When you book with Estar Travel & Tour Inc
(hereafter “Estar”) the following Terms and
Conditions become part of your contract.
By accessing, browsing or making a reservation
through this website, you expressly accept these
Terms and Conditions, without modification, and
intend to be legally bound by them. To the
extent any travel products and/or services are
booked through us, you agree that these Terms
and Conditions apply to all transactions. Please
read these Terms and Conditions carefully. If
you do not accept all of these Terms and
Conditions, please do not use the website or
make any reservations through our Centre.
ACCURACY OF INFORMATION
Estar makes every effort to ensure the accuracy
of the information contained herein and to the
best of its knowledge all information is
accurate at the time of publication. We try to
ensure that the prices on the website are
accurate, however errors do occur and we reserve
the right to refuse to accept and/or the right
to cancel and refund any booking purchased at
any price published in error. Updates are
published on our website when new information is
made available, however Estar cannot be
responsible for any inaccuracies or omissions
contained herein or for any third party
publications or postings. Information contained
should be verified directly with other available
sources.
PRICING
These prices are dependent on a variety of
variable factors including, but not limited to,
fuel costs, rates of exchange and other factors.
Should these costs increase Estar reserves the
right to increase the price of any of our
holiday products. In the event that any such
increase is in excess of 7% (unless it is the
result of an increase in government tax), you
will be entitled to cancel your travel
arrangements and receive a full refund.
Commercially reasonable efforts will be made to
advise you of any price increase at least 15
days prior to your departure date. All price
increases may reflect administrative costs
incurred. For competitive reasons, Estar
reserves the right to deny a price match
guarantee. Estar sets its prices based on our
costs, as well as anticipated demand. Estar
constantly reviews its prices throughout the
season in accordance with availability and
demand. We reserve the right to increase or
decrease our prices accordingly. To check our
current pricing please consult Estar Sales
Centre or visit our website: www.estartravel.ca.
PROMOTIONS
From time to time Estar advertises promotional
offers which may be available nationally or may
be limited to selected departure gateways,
destinations, ships or hotels. All of these
promotions are time sensitive and therefore have
a commencement and termination date. They are
not combinable with any other promotion that may
be advertised and available at the same time.
All published prices and promotions advertised
and offered by Estar have limited space
availability and may be withdrawn at any time,
with or without prior notice.
CHILDREN & INFANTS
Ages for children's and infant's fares vary from
airline to airline, hotel to hotel and cruise
line to line cruise. Estar recommends that you
consult with our Sales Centre to determine what
the applicable age(s) and/or respective rate(s)
are for children and infants. Upon check-in,
hotels may require proof of age for passengers
with a reservation made at a “child price”. If a
child's age does not comply with the hotel's
policy (e.g. 2-12 years on the last day of
travel) the hotel may charge the child as an
adult and require immediate payment for the
difference between the child rate and the adult
rate. Infants under two years of age at the
completion of travel fly free of charge (one
infant per adult) but still require a
reservation in order to appear on the passenger
manifest although the infant is not allocated an
aircraft seat or any baggage allowance. If you
require a crib at the hotel, it must be
requested at the time of booking and, if
available, the hotel may assess a charge. All
cruise lines require that passengers under the
age of 21 years must be accompanied by a
passenger who is 21 years or older. For most
cruise lines infants must be 6 months or older
to travel in the Caribbean. Age restrictions
vary by cruise line for family groups booking
multiple staterooms – please inquire at time of
booking. Under certain circumstances Estar will
permit the sale of air tickets to Unaccompanied
Minors. For full information on Unaccompanied
Minor policy, please visit relative airlines
website.
PREGNANCY
For rules regarding woman travelling while
pregnant on flight, please visit relative
airlines website for full
information/restrictions. Cruise lines cannot
accept expectant mothers who will have entered a
specific week/trimester of their pregnancy by
the beginning of or at any time during their
cruise. All pregnant women are required to
produce a doctor's or midwife's letter stating
that the mother and baby are in good health, fit
to travel and the pregnancy is not high-risk.
The letter must also include the Estimated Date
of Delivery (EDD). Please check with your Travel
Agent or the cruise line website for specific
cruise line policies.
CLIENTS WITH SPECIAL NEEDS
Clients with special needs who will require
special services or assistance while traveling,
including handicap adapted rooms and/or
wheelchair accessible rooms and/or separate
transfers or separate transfers in an adapted
vehicle, must contact the Estar Special Services
Department at the time of booking or at least 10
business days prior to departure. In order to
ensure that you are properly assisted, we
request that you advise of any and all specific
needs that you may have. This will help us to
ensure that the proper travel arrangements are
made for you to obtain the maximum enjoyment
from your holiday. Please note that additional
costs may be applicable for some or all of the
services requested. Please note that some
foreign destinations may not define or provide
for wheelchair access or transfer vehicles
including adapted vehicles in the same fashion
that we are accustomed to in Canada and that
some hotels may not be able to guarantee or
confirm handicap adapted or wheelchair
accessible rooms prior to departure. Cruise
ships have limited wheelchair accessible
staterooms for which a medical certificate is
required. Passengers with special needs must be
self-sufficient and accompanied by a least one
other passenger who assumes full responsibility
for their well-being at all times. Under certain
circumstances, passengers in a wheelchair may be
precluded from going ashore due to docking
facilities. Reconfirm dietary requirements with
the maitre d' on embarkation day. Please
contact us for further assistance and Special
Services request form. For all other airlines
please visit their website
PACKAGE HOLIDAY INCLUSIONS
Unless otherwise noted, the price of your
package holiday includes round-trip airfare,
hotel and/or cruise accommodation, meals as
described (excluding specialty restaurants on
cruise lines) and one (1) round-trip transfer in
a standard transfer vehicle in destination to
and from the airport and hotel or pier as
selected and cruise port charges and government
fees. The features and the bonus features that
are provided by each hotel or cruise line
(whether on a complimentary basis or not) are
clearly described on each hotel page. Any
features that are temporarily unavailable or
that have been permanently withdrawn for
whatever reason do not have any cash value and
are therefore non-refundable. These features can
be changed by the hotel, cruise line or tour
operator with or without prior notice. If your
package includes a car rental, the lead name on
the booking must hold a valid driver's license.
For full details of the Terms & Conditions of
your car rental, please see below.
COSTS NOT INCLUDED IN YOUR HOLIDAY PURCHASE
All costs for entry visas, passports, health
certificates, separate transfers including
transfers in an adapted vehicle and items of a
personal nature, e.g. laundry, meals and
alcoholic beverages not mentioned in
itineraries, telephone calls, tips and extra
baggage charges, etc. are not included in the
price of your holiday. If your holiday relates
to a cruise holiday, some a la carte
restaurants, casino, medical services, shore
excursions, internet access, spa and salon
services, telephone calls, faxes, onboard
gratuities/tips, alcoholic/specialty beverages
(a mandatory gratuity is added to all beverages
purchased onboard), excess baggage charges and
other costs as described on each cruise line
page, etc. are not included in the price of your
holiday.
HOTEL AND/OR CRUISE SHIP PREFERENCE REQUESTS
Any hotel preferences such as room location, bed
preferences, cruise line dining times, etc. that
are not associated with special needs must be
requested at the time of booking. While we will
attempt to accommodate special requests we will
not be held responsible if such requests cannot
be fulfilled. Please see “CLIENTS WITH SPECIAL
NEEDS” for additional information.
CREDIT CARD POLICY
Tour operator accepts MasterCard, Visa and
American Express credit cards as forms of
payment. If your payment is made using American
Express, Visa or MasterCard, please be advised
that tour operator will appear as the vendor on
your credit card statement. Your authorization
to use your credit card number to pay for travel
services provided by tour operator indicates
your acceptance of our Terms and Conditions,
whether or not you have actually signed credit
card forms. Therefore, by providing your Travel
Agent or tour operator with authorization to use
your credit card to pay for your travel
services you are confirming that you will pay
the total amount charged for those services to
the card issuer according to your cardholder
agreement. Simultaneously you are also
acknowledging your acceptance of our agency and
tour operator Terms and Conditions.
BALANCE OF PAYMENT
Full and final payment must be received by tour
operator 45 days prior to departure, or
immediately for reservations made 45 days or
less before departure with the exception of a
cruise holiday package. If booking a cruise
holiday, full and final payment must be received
by cruise lines 85 days prior to departure, or
immediately for reservations made 85 days or
less before departure.
For Tour operator Promotion or Flex packages,
full payment must be received at the time of
booking and is fully non-refundable. Failure to
pay the full amount due at time of booking will
result in the automatic cancellation of your
booking. Tour operator Promotion or Flex travel
services purchased through us are 100%
non-refundable and no changes are permitted. We
strongly recommends that you purchase travel
insurance to provide you with security and
protection for your holiday.
TRAVEL VOUCHERS
Tour operator travel vouchers may be applied to
the final payment for a future holiday package
with flights and they must be mentioned at time
of booking. If applying to a cruise holiday the
voucher must be applied at least 85 days prior
to departure. Stipulations may apply. Please
refer to the terms and conditions stated on the
travel voucher.
TRAVEL DOCUMENTS
Travel documents for all Tour operator's
programs will not be released until Tour
Operator has received your full and final
payment as per the requirements described
elsewhere in these Terms & Conditions. For
programs that have been designated as
“electronic ticket” programs, your electronic
ticket and voucher will be available for
printing 28 days or less prior to the departure
date. No electronic tickets and vouchers will be
issued prior to 28 days before the departure
date. Visit Tour Operator's website or contact
with us to obtain your tickets and other
important information.
For all
other programs your travel documents will be
forwarded to your Travel Agent approximately 14
days prior to your scheduled departure. Your
airline ticket(s) will contain conditions as
well as the terms of carriage. Please read these
conditions carefully, as they are important to
you and affect your legal rights. Carriage and
service performed and tickets issued are subject
to the terms and conditions referred to on such
tickets, the rules under the Warsaw or Montreal
Conventions (as applicable), and other
applicable laws and regulations.
*Travel documents for Flex packages will be
available for print 24 hours after the booking
has been confirmed.
CRUISE - ONLINE CHECK-IN
Most cruise lines require guests to pre-register
and complete mandatory immigration information
online. Ensure your name appears exactly as
shown on your passport. If the name does not
match, contact your Travel Agent. You will need
your cruise line booking number to access your
record. Failure to provide this information will
result in delayed check-in and possibly, denied
boarding. If you do not have online access,
please contact your Travel Agent to assist.
DOCUMENTATION
It is your responsibility to obtain the correct
documentation which is required for travel to
your destination and including any ports of call
on a cruise holiday and for your return to
Canada. Estar will assume no responsibility
whatsoever for passenger(s) denied carriage by
the airline or refused entry into any country.
Canadian Citizens must carry a valid Canadian
Passport. Canadian citizens can contact Foreign
Affairs Canada at www.travel.gc.ca for
assistance in obtaining this information.
Non-Canadian Citizens please contact the
relative Tourist Board or Consular Office prior
to booking. Please note that several countries
now require that your passport be valid for up
to six months after the completion of your
travel in order to be accepted by them as a
valid travel document. If your passport is
damaged in any way, you could be denied boarding
and you will be responsible for all costs
associated with a new passport and a replacement
holiday
CUSTOMS & IMMIGRATION
Customs and/or immigration officials can deny a
person, or persons, whether they are residents
or visitors, entry (or re-entry) into their
country at their own discretion. A previous
criminal record could be an obstacle in
international travel. Estar cannot be held
responsible for denied entry under any
circumstances.
LAWS & CUSTOMS
In order to familiarize yourself with relevant
laws and customs and the necessary documentation
for your travel from and return to Canada, we
recommend that you refer to the relevant tourist
boards, embassies or consulates for the
countries that you will be visiting. Estar
encourages all travelers to visit
www.travel.gc.ca prior to travel for valuable
and informative information and strongly
recommends that you explore your destination
prior to travel.
BAGGAGE ALLOWANCE
You must consult with your Travel Agent or the
specific airline on which you are travelling for
weight restrictions on both chartered and
scheduled air service. Lost or damaged baggage
is the responsibility of the airline, which may
have limited liability. We strongly recommend
that you purchase travel insurance to
compensate you for loss of, or damage to, your
baggage. In the event of damaged, lost or
delayed baggage, please contact the airline
representative before leaving the airport.
Failure to do so will invalidate any potential
claim you may have against the airline.
FLIGHT TIMES & RECONFIRMATION
All flight times, airlines and type of aircraft,
as well as itineraries, are subject to change
with or without prior notice. We reserve the
right to substitute alternate airlines or
aircraft types and to add en route stops or make
any other operational changes at our discretion,
with or without prior notice. Operational
changes can occur which may result in the need
to reschedule or cancel flights. In the event
that we need to advise you of any such changes,
prior to your departure from Canada, we require
that either you or your Travel Agent provide us
with your contact telephone number. It is your
responsibility to contact the airline shown on
your ticket within 12 hours prior to departure
(from Canada and destination) to reconfirm
flight time. Further, if you have purchased an
“air only” holiday from us it is your
responsibility to advise your Travel Agent or
the Sales Centre of a telephone number at your
destination where you may be contacted in the
event that Estar needs to advise you of any
changes in your return travel arrangements. In
the event of a flight delay related to weather,
traffic or a “force majeure” situation, it may
not be possible for the airline to provide meals
and/or accommodations. Estar does not accept
responsibility for lost wages, missed holiday
time or any other additional expenses incurred
as a result of changes in flight times. Airlines
arranges flight times which allow ample time to
connect with cruise departures. It is unlikely
that a cruise departure will be missed unless a
long delay to the flight occurs due to weather
or other problems. Should this occur, we will do
our best to make alternate arrangements. No
refunds or other compensation will be issued for
missed cruise departures caused by any flight
delay or missed flight connection. Please note
that the cruise line reserves the right to
charge full cancellation fees for any guest
failing to embark. We strongly encourage you to
purchase travel insurance to provide you with
coverage for unexpected developments of this
nature. Please note that in standard travel
industry terminology the term “direct flight”
refers to a flight that will transport the
passengers from their point of origin to their
final destination without the journey involving
a change of aircraft. The term can still be used
to describe a journey that involves a stop,
provided the same aircraft continues the journey
after the stop. Passengers on board a direct
flight are not required to claim checked baggage
and re-check said baggage during a stop in the
journey and are usually not required to be
de-planed during any stop(s). A flight from the
point of origin to the final destination that
does not involve any stops en route is referred
to as a “non-stop” flight.
CONNECTING FLIGHT TIMES
All connecting flight reservations are made at
your risk and you assume the cost of any loss in
the event of a change to the flight arrangements
that may require you to change your connecting
flight(s). Estar cannot be held liable for
damages or additional fees incurred by
passengers due to a missed flight connection for
whatever reason.
AIRPORT CHECK-IN
Check-in commences approximately three hours
prior to departure and closes 60 minutes prior
to departure for flights operated by many
Airlines. For all airlines, please contact the
carrier on which you are travelling with for
specific times. You are required to have
obtained your boarding pass and to have
presented all checked baggage before the 60
minute cut off/check-in deadline. For security
reasons, you will be denied boarding if you have
not checked in within that time. Passengers must
be available at the boarding gate by the
boarding gate deadline time noted on your
boarding pass. Failure to respect the deadline
may result in the reassignment of any
pre-reserved seats (refunds not applicable) and
the cancellation of your reservations. Please
note that airlines will not provide refunds or
compensation for unused seating upgrades or
provide any compensation as a result of a
passenger being denied boarding. Should you be
denied travel, it is your responsibility to make
alternate arrangements. It is your
responsibility to arrive at the airport on time
and following check-in, to proceed to the
correct departure gate by the time specified on
your boarding pass. Estar cannot be held
responsible if you miss your flight by failing
to comply with these requirements.
ACCOMMODATION
Please be advised that, conditions may not
always be the same as those at home,
particularly with regards to electricity, water
supplies and private toilet facilities. All
hotels undergo routine maintenance and
renovation both in the low and high seasons. At
brand new hotels, some facilities may not be
fully functional and landscaping and other
finishing touches may be ongoing during your
stay. If we are advised that significant work at
your hotel will be in progress during your stay
or any major facilities will not be available we
will try to advise you prior to your departure.
Topless sunbathers may frequent some resorts,
the control of whom is beyond the authority of
the resort. These resorts and cruise lines
cannot accept responsibility for the behavior of
other guests/groups or the withdrawal of
services or facilities due to cultural and
political events or holidays. These
circumstances are usually regulated by local
governments and as such are beyond the control
of tour operator, the cruise line or the resort.
Most hotels offer international satellite TV
which differs from Canadian satellite TV. The
number of English channels will vary by country
and by hotel. Ocean view rooms can consist of a
full or partial view of the ocean and can differ
by property. Not all rooms designated as “ocean
view” will offer a full or direct view of the
ocean. Minimum age restriction for passengers
can vary per hotel per destination. It is
recommended that travelers inquire at time of
booking.
HOTEL STAR RATINGS
We assign hotel star ratings based on a number
of factors, including our opinion regarding
location, amenities, and facilities relative to
the general standards of the destination, as
well as feedback from customers and staff. These
ratings may differ from other published ratings.
Our hotel star ratings are not a representation
or promise of any particular feature or amenity.
STATEROOM OCCUPANCY
Occupancy of any stateroom(s) is limited to the
number of berths in that stateroom. The cruise
line reserves the right to limit the number of
upper berths and single staterooms sold on each
sailing.
CRUISE CHECK-IN AND CHECK-OUT CONDITIONS
Your cruise documentation will include
information regarding your check-in and
embarkation times for your cruise. All guests
must be onboard 90 minutes prior to the ship's
scheduled departure time. Checkout /
disembarkation information will be provided
onboard.
HOTEL CHECK-IN AND CHECKOUT CONDITIONS
The check-in time for most hotels is 3:00 pm and
check-out time can be as early as 11:00 am,
regardless of your arrival or departure times.
Please refer to your hotel accommodation voucher
for actual check-in and check-out dates as this
may differ from your departure and return date.
Check-in policies differ by hotel and will
therefore vary. Many hotels will offer
hospitality areas for passengers who may be
without their room for some time; however this
arrangement is solely at the discretion of the
hotel. Passengers wishing to make arrangements
for a late check-out and baggage storage must
arrange this service directly with the hotel. We
do not accept responsibility for any
inconvenience or loss arising from these types
of arrangements. Some hotels may require you to
leave a credit card imprint or cash deposit upon
check-in to provide security for miscellaneous
charges such as telephone calls.
CRUISE LINE / HOTEL'S RESPONSIBILITY
The accommodation voucher, or electronic
confirmation number, furnished by Estar shall
constitute the sole contract between the
hotels/resorts and you, the passenger. The
hotels, resorts and cruise line/ship depicted on
this website will not be held liable for any
act, omission or event during the time
passenger(s) are not staying at their
establishments or on their ships. Neither Tour
operator nor the cruise lines or properties are
responsible for payment of any refund for unused
accommodations or meals as a result of late
arrival or non-arrival by passenger(s),
regardless of the cause.
STATE ROOM / HOTEL CHANGES
If the accommodation reserved is not available
for any reason, we reserve the right to
substitute a hotel of a similar category and/or
stateroom on the ship or for land stays. This
section does not apply to a change in hotel that
is a major change as referred to in the section
“Responsibility” or to a change of hotel, which
occurs by reason of circumstances that are
beyond our reasonable control. For the most
up-to-date resort and cruise line/ship
descriptions please visit their websites.
MODIFICATION OF CRUISE SERVICES
The sailing days/times indicated in this
brochure are correct at the time of going to
print and are subject to change with or without
notice. Weather conditions, safety
considerations or other circumstances beyond our
control may mean that the cruise line must
change cruise itineraries, facilities and
amenities available on the cruise ship before or
after a departure, including arrival and
departure times in port. The cruise operator
also has the right to change one ship for
another, change itineraries and destinations.
Regional conditions may demand a change to the
amount of time spent in a port, or eliminate a
port altogether. A short notice change of
itinerary, ship or hotel may mean some
facilities are not as described. We cannot be
held liable for such changes and compensation as
a result thereof.
SERVICE ASSISTANCE
Estar has taken great care in selecting the
travel suppliers used and featured on this
website. Tour operator local representatives are
stationed in most destinations to offer
assistance and liaise with our suppliers to
resolve any queries or problems that may arise
during your stay. For cruises, please contact
your local cruise line representative and/or
onboard cruise staff as applicable. Any problem
must be brought to the travel supplier's
attention immediately so that they can work to
ensure that you have an enjoyable holiday.
Please contact your local representative
immediately and file a complaint notice with the
travel supplier, ensuring that you obtain a copy
of your complaint. It is essential that this
procedure be followed since the service provider
must be given the opportunity to rectify the
problem. Please note that your failure to report
your concerns may preclude your right to a
claim. Should you remain dissatisfied with the
service provided, and wish to comment, please
send your written comments to your Travel Agent
within 30 days of your return, together with a
copy of the notice of complaint you submitted to
the service provider, including their response.
Any claim received more than 30 days after your
return will not be accepted. Estar will not be
liable for any claims exceeding the amount paid
for the services with respect to which you are
claiming. Regretfully, we are unable to accept
responsibility for any assurances or guarantees
provided by Travel Agents, cruise line
employees, hotel employees or suppliers of any
kind.
NOTICE TO PASSENGERS
Estar strongly recommends that you visit http://travel.gc.ca/travelling/advisories to
be aware of any relevant travel advisories
before finalizing your travel plans. While we
endeavour to keep you abreast of any relevant
changes to local laws, travel documentation
requirements, and any travel advisories issued,
we cannot warrant the completeness or accuracy
of the information provided. It is your
responsibility to be aware of and prepared for
all legal, documentary, health and other
requirements for your intended travel.
Standards of living and conditions with respect
to the provision of utilities, sanitary services
and the grading of services such as transfers,
hotel or cruise accommodation vary considerably
from one country to another. In other countries,
the uninterrupted supply of water and
electricity, local health conditions, levels of
security and standards of food and beverages may
differ from those enjoyed at home. In tropical
climates, insects are commonly found inside and
outside of any hotel. Illness or inconvenience
resulting from the services provided or omitted
at the destination are outside the reasonable
control of Estar and Estar accepts no
responsibility for such illness or
inconvenience. It is the passenger's
responsibility to adhere to the customs, rules
and laws of the country he/she is visiting.
Should a passenger conduct him/herself in a
manner threatening to Estar or hotel/cruise line
employees and/or other passengers, Estar has the
right to refuse service or expel him/her from
the hotel/cruise line. If this occurs, the
passenger is responsible for all costs resulting
from said expulsion and no refund will be issued
for any unused portion of the passenger's
holiday. Airlines also reserves the right to
off-load belligerent or unruly passengers from
its flights, including if necessary, making
intermediate stops to off-load such passengers
to the control of local police authorities. In
the event of such off-loading, deplaned
passengers will not receive any refund for
unused air services and will be liable for
arranging and paying for their own onward air
travel, and liable to the airline for any cost
incurred resulting from inappropriate behaviour
including, but not limited to, additional
landing and fuel charges.
OPTIONAL TOURS, EXCURSIONS AND ACTIVITIES
Release, Waiver, and Indemnity - Any optional
and/or physical activity that you choose to
undertake at your holiday destination, as a
result of your voluntary purchase of an optional
tour, excursion or activity inside or outside of
your hotel, made either prior to your departure
from Canada or in destination, may inherently
contain a risk of personal injury, loss or
damage to you and/or your personal possessions.
You hereby expressly agree to assume the entire
risk of any and all such injury, loss or damage
which you may suffer during or arising out of
your participation in the said optional tour,
excursion or activity, howsoever caused. Estar
makes arrangements with transfer operators,
coach companies, destination excursion operators
and other independent contractors (hereinafter
referred to as the “service providers”) to
provide services in connection with optional
tours, excursions or activities. Tour operator
exercises great care in choosing its service
providers, but does not have control over them
and therefore cannot accept responsibility for,
nor can be held liable for, any acts or
omissions or negligence of the service
providers, their employees, servants, agents,
subcontractors or unrelated third parties. Some
of these service providers may not be agents or
employees of Estar, notwithstanding their use of
any signage or clothing which may contain the
name “Estar” or other related trade names or
logos. Moreover, these optional tours,
excursions and activities are subject to
conditions and limitations imposed by the said
service providers as well as the laws of the
country in which they operate. You hereby
release, discharge and indemnify Estar from any
and all liability or claims of any nature
arising out of or in relation to any loss,
damage, injury or illness whether physical or
mental, resulting from any delay, substitution
of equipment, or any act, omission or negligence
of service providers, their employees, servants,
agents, subcontractors or unrelated third
parties resulting from or arising out of any of
the optional tours, excursions or activities in
which you voluntarily participate and/or any
optional tour, excursion or activity arranged at
your specific request and/or at your cost,
whether booked prior to your departure from
Canada or in destination, and you agree to
accept all risks associated therewith. You
hereby expressly waive any claim against Estar
for any cause arising out of or related to the
actions, omissions, or negligence of any person
or party other than us. Furthermore you
understand and agree that before participating
in any optional tour, excursion or activity in
which you have voluntarily agreed to participate
through any request and/or pre-purchase by you
for the service, you may be required to sign a
written release in destination forever
discharging and indemnifying us from any and all
claims of any nature arising out of or related
to any such optional tours, excursions or
activities made, and agree to assume all risks
associated therewith. You understand and agree
that all optional tours, excursions and
activities are non-refundable and
non-transferable.
REFUNDS FOR UNUSED TRAVEL SERVICES
No refund is made for unused travel services or
any portion thereof, nor is the price or value
of unused travel services exchangeable for
alternative arrangements. The day of departure
is excluded when calculating cancellation or
change fees. All cancellation fees will be
calculated on the total amount of products and
services purchased. We strongly encourage you to
purchase travel insurance to provide you with
coverage for unexpected developments that may
cause you to either cancel your holiday entirely
or interrupt your vacation unexpectedly. We
strongly recommend that you purchase travel
insurance to provide you with security and
protection for your holiday or flight.
RESPONSIBILITY
On your behalf, Estar arranges with airlines,
hotels, cruise lines, transfer companies,
baggage handlers and other independent suppliers
to provide you with the services you have
purchased. Estar exercises due care in selecting
these companies and pays particular attention to
their reputation and reliability. However, Estar
does not control these suppliers and thus we
cannot be held responsible for their performance
or lack thereof. Therefore, Estar shall not be
held 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 services as part of your holiday.
Estar/the tour operator and/or its agents do not
assume responsibility for any claims, losses,
damages, costs or expense arising out of
personal injury or death, loss of enjoyment,
upset, disappointment, illness, distress or
frustration whether physical, emotional or
mental, resulting from or arising out of any of
the following:
Any negligent act or omission by the airlines,
transportation companies, coach tour operators,
car rental organizations, hotel/resort
properties or other suppliers or their personnel
or any company or person.
Government actions, weather, equipment failure,
labour disputes, sickness, theft or any other
cause beyond our control.
Failure of the passenger to obtain the necessary
documentation or meet the required health
regulations in order to complete their travel
arrangements.
Failure of the passenger to arrive at the
airport within the time frame stipulated by tour
operator in these Terms and Conditions on the
day of departure whether due to missed
connections, adverse weather conditions,
mechanical failures or any other reason
whatsoever.
The need for us to change itineraries or
substitute accommodation or services, provided
that efforts are made to supply comparable
services and accommodations available.
Cancellation of a tour by tour operator,
provided that full refund of all monies paid is
made to the passenger.
While every effort has been undertaken to ensure
accuracy, photographs, artist's rendering and
written descriptions appearing in tour
operator's brochure and website or any
associated website they are representational
only and are not a guarantee that everything at
the destinations will be exactly as depicted.
ACT OF GOD/FORCE MAJEURE
Estar and/or its suppliers cannot assume
liability for any loss, damage or injury of any
nature in whole or in part resulting from an Act
of God or any other Force Majeure condition
including without limitation: fire, volcanic
eruption, environmental pollution or
contamination, inclement weather, earthquake,
flood, water or power shortages or failures,
tropical storms or hurricanes, riots or civil
commotions or disturbances and any other acts of
similar nature, sabotage, arrests, strikes or
other labour disruptions, restraints of rulers
or peoples, expropriations, acts of terrorism,
war, insurrection, quarantine restrictions,
government health advisories or warnings or
alerts of any kind or nature, government
seizures, refusal or cancellation or suspension
or delay of any government authority or any
license, permit or authorization, damages to its
facilities in Canada, United States of America,
Mexico, Central America or the Caribbean or any
other factor unforeseen by tour operator that
impacts negatively on or hampers its ability to
fulfill any of its contractual conditions. In
the event that any of these conditions apply,
Estar shall be excused, discharged or released
from its performance to the extent such
performance is so limited or prevented, without
liability of any kind.
LIMITATION OF LIABILITY
Tour operator'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 you paid
for the services with respect to which you are
claiming.
INDEMNIFICATION
The customer agrees to indemnify and save
harmless Estar against any liability, actions
(including legal fees), claims, losses, costs
and damages, which Estar may incur, sustain or
pay arising out of or in connection with the
customer's negligent or intentional act or
omission, in relation to any incident alleged to
have occurred in destination and/or in relation
to services provided by Estar.
APPLICATION
These Terms and Conditions are binding upon all
members of the passenger's family, dependants,
estate, heirs, successors and legal personal
representatives.
FORUM
Your contract is governed by and is to be
construed in accordance with the laws of the
Province of Ontario and the laws of Canada
applicable therein. Further, any claim or action
arising out of or relating to your vacation may
be filed only in the courts of Ontario and you
agree to attorn to the exclusive jurisdiction of
such courts.
SEVERABILITY
If any term or condition or any portion hereof
is held invalid or unenforceable, the remaining
portions of these Terms and Conditions will
remain in full force and effect, and, if
possible, the portion(s) found unenforceable
will be construed in a manner consistent with
the remaining portions.
ACKNOWLEDGEMENT
By making a reservation to purchase a holiday
product from our tour operator you, the
passenger, hereby acknowledge that you have read
and accept the Terms and Conditions contained
herein.
Car Rental - Alamo Terms & Conditions
AGE REQUIREMENTS
Minimum Age: Renters and additional authorized
drives must be twenty-one (21) years old. In the
states of New York & Michigan, Renters and
additional authorized drivers must be a minimum
of eighteen (18) years old. In the province of
Newfoundland, the minimum age for all rentals is
twenty-five (25) years old.
All primary renters under the age of 25 will be
charged an additional $25 USD daily.
ADDITIONAL DRIVERS
Unless included in the Rate and unless
applicable law requires otherwise, rental
vehicles may not be driven by anyone except
additional authorized drivers as defined in the
Rental Agreement. Additional authorized drivers
must be added at the time of rental and the
Renter and additional authorized driver(s) must
present a valid driver's license and meet
minimum age requirements. An additional fee per
day per additional authorized driver will be
charged, except where state law provides
otherwise.
IDENTIFICATION REQUIRED FOR RENTAL
A full valid Driver's License from the Renter's
country of origin and passport in Renter's name
is required for each rental. Renters must
provide a valid credit card unless the Renter
meets the cash qualifications set forth herein.
If the driver's license is in a language other
than English, an International Driver's Permit
is required in conjunction with the Renter's
country of residence driver's license.
CREDIT CARDS ACCEPTED
Visa, Mastercard, American Express and Diners
DEPOSIT BY CREDIT CARD OR CASH
$25 USD daily or $100 USD per week cash in
addition to the recalculated rental charges, or
major credit card. All cash customers must meet
Alamo's current cash qualifications requirement.
If cash deposit, renter must produce a Canadian
passport and return airline ticket. Cash
customer may not rent a luxury or specialty
vehicles.
SEATBELTS & INFANT / CHILD SEAT
State or provincial law may require the use of
seatbelts and infant/child seats and this law
may vary between states and provinces. Renters
may use their own infant/child seats. An
additional fee per infant/child seat will be
charged for infant/child seats rented from
Provider. Infant/child seats should be requested
at time of reservation. To avoid serious injury
or even death, most vehicle manufacturers
recommend infant/child seats only be used in the
back seat of the vehicle and older children
should ride properly buckled in the back seat.
In the event the infant/child seat is damaged or
not returned at the end of the rental, a fee
will be assessed to the Renter. Renters are
responsible for installing infant/child seats
and may use their own infant/child seats.
GPS (GLOBAL POSITIONING SYSTEM)
GPS navigational systems are available at an
additional cost and are subject to availability.
SKI RACKS, SNOW CHAIRS, WINTER TIRES
Ski racks must be requested at the time of
reservation and are subject to availability. The
Renter will be charged an additional fee for a
ski rack rental unless otherwise included in the
Rate. Snow chains are not permitted on Provider
vehicles. All season tires are provided on
vehicles. Winter tires are provided at an
additional charge in Quebec unless included in
the Rate.
FUELLING POLICY
The fuel level of the vehicle at time of rental
will be full. Renter may return the vehicle with
a full tank of fuel or pre-pay for a full tank
of fuel at the time of rental at the rate
provided at the renting location. If the Renter
selects the pre-paid fuel option, no refunds
will be given for unused fuel. If the Renter
does not return the vehicle with a full tank of
fuel or select the pre-paid fuel option, the
Renter will be charged to return the fuel tank
to full at a rate provided at the location to
which the vehicle is returned.
ONE WAY FEES AND INTERCITY FEES
All one way rentals must be booked in advance,
are subject to availability and are restricted
to return at a location under the same brand as
the location from which the vehicle was rented.
Please call Reservations department for
applicable drop-off charges. Applicable one way
drop-off charges are paid locally.
For car rentals picking up in one city and
dropping off in another city, drop off fees will
apply. The fees range from $300 USD upwards
depending on the distance between the two
cities.
MOBILITY ASSISTANCE
Renters requiring mobility devices must contact
1-866-836-4092 or mobilityadministration@ehi.com
in advance to arrange for such rentals.
CITATIONS, TOLLS & FINES
All fines, costs and attorneys' fees for legal
violations, parking, tolls, towing and storage
related to the rental vehicle or incurred by
Provider during Renter's rental are the
responsibility of Renter and will be charged
accordingly
By hashtagging: #Tour operator and/or #Tour
Operator Mode you agree that you are bound by
these terms and conditions. You agree to grant
to tour operator., its affiliates, and
advertising and promotional agencies, an
exclusive, perpetual, irrevocable, royalty-free,
unrestricted worldwide license to use and/or
reuse, display, disclose, produce, reproduce,
publish and/or republish, broadcast,
communicate, exhibit, distribute, adapt, alter,
modify, translate, create derivative works based
upon, sublicense, and otherwise exploit your
Content (as defined below), name, likeness,
image, voice and/or any other identifiable
representation of you (collectively “Likeness”),
in whole or in part, individually or in
conjunction with other items for any purpose
(including, but not limited to, advertising,
marketing, promotional, publicity, entertainment
and instruction/education), throughout the
world, in any manner, form, style, medium or
technology now known or hereafter devised
(including, but not limited to, print, video,
television, social media, broadcast, internet
and electronic media). “Content” means any and
all content created solely by you, including,
without limitation, ideas, notes, drawings,
designs, graphics, images, photographs, lyrics,
compositions (musical or otherwise), stories,
plays, pitches, audiovisual content (including,
without limitation, sound bites, video footage
and other productions), software, data,
comments, suggestions, or works of authorship
embodied in any form or medium.
You further agree:
a.
to waive any right to inspect or approve
any advertising copy or any other material which
may be used in conjunction with
b.
your Content and Likeness and waive any
moral rights you may have in or in respect of
thereof;
c.
that you will not be entitled to any
compensation for any use by tour operator of
your Content and Likeness;
d.
that tour operator has no obligation to
publish or use or retain any Content and
Likeness;
e.
that it is your sole responsibility to
obtain all permissions and releases necessary
for the grant of the rights contained in these
terms and conditions.
f.
to take any action (including, without
limitation, execution of affidavits, licenses,
and other documents) reasonably requested by
tour operator to effect, perfect, or confirm
tour operator’s rights set forth in these terms
and conditions; and
g.
to release and indemnify us of and from
any and all actions, claims, costs and expenses
(including reasonable legal fees and costs),
demands, proceedings, judgments, penalties,
damages of any nature or kind whatsoever, which
you or anyone on your behalf or any third party
may have had, now have or in the future may have
against us in connection with:
(1) the Content including, but not limited to,
all actions of passing off, misappropriation of
personality, breach of privacy, infringement of
any patent, copyright, trademark or any other
proprietary right; or
(2) any breach of these terms and conditions.
You represent and warrant that:
a.
you are at least 18 years of age and have
fully read and understand these terms and
conditions;
b.
you are the sole copyright proprietor of
the Content and you have the right, without any
third party approvals, to grant the rights as
set out herein; and
c.
the use of the Content will not violate
or infringe upon the trademark, trade name,
copyright, artistic, and/or other proprietary
rights of any third parties.
