to advise service providers of such requests, it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied. Special in-flight meals are not available on WestJet.Jet. Children: Unless otherwise stated, children’s prices are restricted to those 2-11 years of age at the time of departure and only when sharing a room with 2 full paying adults. Infants: Passengers under the age of 2 for the duration of the holiday are considered infants and will fly free of charge (1 infant per adult allowed). A reservation, however, is required for each infant. Please note that infants are not assigned a seat and are not allotted baggage allowance. If an infant turns 2 years of age during the vacation, an airline ticket must be purchased for his or her travel to and from the destination. Customs & Immigration: Customs and/or immigration officials can deny a person entry into their country at their own discretion. A previous criminal record could be an obstacle in international travel. Sunquest cannot be held responsible for denied entry under any circumstances. Documentation: It is solely your responsibility to obtain, at your own expense, all the documentation required by relevant government authorities for the purpose of your holiday. This includes the documentation required by both the government authorities in your holiday destination as well as any jurisdictions which you may transit through en route to your holiday destination. Required documentation may vary depending on citizenship status. Special documentation may be required for minors travelling alone; for children who have a different surname than the adults who accompany them; or for single parents travelling with children. Prior to departure, you should check with your travel agent and/or the relevant consulate about what documentation is required. A valid passport is required for most destinations. Some countries require passports to be valid for up to six months beyond your return to Canada. For information on the Canadian Government Passenger Protect program, please visit www.passengerprotect.gc.ca. Landed immigrants without Canadian citizenship or a Permanent Resident Card may be denied boarding upon return to Canada. In the event that a passenger does not possess the documentation required by the government authorities at the holiday destination, or jurisdictions transited through en route to the holiday destination, or by the airline, passage or entry to the destination or transit jurisdiction may be refused. If passage or entry is refused, Sunquest will not be held liable and will not issue any refunds. Tickets: 1) Tickets are available 30 days prior to flight departure. All tickets and vouchers are produced in electronic format and will be forwarded to your travel agent. Please reviewfor accuracy. E-documents must be presented along with proper identification (see section on Documentation) at check-in for departure flight, return flight, and for other purchased services such as hotel accommodations and car rentals. 2) For bookings made within 72 hours of flight departure, e-tickets will be available from our representative at our airport counter prior to check-in. 3) All e-tickets are valid only for the flight purchased and cannot be exchanged for other flights or departure times. 4) If an e-ticket is lost in destination, there will be a $25.00 administration fee charged for a replacement. Please contact your local Sunquest representative. Flights and Carriers: All flight times, flight itineraries, carriers and aircraft types are subject to change with or without notice.¿The carriers and Sunquest also reserve the right to add en route stops. It is recommended that you contact the airline within 24 hours of departure to confirm your departure time. It is also recommended that you arrive at the airport 3 to 4 hours prior to departure to allow sufficient time for check-in and security clearance. Airline cut-off time is 60 minutes. Please check with the airline directly. You agree that Sunquest cannot be held responsible or liable if you miss your flight or are denied boarding. If you book air only, you must provide your contact number at your destination to your travel agent and the local Sunquest representative so you may be advised of any changes to your return flight. Failure to do so may result in you missing your flight and you agree that Sunquest cannot be held responsible or liable for any resulting expenses. Carriage and service performed and tickets issued are subject to the terms referred to on such tickets, the rules relating to liability by the Warsaw Convention (as amended), The Athens Convention, The London Convention and The Montreal Convention and these Terms & Conditions. Sunquest makes arrangements with Westjet. Air transportation complaints are solely the responsibility of the airline concerned. You agree that Sunquest cannot be held responsible or liable for expenses, lost wages or missed vacation time due to flight time changes and/or delays. Baggage: Please check your e-tickets for baggage allowance information. There may be charges for excess baggage. Please contact the airline for more details. All baggage remains at your own risk throughout the trip. Due to security restrictions, liquids and gels, as well as many other items, are not permitted in carry-on luggage. Prescription medications should be kept in the original container and packed in carry-on luggage. Please check with the airline prior to departure for the most up-to-date regulations in order to avoid items being confiscated at security. In the event that your baggage is delayed at your destination or upon your return home, please contact the airline representative before leaving the airport. Failure to do so will invalidate your claim. Independent contractors over which we have no control perform baggage handling and we cannot assume responsibility for loss of, or damage to, baggage or other possessions. Due to the carrier’s limit of liability, please do not check valuable items such as jewellery and cameras. Please also limit the valuables (including electronic equipment) you take with you on holiday and use the safety deposit boxes provided at hotels or on cruise ships. Please ensure you have adequate insurance to cover your belongings throughout your holiday. Connecting Flights: If you have a connecting flight, you should allow ample time (minimum 3 hours or overnight) between flights. Sunquest cannot accept any responsibility for additional charges incurred for airfares or other expenses due to missed flights, irregular air operations or flight time changes Local Transfers: If you have booked a package holiday (air & hotel) the roundtrip transfers are included. A Sunquest Representative with a Sunquest sign will be waiting for you (with your name, booking number & welcome card) to take you to your hotel. It is not uncommon to be approached by taxi drivers misrepresenting themselves as Sunquest to get you to buy transport to the hotel or by time share sales people offering you free transport or tours in exchange for your attendance to one of their meetings. Your transportation is already prearranged by Sunquest so please proceed directly to the Sunquest representative. On your return, please be ready to depart your hotel at the designated time indicated in the Sunquest binder/bulletin board or advised by the Sunquest representative. There is no reimbursement for missed transfers. Sunquest Representative & Problem Handling: After arrival, at most hotels the representative will give a welcome briefing to provide important information about your travel arrangements and resort area. This service is not provided at certain hotels such as Sandals and SuperClubs resorts or at hotels with smaller groups of passengers. In this case, passengers will be provided with our local office contact information. If you have any questions, queries or problems while at your destination, please contact the local representative and/or hotel directly. Failure to report your concerns may preclude your right to a claim.. Notice to Travellers: Please be aware that different living standards and practices exist outside of Canada, including but not limited to provision of utilities, i.e. water and electricity, accommodations, services of all kinds, food, food preparation, water quality, security, insects, wildlife or weather conditions. You agree that Sunquest shall not be responsible or liable for any loss, damage, illness or injury you may suffer as a result of such different living standards and practices. It is not uncommon to suffer from travellers’ diarrhea when travelling. The Public Health Agency of Canada recommends that you visit your family doctor or a travel medicine clinic prior to departure to advise you on precautions. Please check the Foreign Affairs & International Trade Canada website at voyage.gc.ca for information specific to your destination before you travel. All hotels undergo routine maintenance and renovations. Certain resort areas are undergoing major growth with ongoing construction and Sunquest is not responsible for any resulting inconvenience. At brand new hotels, some facilities may not be completely operational. Landscaping and other finishing touches may be continuing during your stay. If Sunquest is advised of any significant work that will be ongoing during your stay or of any major facilities that will not be available, we will try to advise you prior to departure through notice to your travel agent. Travel Insurance: It is strongly recommended that all travellers obtain adequate insurance coverage to protect themselves should they be obliged to cancel a holiday due to health problems or unforeseen circumstances. You may purchase such insurance from your travel agent at the time of booking. You may also wish to purchase medical insurance. You agree that Sunquest shall not be responsible or liable for health problems that may arise or become aggravated while travelling or at your destination. Standards of medical care may differ from those in Canada. Treatment may be expensive, payment in advance may be required and provincial health care coverage may be limited. Cancellation of Services: In the event that certain services are cancelled, Sunquest will have no responsibility beyond the refund of all monies received by Sunquest for such cancelled services, which will be deemed to constitute full settlement of any claim you might have against Sunquest for the cancellation. Alteration of Services: Advertised facilities may occasionally be modified or unavailable. We will advise you or your travel agent of any description changes, if known, prior to departure. Sometimes major changes to your holiday arrangements may be required due to circumstances beyond our control, such as hotel overbooking, unexpected maintenance problems or due to market conditions. Major changes may include change of destination, change of departure or return by more than 24 hours, change of itinerary, change of hotel, ship or accommodation standard. In these circumstances, Sunquest reserves the right to substitute hotel and other arrangements for arrangements of comparable value without notice or liability. Force Majeure/Act of God: Sunquest is not responsible or liable for changes or cancellations made that relate to or arise as a result of hostilities, acts of war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics or health risks, technical problems with transport as well as flight delays due to weather or for mechanical reasons, government action, closed or congested airports or ports, supplier insolvency, governmental acts and other events beyond our control. The National Hurricane Center in Miami considers June 1st to November 30th inclusive Hurricane Season. This must be taken into consideration when you book your vacation. You agree that Sunquest does not assume any responsibility, and is not liable, for the costs or other consequences that arise out of or result from inclement weather conditions at any time of the year. Hotel Ratings: Star ratings are our opinion and can differ from official gradings. Our rating is relative to general standards in each destination, so our four-star hotel in one destination can be different to our four-star hotel in another. Ratings are based on many factors including hotel location and facilities as well as feedback from our customers and staff. Facilities & Services: Hotels may curtail or alter some facilities without notice, usually for purpose of ongoing maintenance and improvement. You agree that Sunquest shall not be held responsible or liable if, due to the acts or omissions of others, some services, bonus features or facilities described in this brochure, cease to be available or are not working. The behaviour of other guests and the cancellation of services for any reason are beyond Sunquest’s control. Some destinations cater to or attract student spring breakers. In Latin countries, Easter is a popular time for local families to also enjoy hotels. All efforts are made to ensure accuracy at the time of publishing this brochure Descriptions and photographs are representational ¿only and are not a guarantee that everything will be exactly as depicted at the destination. You agree that Sunquest shall not be held responsible or liable for modifications that can take place after publication, including damage or beach erosion due to storms or tidal conditions. Services such as à la carte dinners, daily activities programs, spa services and bonus features are on a first-come, first-serve basis and may require reservations. Certain services and activities may be withdrawn by the hotel for reasons such as weather conditions and number of participants. All withdrawn features are non-refundable. Spa services are at additional charge unless otherwise stated. Room upgrade bonus features are subject to space availability at check-in and cannot be guaranteed prior to your arrival. Bonus features do not have a cash value. Hotel Check-in & Check-out: Due to hotel housekeeping requirements, regardless of flight times, hotel check-in is normally after 3:00 pm on the day of arrival. Hotel check-out time is normally 12 noon. All-inclusive privileges begin at check-in & end at check-out. Unused Services: No refunds or adjustments will be made to you for portions of your vacation not taken or used . Local Excursions/optional tours: All Excursions sold locally in destination by the Sunquest representative are subject to the local cancellation policy as each tour is operated by independent suppliers. Prices & Cost Increases: All prices, unless otherwise stated, are per person based on two adults sharing one hotel room. All prices advertised in this brochure are in Canadian dollars and do not include GST/HST (where applicable) and taxes. The prices advertised in this brochure are based on fixed costs at the time of publication. These costs are dependant on fuel costs, rate of exchange and/or other factors. Sunquest reserves the right to increase the price. Should the price increase be greater than 7%, you have the right to cancel the contract for travel services and obtain a refund of all monies paid to Sunquest, unless the price increase is the result of government taxation or fuel surcharge allowed by the Canadian Transportation Agency. Every effort will be made to advise your travel agent of any price increase at least 15 days prior to your departure date. In the event of an error in published rates, you will be given the option to accept the change or to cancel for a full refund of all monies received by Sunquest. ¿Prices may be adjusted in response to market conditions or other factors and may change at any time. Changing conditions require a response to booking trends that cannot be foreseen and may result in price increases or decreases depending upon the specific product and dates of travel. Price reductions made in response to market conditions are offered as an incentive to new bookings only. For Residents of the Province of Quebec: The price for the travel services provided hereunder may be increased following the imposition of a surcharge on fuel by the air carrier, or an increase in the exchange rate insofar as the exchange rate applicable 45 days before the date of departure has increased by more than 5% since the date of this contract. If any such increase is equal to or greater than 7% of the price of the travel services, without taking into account any increase in the Quebec sales tax or federal goods and service tax, you may choose to cancel this contract and to receive a full refund of any amounts paid. There shall be no increase in the price of travel services within 30 days of your departure date. Special Needs Passengers: We welcome customers with special needs. ¿Any special services required such as separate transfers must be advised to Sunquest at time of booking so we can determine the availability and cost of such services prior to confirming the booking. Although reasonable attempts will be made to provide the services requested, Sunquest does not guarantee that the airport, transfer vehicles and/or accommodations while in destination will be wheelchair accessible. Facilities for special needs passengers in hotels may be limited. Services required for a passenger with special needs may not be available and/or subject to local surcharges or advance payments. Please check with your travel agent prior to booking. Notice of Claims: You must notify Sunquest, in writing by registered mail, of any claim you may have, or claim to have, against Sunquest, within 30 days from the event giving rise to the claim. Should you not file a written complaint with Sunquest within 30 days from the end of your vacation, you will be presumed to be satisfied with the services received and to have waived any and all claims that you may have had against Sunquest. Sunquest will not respond to any claims or demands made after the expiration of the 30-day delay. You may not commence any legal proceeding against Sunquest unless you have submitted a notice as set out above. Under no circumstances shall Sunquest be liable to you for an amount in excess of the total amount paid to Sunquest for your vacation. Air Only & Government Approval: All flights for Inclusive Tour Charter (ITC) holidays and air-only Advanced Booking Charter (ABC) flights are operated pursuant to the rules of the Canadian Transportation Agency and such flights are subject to approval by the Agency on behalf of Sunquest. Compliance: You agree to comply with any reasonable instructions issued by Sunquest or its representatives during your vacation. Applicable Law: Regardless of your holiday destination, any dispute between you and Sunquest shall be interpreted in accordance with the laws of the place of your departure from Canada and international conventions and agreements referred to herein. Notice: No agent or representative of Sunquest or any other service provider has the authority to modify or waive any provision of these Terms and Conditions. Arbitration: Any claim or dispute (including, without limitation, any unresolved claims concerning any services booked through, or provided by, Sunquest and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your purchase of a holiday, or the goods and services provided by or through Sunquest, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement Administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Sunquest’s Responsibility: The travel services provided are subject to the Travel Industry Act (ON), Travel Agent’s Act (BC), Travel Agent’s Act (QC) or any other similar act enforced in the province of residence of the purchaser or in the province where a vacation was purchased from Sunquest and Regulations thereunder and are subject to the conditions imposed by the suppliers and such suppliers’ (and Sunquest’s) liability is limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements, as amended (eg. The Warsaw Convention, The Athens Convention, The London Convention and The Montreal Convention). You agree that Sunquest shall not be responsible or liable for, and you hereby waive any claim arising out of or relating to, any loss, damage, injury or illness whether physical or mental, resulting from any delay, substitution of equipment, or any act, omission, negligence or commission of any third party supplying any of the services or accommodation herein, its agents, servants, employees, subcontractors, or for any claims for such loss, damage or injury, whether physical or mental, arising therefrom, or from any cause that arises by reason of actions of parties other than Sunquest. Sunquest reserves the right to decline any passenger as a member of these tours at any time. Privacy Policy: Sunquest is compliant with the Personal Information Protection and Electronic Document Act (P.I.P.E.D.A.) that went into effect January 2004. A copy of our policy can be found at www.sunquest.ca or by contacting our Privacy Policy Office at the address listed below. Sunquest is a wholly-owned division of Thomas Cook Canada Inc. 75 Eglinton Ave. E., Toronto, ON M4P 3A4 Ont. Registration Number: 50012702 333 Seymour Street, Suite 900 Vancouver, BC V6B 5A6 BC Registration Number: 3597 1257, rue Guy, 3rd Floor Montréal (Québec) H3H 2K5 Quebec Registration numbers 800505, 702734 Severability: The invalidity of any provision contained herein does not affect the validity of any other provision listed. Miscellaneous: Prices are valid at time of publication for departures November 1, 2012 to October 31, 2013. All prices are subject to change without notice |