1. Tour Proposal/Itinerary

At the request of the Tour Operator and its customers, Visit-Canada has prepared a Tour Proposal based on the itinerary that you have requested has been attached and forms part of this Agreement and describes the travel services and inclusions offered, the proposed itinerary and the applicable price. Any change, addition or reduction to the travel services described in the Tour Proposal requested by the Tour Operator will not be effective unless accepted and confirmed in writing by Visit-Canada. Such change, addition or reduction to the travel services may result in a price adjustment to the Tour Proposal. Visit-Canada reserves the right to substitute travel services described in the Tour Proposal with comparable travel services offered by other suppliers.

Unless otherwise stated, all prices in the Tour Proposal and this Agreement are net and quoted in Canadian or American dollars or in Euros, as specified hereunder, and include all applicable local, provincial and federal taxes and gratuities for lodging, meals, activities and baggage handling, if applicable. Gratuities for tour escorts, local sightseeing guides and bus drivers are not included in the Tour Proposal, unless otherwise specified.

• List of Group Members and Final Rooming List

All rooming lists are due sixty (60) days prior to arrival. If the rooming lists are not received by the required due date, the suppliers may release all group space and the Tour Operator acknowledges that Visit-Canada will bear no liability for the loss of such availability. Cancellation fees incurred at rooming list time due to significant passenger reductions will be passed on to the Tour Operator.

• Additional or Reduction of Group Members

Any request made after the final rooming list to add/remove one or more member(s) to the group (the “Additional/Reduced Group Member(s)”), will be subject to the availability of the travel services. If the addition/reduction of group member(s) is possible, an e-mail will be forwarded by Visit-Canada to the Tour Operator confirming the Addition/Reduction of Group Members including a revised invoice. The terms of this Agreement will apply to such Additional/Reduced Group Member(s) and a deposit may be due once the addition/reduction is signed and returned to the Tour Operator by Visit-Canada.

Visit-Canada reserves its right to have the Tour Operator pay an additional deposit following a request by any supplier or for an Additional/Reduction of Participant(s) (the “Additional Deposit”).Visit-Canada will issue an invoice to the Tour Operator for the group based on the rooming list received, the Tour Proposal as well as Additional Group Members thereto. The full and final payment by the Tour Operator, thirty (30) business days prior to the arrival of the group in Canada. In the event the final rooming list is not received by Visit-Canada timeframe stated above, an invoice will be issued to the Tour Operator based on the number of within the rooms being held. In the event of changes, additions or cancellations of group members and/or travel services after the issuance of this invoice, a revised invoice will be prepared and forwarded by Visit-Canada to the Tour Operator that is to be paid upon receipt. Any reservations booked less than thirty-five (35) days prior to the group’s arrival in Canada, must be paid in full at the time of booking.

Changes made to the final rooming list thirty-five (35) business days or less prior to arrival will not be binding on Visit-Canada unless the latter has accepted them in writing and additional fees and charges may apply.

The price payable by the Tour Operator to Visit-Canada for the group will be based on the final rooming list submitted plus any Additional/Reduced Group Members. Changes made to the final rooming list will not be binding on Visit-Canada unless it has accepted them in writing and additional fees and charges may apply.

Children eleven (11) years of age or younger at the time of arrival to Canada will be charged a child’s rate provided each child is accompanied by a fare-paying adult. Children’s rates may be limited on a tour at the discretion of Visit-Canada. Proof of age may be required upon check-in.

All payments to Visit-Canada shall be made in Canadian currency CAD (or US or EURO (€) if provided for in the Tour Proposal) by wire transfer or bank draft to one of the following accounts provided with reference to the Visit-Canada file number, group ID, invoice number and the travel services paid.

Should Visit-Canada not receive from the Tour Operator the Additional Deposit, Visit-Canada will not be obliged to reserve the travel services with the requesting supplier for said group or for an Additional/Reduced Participant and Visit-Canada will not be held liable for any damages resulting therefrom.

• Cancellation by Tour Operator

Following are the applicable cancellation periods (in days prior to arrival in Canada) and cancellation fees per person or for the entire group, as the case may be, in the event of cancellation of this Agreement by the Tour Operator. The cancellation fee will be calculated based on the date received by Visit-Canada of a written notice from the Tour Operator confirming such cancellation. In addition, should the said cancellation cause a reduction in the size of a group, a price increase may result for the other group members that will travel.

In the event that the Tour Operator cancels only part of the travel services described in the Tour Proposal for the entire group, the applicable cancellation fee shall be calculated on the amount of the travel services cancelled using the percentages set out in the chart below.

A.    Cancellation of an Entire Group

• Cancellation of an Individual Group Member

Any of the following events or circumstances shall result an event of default of the Tour Operator under this agreement:

1. ;

In any such circumstances, should any event of default not be cured within forty-eight (48) hours after a written notice is forwarded by Visit-Canada to the Tour Operator, Visit-Canada will have the cumulative rights to terminate this Agreement, cancel any reservation made with the suppliers for the travel services in connection with the Tour Proposal, retain any deposit or payment received from the Tour Operator as liquidated damages and exercise any rights it may have under law to recover any damages and costs it may have suffered as a result of such termination. The Tour Operator acknowledges that in the event of any termination pursuant to this section it will release Visit-Canada from any claim it may have against it in connection to this Agreement or the provision of travel services.

• Limitation of Liability and Force Majeure

Visit-Canada retains the services of various suppliers that operate in accordance with their own specific terms and conditions by which Visit-Canada and its clients are bound and the suppliers’ liability may be limited by their respective tariffs, conditions of carriage and the laws of the country in which services are supplied.

Visit-Canada shall not be held liable for failure or delay in the performance of part or all of its obligations hereunder or for any claim, injury, loss or damage incurred by the Tour Operator or any group member or with respect to their property resulting from:

1. an Act of God or a situation of force majeure;
2. any acts or omissions of any supplier rendering services to the group members;
3. any breach of contract by the Tour Operator;
4. failure by the group member to ensure that all required travel documents/visas have been obtained and are in order;
5. failure by the group member to comply with instructions regarding namely flight departure or luggage requirements;
6. government action or decision, natural disasters, public health emergency, pandemic, quarantine or any factor beyond Visit-Canada control;
7. cancellation or delay of a flight or a tour, change of itinerary, or expenses resulting from lost or damaged luggage;
8. any excursions purchased at destination; and
9. any missed flight connections by a group member.

Visit-Canada liability with respect to any claim made pursuant to this Agreement or further to the provision of travel services to group members or the Tour Operator hereunder, shall not exceed the amount actually paid to Visit-Canada for such travel services and no consequential or punitive damages may be claimed by the Tour Operator from Visit-Canada in connection with any claim it may have hereunder. The Tour Operator shall indemnify Visit-Canada against any claims made by a third party including a group member as a result of any default by the Tour Operator to comply with its obligations hereunder or in connection with any contract executed by the Tour Operator with the group members.

• General Information

a)       Gratuities

In Canada, it is customary to tip approximately fifteen to twenty percent (15%-20%) in restaurants, lounges, etc., if satisfactory service has been provided. It is also customary for customers to offer a tip for the tour guide and driver (usually four to five dollars ($4.00-$5.00) each, per person per day ) as well as for city tour guides when applicable (usually three dollars ($3.00) per person). However, tips are not obligatory and should reflect the customer’s degree of satisfaction relative to services.

b)       Passports

A passport valid for six (6) months beyond the date of return to your country might be required to enter to Canada. Canada requires entrance visa or an Electronic Travel Authorization (ETA) for nationals of certain countries. One parent travelling with a child under eighteen (18) years of age may have to obtain a notarized letter of consent or an affidavit signed by the parent not travelling. The group leader and the group members are responsible for checking which travel documents are required and must obtain and have all the necessary documents in hand prior to departure. A group member who fails to provide the required documents may be denied boarding or entry into Canada by governmental authorities without further recourse or possibility of refund. Please check with the consulate or the Canadian embassy in your home country or consult the Government of Canada website www.travel.gc.ca.

c)       Rooms

Hotel rooms in North America have a maximum of two (2) beds. A single room will have one single bed or double bed. A double room will have one (1) double bed. A twin room will have two (2) single or double beds. A triple and a quad room will have two (2) double beds.

d)       Luggage allowance

Group members are each allowed one (1) piece of luggage on escorted bus tours. Luggage remains the personal responsibility of each group member. Luggage lost or stolen during your trip should be reported to the front desk of the hotel immediately and to the Visit-Canada escort. Visit-Canada will not be liable for lost or damaged luggage.

e)       Special requests

Special requests, such as special meals, wheelchair-accessible rooms, non-smoking rooms, room locations and bed preferences cannot be guaranteed by Visit-Canada. However, all reasonable effort will be made to reserve the services as requested.

Special consumer travel care and assistance is not available in every destination or accommodation. Some suppliers and hotels may not be properly equipped to handle physically challenged travelers, for this reason, the Tour Proposal set out herein is not recommended for travelers requiring assistance. All travelers who require special attention, treatment or are obliged, for medical reasons, to travel with a companion, must provide Visit-Canada with a letter signed by their doctor stating that they are able to take full advantage of the proposed Tour Proposal and get about without the assistance of another traveler. Visit Canada reserves the right to refuse passage to travelers not likely to be able to complete a trip or for whom such a trip could prove dangerous to either themselves or others around them.

• Travel Insurance:
  Travel Insurance is Mandatory. Insurance may be purchased through Visit Canada or by a third party. Proof of insurance must be provided before date of departure.

• Governing Laws

This Agreement shall be interpreted and governed by the laws of the Province of Ontario, and to the extent they are applicable, the laws of Canada. The parties hereto submit to the exclusive jurisdiction of the courts of the Province of Ontario or the Federal Courts sitting in the judicial district of Toronto in the Province of Ontario.

Visit-Canada.ca is a division of FLYGTA Airlines (FLYGTA INC.)