TERMS AND CONDITIONS FOR BOOKING
By proceeding to place an order (including booking a tour, a tour product or other vacation package sold by us) and accepting these Terms, you agree to be bound by these Terms whether or not you have read them. If you do not agree to these Terms, proceed to cancel your order now. Please print a copy of these Terms for your records. Your booking will be automatically cancelled if you have not accepted these Terms when paying your deposit or making full payment.
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND ONE DREAM TRAVEL. THIS CONTRACT CONTAINS ALL TERMS OF OUR AGREEMENT AND SUPERSEDES ALL OTHER ORAL OR WRITTEN AGREEMENTS, COMMUNICATIONS OR REPRESENTATIONS. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS ON THESE RIGHTS, INCLUDING PENALTIES FOR CANCELLATION AND SPECIFIC LIMITATIONS ON OUR LIABILITY.
YOU MAY HAVE CERTAIN CANCELLATION RIGHTS UNDER APPLICABLE LAWS AS WELL AS UNDER THESE TERMS. ONE DREAM TRAVEL WILL RESPECT ALL SUCH APPLICABLE LAWS.
ONE DREAM TRAVEL provides tours, tour products and travel packages throughout the world, and serves as a booking agent for tours operated by third-party service providers (“Providers”). ONE DREAM TRAVEL reserves the right to provide the tour or any portion thereof either directly through its own personnel or through Providers. To the fullest extent permitted by applicable laws, you hereby acknowledge and agree that where any tour or part of the tour, accommodations, flights or any other goods or services are provided by a Provider or any other third party (collectively, “Third Party Services”) and not directly by ONE DREAM TRAVEL, ONE DREAM TRAVEL is not liable for any dispute or claim with respect to any Provider conduct or Third Party Services including, without limitation, any losses, damages, breach of contract, negligence or other claims or damages arising from the acts or omissions of the Providers thereof and, therefore, you are required to pursue any such claims solely against the relevant Provider.
2. Important Travel Information.
You acknowledge and agree that there are general risks associated with traveling, which are beyond ONE DREAM TRAVEL’s control and, as such, to the fullest extent permitted by applicable laws, ONE DREAM TRAVEL is not liable for any loss, cost or damage you may incur as a result thereof. Such general risks include, but are not limited to: tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; strikes, civil disturbances and advices by governments, and other Force Majeure Events (as defined below); hazards associated with traveling in undeveloped areas; travel by boat, train, automobile, aircraft and other means of transportation; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance or for any other circumstances beyond ONE DREAM TRAVEL’s control; forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; and any changes to government visa or travel requirements. Furthermore, it is your sole responsibility to make your own inquiries regarding your trip, including any relevant government travel safety warnings.
3. Travel Insurance.
You are urged to arrange comprehensive travel insurance to cover any unforeseen circumstances that may occur during the tour. ONE DREAM TRAVEL is not liable in any regard for your failure to adequately insure yourself, and to the fullest extent permitted by applicable laws, you agree to indemnify and hold ONE DREAM TRAVEL harmless for any expenses or delays incurred as a result of your failure to adequately insure yourself.
4. Tour Price.
The “Tour Price” is the total amount listed on your Itinerary. All Tour Prices are quoted in Canadian Dollars (CAD). ONE DREAM TRAVEL reserves the right to vary Tour Prices at any time, in its absolute discretion, to account for any increase in costs, including but not limited to airfares, fuel, government taxes and charges, exchange rate fluctuations or other tour related costs or tariffs. If ONE DREAM TRAVEL has received the full amount of the Tour Price from you, there will be no increases to your tour price, regardless of any increases in the tour costs inside or outside of our control. If you have not paid the full amount of the Tour Price, and we must vary your Tour Price due to an increase in tour costs outside of ONE DREAM TRAVEL’s control, any increase ONE DREAM TRAVEL applies to the Tour Price will be only to the extent required to meet such additional costs. To the fullest extent permitted by applicable laws, ONE DREAM TRAVEL reserves the right not to honor any published prices that ONE DREAM TRAVEL determines were erroneous due to printing, electronic or clerical error.
5. Items Included in Your Tour Price.
Subject to the conditions and limitations set forth herein, the only items that are included in the Tour Price are those that are expressly listed on your Itinerary and provided in each product.
Where the tour, tour product and/or travel package is provided by a Provider, the Tour Price and all items expressly listed in your Itinerary are provided solely by the applicable Provider in accordance with each Provider’s policies. ONE DREAM TRAVEL cannot, and do not guarantee, and we provide no warranties or conditions as to the correctness, precision, or completeness of any of the information provided by the Provider and made available through the Site, nor will we be held liable for any of the information provided by the Provider, including limitations relating to items that may or may not included in your Tour Price. If you have any issues with any inclusions or exclusions listed on your Itinerary, please contact the Provider directly.
6. Items Not Included in Your Tour Price.
The following items, without limitation, are not included in the Tour Price: (a) airfare not specifically included in your Itinerary, (b) airline and other taxes or government charges other than the provincial sales taxes listed on the Product Page, (c) fees associated with any optional activities including entrance fees, (d) fees associated with any accommodation upgrades (if available), (e) meals not specifically included in your Itinerary; (f) fees for laundry, (g) passport or visa fees (h) vaccinations or other medical services or requirements, (i) any items of a personal nature. Please note that changes to flight schedules may require additional overnight accommodation at your own expense. Any modified travel arrangements required due to illness or personal reasons are at your own expense.
The purchase of products and services on the Site is subject to availability. In the event that ONE DREAM TRAVEL advises you that a product or package is no longer available, ONE DREAM TRAVEL will have no obligation to fulfill your order and you will have no obligation to pay ONE DREAM TRAVEL for the order. You agree to pay ONE DREAM TRAVEL the amount set out as the “TOTAL” in your order summary as part of the payment step (the “Fee”). The Fee is quoted in Canadian dollars and includes all applicable taxes.
When placing your order on the Site, your billing address must correspond to the address of your credit card or other payment method, otherwise we will not be able to process your order. Payments can only be made by credit cards issued in Canada. On the Site, you may pay for your purchase using a valid Visa, Mastercard or PayPal account and you authorize ONE DREAM TRAVEL to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be processed and ONE DREAM TRAVEL will have no obligation to fulfill your order.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BELOW ARE ONE DREAM TRAVEL’S PAYMENT POLICIES:
Payments to Travel Agents. In the event you booked your tour through a travel agent, your travel agent may forward your deposit or final payment to ONE DREAM TRAVEL on your behalf. ONE DREAM TRAVEL is not responsible for any payments made to travel agents and, therefore, a payment to your travel agent will not be deemed a payment to ONE DREAM TRAVEL unless and until such payment is received by ONE DREAM TRAVEL and the funds fully clear.
8. Cancellation by Traveler.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BELOW ARE ONE DREAM TRAVEL’S CANCELLATION POLICIES:
Cancellation Notice. Cancellation notices must be issued to ONE DREAM TRAVEL in writing by letter or email during its regular office hours in Canada. Weekend days or statutory holidays cannot be calculated in day’s prior policies for cancellation fee avoidance. Any changes to your tour departure date or name changes will be deemed a cancellation and the applicable fees will apply.
Cancellation Fees. In the event of cancellation, you will be liable to pay ONE DREAM TRAVEL cancellation fees calculated in accordance with the information stated in the Booking/Cancellation Policy under each product. In all circumstances, you are responsible to check the cancellation policy contained in the applicable Product/Tour listing at the time of your Booking, which is the policy that will apply to and govern the terms of your cancellation and any refunds.
9. Tour Variations, Delays, Etc.
Itinerary Variations. While ONE DREAM TRAVEL will make reasonable efforts to operate the tour in accordance with your itinerary, changes or substitutions may be necessary for reasons outside ONE DREAM TRAVEL’s control or other Force Majeure Events (as defined in paragraph 12 below). At certain peak periods duplicate departures may operate, and sometimes in reverse order; hotels may also vary from those stated on the itinerary pages. On tours that include cruises, the ship may be changed due to operational reasons. Departures in early and late season are potentially operated in cool weather conditions. As a result, slight itinerary variations may occur, and certain activities may not be available due to seasonality or weather conditions. Availability of certain activities may also be limited due to itinerary variations. If your tour enjoyment may be diminished by such limitations, please check with your Travel Agent before making your reservation. ONE DREAM TRAVEL reserves the right to substitute (at the nearest reasonable standard) another vessel or motorcoach for all or part of the itinerary and also provide alternative accommodation, where necessary. ONE DREAM TRAVEL is not liable to you for any variations in the tour itinerary caused by Force Majeure Events.
Tour Cancellation. Your booking is conditional on ONE DREAM TRAVEL receiving a minimum number of bookings to operate the tour and ensure an enjoyable group atmosphere. Where sufficient numbers, as determined by ONE DREAM TRAVEL in its sole discretion, are not achieved, ONE DREAM TRAVEL may cancel or suspend a scheduled departure of the tour. ONE DREAM TRAVEL will use commercially reasonable efforts to provide notice of cancelled or suspended tours at least 60 days prior to the scheduled departure date. ONE DREAM TRAVEL will endeavor to notify you of any changes to your tour itinerary in the following manner: (a) if prior to your tour departure, by telephone, email or mail; (b) if during your tour, personally by your Tour Director. In the event a tour is cancelled by ONE DREAM TRAVEL for any reason prior to departure, ONE DREAM TRAVEL will use commercially reasonable efforts to offer the closest available tour departure. If the replacement tour price is less than the scheduled tour, you will receive a refund in the amount of the difference or if the replacement tour is more than the scheduled tour you will be required to pay the difference. If you accept the alternative tour departure, you will be bound by these Terms with respect to the alternative tour. If you do not accept the alternative tour departure within a period of 7 days, then this Contract will be terminated, and ONE DREAM TRAVEL will refund all monies that you paid directly to ONE DREAM TRAVEL and ONE DREAM TRAVEL will have no further liability to you. ONE DREAM TRAVEL will not be liable for any third-party costs you incur as a result of cancellation, including without limitation, for airfares or other arrangements booked independently through or paid to a travel agent or other third party.
Tour Delay. Where ONE DREAM TRAVEL delays the departure of a Tour, for whatever reason, for more than 7 days, as your sole and exclusive remedy you may terminate this Contract and ONE DREAM TRAVEL will either: (a) provide you with a full refund of all amounts paid to ONE DREAM TRAVEL; or (b) provide you with a credit towards future tours with ONE DREAM TRAVEL which will be valid for 24 months from the date you notify us of the termination of this Contract.
10. General Notices, Conditions and Safety Matters.
Physically Challenged Guests. ONE DREAM TRAVEL strives to provide a safe, enjoyable, and memorable travel experience for all passengers. Sightseeing in many historic towns and cities can only be undertaken by walking tours of up to 5 km (3.2 miles), often on uneven surfaces. Some tours include mountain excursions involving high altitudes. Consequently, a reasonably adequate (and sometimes high) level of fitness is required for some of our tours. Please consult with your doctor to ensure that you have an adequate level of fitness and are in good health before participating in these included excursions. ONE DREAM TRAVEL will not provide any refunds if you are not able to participate in any portion of the tour. Most transportation services are not equipped with elevators or wheelchair ramps, and cabin doors and restrooms may not be wide enough to provide access for standard wheelchairs. ONE DREAM TRAVEL will make reasonable attempts to accommodate the special needs of its physically challenged guests but is not responsible in the event it is unable to do so. Nor is it responsible for any denial of service by vessel operators, air carriers, hotels, restaurants, or other Providers.
We regret that we cannot provide individual assistance to our customers for walking, dining, getting on and off vessels, motorcoaches, and other vehicles, or for other personal needs. A qualified and physically able companion must accompany travelers who need assistance and must assume full responsibility for their well-being. Please note that motorized scooters are not suitable on international tours and may not be permitted in certain countries.
Safety. Passengers must follow Tour Guide or Tour Director instructions at all times to ensure on tour safety. You acknowledge that failure to do so will result in restricted access to areas on tour, or if necessary for your own safety and that of other passengers, withdrawal from the tour. If ONE DREAM TRAVEL, or our staff or Providers are of the view you are negatively affecting your own health, safety or enjoyment, or that of other passengers, ONE DREAM TRAVEL may terminate your continued participation in the tour immediately and in such event ONE DREAM TRAVEL will not be not liable to you for any loss, cost or damage resulting from your withdrawal from the tour. If you are withdrawn from the tour, you must make your own travel arrangements at your own expense. You hereby acknowledge and agree that neither ONE DREAM TRAVEL, nor any of its affiliates or Providers, are responsible for any damages, costs or expenses that may arise from the decision to exclude an individual from participating on all or any portion of a ONE DREAM TRAVEL tour, or from any activities or accommodations on a ONE DREAM TRAVEL tour. Neither ONE DREAM TRAVEL nor its affiliates or Providers shall have any liability to you or any third party for any injuries, illness or death resulting from your failure to adhere to applicable safety recommendations.
Passport/Visas. You must have a passport valid for six months past the expected end date of your tour. It is also your responsibility to obtain valid entry visas for all countries where so required, prior to departure. Failure to obtain correct documentation may affect your participation in all or any portion of the tour. ONE DREAM TRAVEL will not provide any refunds if you are not able to participate in the tour, or any part thereof. You will be responsible for any costs you incur as a result of your failure to obtain the required documentation including, without limitation, any costs associated with rejoining the tour or returning home.
Vaccinations. Immunization requirements vary from country to country. Please consult your personal physician, a local public health board or the relevant national authority in your jurisdiction of residence. Required inoculations, if any, must be recorded by traveler’s health practitioner on a valid vaccination certificate which the traveler must carry for proof of inoculation where required.
Smoking. You acknowledge that vessels, motorcoaches and other vehicles, restaurants, hotels and other accommodations do not permit smoking. Although ONE DREAM TRAVEL may attempt to provide opportunities for smoking during the tour, ONE DREAM TRAVEL does not guarantee such opportunities will be available.
11. Force Majeure.
For the purposes of these Terms, a “Force Majeure Event” means any act of God; war; terrorism; fire; flood or any other extreme weather condition; loss of power; epidemics or pandemics; industrial disputes, slow-downs or other strike activities; riots or civil disturbances; acts of government, semi-government or other authorities; inability to obtain any necessary license or consent; delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers); material shortages; or other any other disruption, delay, damage or loss resulting from any action, omission or event outside the reasonable control of ONE DREAM TRAVEL. You hereby acknowledge and agree that ONE DREAM TRAVEL is not liable for any delay or any failure by ONE DREAM TRAVEL to perform its obligations under these Terms resulting from or as a consequence of a Force Majeure Event. If a delay or failure occurs or is anticipated due to Force Majeure Event, ONE DREAM TRAVEL’s obligations are suspended for the duration of the Force Majeure Event. ONE DREAM TRAVEL may immediately terminate this agreement, if the Force Majeure Event delays performance for a period of 7 days or more, calculated from the date ONE DREAM TRAVEL notifies you of the Force Majeure Event.
12. Limitations of Liability; Disclaimer of Damages; Indemnification
Waiver of Responsibility. Without intending to limit the generality of the other limitations and disclaimers set forth herein, and to the fullest extent permitted by applicable law, you hereby acknowledge and agree that ONE DREAM TRAVEL accepts no responsibility and will not be liable to you or any third party for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with: (1) any tour risks or other aspects of the tour of which you were notified in these Terms; (2) any change to your itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the tour; (3) any loss or damage to your baggage; (4) any personal injury or death resulting from acts or omissions, including negligence, of any third parties providing goods or services to you during the tour, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (5) any loss of enjoyment by you due to circumstances outlined in these Terms or otherwise beyond ONE DREAM TRAVEL’s control. You further acknowledge and agree that, in issuing tickets and coupons for transportation of the customer by any means and making arrangements for hotel or other accommodation, ONE DREAM TRAVEL is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation and, therefore, accepts no responsibility for their acts or omissions.
Limitation of Indirect and Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ONE DREAM TRAVEL NOR ITS PROVIDERS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS CONTRACT OR ANY OTHER DOCUMENTATION ENTERED INTO IN CONNECTION HEREWITH, OR RESULTING FROM THE FURNISHING, PERFORMANCE OR USE OF ANY OF ONE DREAM TRAVEL’ S PRODUCTS OR SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusive Remedy; Limitation of Direct Damages. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF A BREACH BY ONE DREAM TRAVEL OF ANY OF ITS OBLIGATIONS HEREUNDER SHALL BE LIMITED TO ONE OF THE FOLLOWING REMEDIES, IN ONE DREAM TRAVEL’ S SOLE DISCRETION: (A) IN THE CASE OF GOODS, REPAIR OR REPLACEMENT OF SUCH DAMAGED OR FAULTY GOODS WITH THE SAME OR EQUIVALENT GOODS OR THE REIMBURSEMENT OF THE AMOUNT YOU PAID FOR SUCH GOODS, AND (B) IN THE CASE OF SERVICES, SUPPLYING THE SERVICES AGAIN OR REIMBURSING THE COST YOU PAID FOR THE SUPPLY OF SUCH SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, HOWEVER, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ONE DREAM TRAVEL AND ITS PROVIDERS AND SUPPLIERS FOR ANY CLAIMS, LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF THIS CONTRACT EXCEED THE TOTAL FEES PAID BY YOU AND ACTUALLY RECEIVED BY ONE DREAM TRAVEL WITH RESPECT TO THE TOUR OR CRUISE WITH RESPECT TO WHICH THE CLAIM AROSE. THE LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SET FORTH HEREIN SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ONE DREAM TRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS, AND HEREBY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE, LAW OR OTHERWISE, WITH REGARD TO ANY OF ITS PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR ANY IMPLIED WARRANTIES PERTAINING TO TITLE. WITHOUT LIMITING THE FOREGOING, ONE DREAM TRAVEL DOES NOT WARRANT THAT YOUR TOUR WILL BE WITHOUT DELAY, INTERRUPTION OR CHANGE.
Survival. This Paragraph 13 shall survive any termination of the Contract.
13. Governing Law/Jurisdiction; Dispute Resolution.
All disputes arising under or in any way related to this Contract, including the enforceability and interpretation of this Contract (each, a “Dispute”), shall be governed by the laws of the province of British Columbia, without giving effect to its conflicts of laws rules or principles unless required otherwise by applicable laws of your jurisdiction of residence.
14. Entire Agreement.
This Contract constitutes the entire agreement between the parties and supersedes any prior understanding or discussions, whether oral or in writing.
Any questions or notices pertaining to your Booking, or these Terms shall be addressed to: ONE DREAM TRAVEL dba Maple Fun Tours Ltd., #610 – 997 Seymour Street, Vancouver, BC, Canada V6B 3M1. You can also contact us at: 1-604-428-0470 / Toll Free: 1-855-663-3736, or via email at email@example.com.
ONE DREAM TRAVEL may only waive a right or remedy created under these Terms in writing. ONE DREAM TRAVEL’s delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by ONE DREAM TRAVEL (either wholly or in part) operate as a subsequent waiver of the same or any other right.
ONE DREAM TRAVEL may make changes to these Terms from time to time.
Any term which is, by its nature, intended to survive termination of these Terms survives termination.
Unless the context indicates otherwise: (1) headings are for convenience only and do not affect interpretation; (2) the singular includes the plural and vice versa; (3) a reference to a party includes its successors and permitted assigns; (4) where a word or phrase is defined, other grammatical forms have the corresponding meaning; (5) the word ‘include’ in any form is not a word of limitation; (6) no rules of construction apply to the disadvantage of ONE DREAM TRAVEL on the basis that this Contract was prepared by ONE DREAM TRAVEL (7) a reference to a natural person includes their personal representatives; and (8) unless specifically indicated otherwise, the word “or” is used in the inclusive sense of “and/or” and not the exclusive sense of “either/or.”
20. Third Party Rights.
You acknowledge and agree that ONE DREAM TRAVEL’s affiliates shall be third party beneficiaries to these Terms and shall be entitled to directly enforce, and rely upon, any provision herein which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.