Terms and Conditions of Sale
THESE TERMS & CONDITIONS (the “Terms”), in conjunction with your Trip Program & Booking website link provided by Agent (the “Trip Program & Booking”), will govern the relationship between Best Golf Trips (the “Agent”) and you (the “customer”), and anyone for whom you are paying (“others on the Booking”).
The Travel Services Booked
Agent books the travel services on behalf of customer and others on the Booking and all obligations and liabilities with respect to the travel services are those of customer and others on the Booking. The travel services booked for customer and others on the Booking will be set out on the Trip Program & Booking.
Obligations and Recommendations of the Agent
Agent will source travel services based on the information provided by customer for use by customer and others on the Booking.
Agent books travel services on behalf of customer and others on the Booking and customer and others on the Booking accept the terms and conditions of each travel supplier. A link to each travel supplier’s website, on which further details can be found, is provided on the Trip Program & Booking.
Agent strongly recommends that customer and others on the Booking, purchase travel insurance, including trip cancelation, trip interruption, baggage and medical coverage.
Obligations & Acknowledgements of the Customer
Customer confirms being at least 18 years old and legally capable of requesting Agent make a booking for the travel services for customer and others on the Booking.
Customer and others on the Booking must review and verify all details set out on the Booking, all itineraries and invoices upon receipt from Agent and must immediately advise Agent of any errors or omissions.
Customer shall provide a copy of these Terms and any changes to these Terms to others on the Booking before asking Agent to make a booking for any travel services.
Customer acknowledges that customer and others on the Booking have received and reviewed the Trip Program & Booking.
Customer and others on the Booking acknowledges that Agent books travel services on behalf of customer and others on the Booking and customer and others on the Booking accept the terms and conditions of each travel supplier. A link to each travel supplier’s website, on which further details can be found, is provided on the Trip Program & Booking.
Customer acknowledges that Agent has recommended that customer buy travel insurance and customer confirms that customer has advised others on the Booking of that recommendation to buy travel insurance. Customer acknowledges that some countries will refuse entry if customer or others on the Booking do not have proof of travel insurance including medical coverage.
Customer and others on the Booking, are responsible for ensuring that they have all necessary travel documentation, including a passport (valid until 6 months after the expected return date), visas, parental consents to travel with minors required by any destination to which they are travelling or through which they will transit and pardons with respect to any criminal conviction.
Customer and others on the Booking, acknowledges that even with possession of the required documentation and information s/he may be refused entry into a country at either the point of departure or arrival.
Customer and others on the Booking acknowledges that the destination(s) to which they are travelling may have living standards and practices and standards and conditions with respect to the provision of utilities, services and accommodation, that may differ from what they are used to at home.
Customer and others on the Booking shall be responsible for complying with all customs, rules and procedures of the travel supplier and failure to comply with all such travel supplier customs, rules and procedures may result in customer or others on the Booking being removed from the premises and refused future use of the travel services. In this case no refunds will be issued. Customer and others on the Booking acknowledge that they are travelling as a travel group. If customer(s) / others on the Booking within a travel group are failing to comply with all customs and procedures of the travel supplier, and are subsequently removed from the premises and refused future use of the travel services, this removal from the premises and refusal of travel services may be extended to to the entire travel group at the sole discretion of the travel supplier. In this case no refunds will be issued.
Customer shall be responsible for notifying Agent of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of customer and others on the Booking, at the time of making the Booking. Agent will make travel suppliers aware of such requests and customer shall be responsible for any additional costs for such requests, however Agent shall not be responsible for any failure by the travel suppliers to provide such services.
Customer acknowledges that a credit card is required for each room at the time of check in at a hotel and a preauthorized amount will be held by the credit card company in favour of the hotel until check out to cover any damages and/or incidental amounts charged by customer during the stay. Customer also acknowledges that failure to present a valid credit card and permit the preauthorized amount to be charged to the credit card will result in the reservation being cancelled by the hotel.
Agent shall not be liable for any damage or loss suffered by customer or others on the Booking, including the inability to use any of the travel services, as a result of failing to comply with any of the obligations in this section.
Price of Travel Services
Prices quoted by Agent for travel services are based on information provided to it by travel suppliers, include all applicable taxes. Prices quoted by Agent do not include any departure tax charged by a country/state/province included on the Booking.
Payment for Travel Services
Customer is responsible for payment of all travel services booked for customer and others on the Booking.
Customer and the others on the Booking, represents to Agent that customer has the authority to use any credit card the details of which customer provides to Agent without presenting the actual card to Agent. Customer authorizes Agent to use any credit card the details of which customer provides to Agent to pay for travel services for customer and/or others on the Booking and to make those payments to Agent or a travel service supplier as directed by the Agent. Customer and others on the Booking agrees not to make a claim for chargeback on any credit card the details of which customer provides to Agent.
Payment Schedule, Cancellation Policy and Booking Transfers
Each booking has its own payment schedule and cancellation policy, as detailed on the Trip Program & Booking, all of which is considered a part of these Terms and are binding on customer and others on the booking.
A Booking is not transferable unless authorized by Agent.
Customer must make any change or cancel a booking for customer or others on the Booking, with Agent and not with a travel supplier.
Privacy
Agent shall comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information. In particular it will:
- Protect personal information held by it.
- Identify the purpose of its collection and how it will be used.
- Use the information collected only for the stated purpose.
- Ensure that the information is accurate, complete and up to date.
- Protect the information against loss or theft.
- Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.
Change or Cancellation by Travel Services Supplier
The travel services are typically sold well in advance of travel dates and in very rare instances, they are modified or not available. Most often changes to the travel services will be minor, however a travel supplier may make a more significant change, for example a change of time of departure or return by more than 24 hours; change of the standard of the accommodation; change of route requiring other identification or documentation when there is insufficient time to meet these requirements before departure; or an error in price. In these circumstances the rights of customer and others on the Booking, shall be governed by the terms and conditions of the travel supplier and these Terms.
Acknowledgement of Global Pandemic Effect on Travel Services
Agent has advised customer that because of the worldwide effects of COVID 19 Agent cannot provide any assurance about conditions in any location, the methods used in any location to manage COVID-19, the services or amenities available in any location, or the effects of COVID-19 on any of the travel services. Knowing of the conditions and having been given this warning by Agent, customer, on his/her own behalf and on behalf of others on the Booking, acknowledges that use of the travel services has significant inherent risks and that customer and others on the Booking agree to waive any and all rights s/he/they may now have or may have in the future against Agent and affiliates for any damages, actions, causes of action, proceedings, suits, debts, dues, covenants, contracts, claims and demands as a result of any adverse circumstances caused by or arising from the use of the travel services, including those related to delay, interruption or cancellation of some or all of the travel services, causing customer and/or others on the Booking, to have to remain in transit or stay at a location for longer than anticipated, all at the expense of customer or others on the Booking.
Indemnification by Customer
Customer undertakes and agrees to defend and indemnify Agent and hold Agent harmless, at customer’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Agent may sustain or incur by reason of:
(a) any breach of these Terms by customer or others on the Booking;
(b) anything stated by customer to others on the Booking that is contrary to any of these Terms or the terms and conditions of any travel supplier;
(c) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by customer or any one or more of the others on the Booking;
(d) a claim, demand, suit, etc. made by one or more of the others on the Booking; and
(e) a claim by a credit card company or other third party dealt with by Agent in relation to the booking of travel services for customer or others on the Booking, including any charge back request by others on the Booking or credit card issuer.
Changes to these Terms
Agent may make changes to these Terms from time to time and all changes shall be binding on customer and others on the Booking from the date on which the change is brought to customer’s attention.
Agent Responsibility
Agent arranges travel services with independent third parties, such as transfer companies, baggage handlers, golf courses and other independent suppliers to provide customer and others on the Booking, with the travel services purchased. Agent exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Agent does not control these independent suppliers and cannot be held responsible for their performance or lack thereof.
Agent is not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, agent, employee or sub-contractor supplying any of these travel services.
Agent is not responsible for consequential damages or special damages suffered by customer or others on the Booking, even in circumstances in which Agent is aware of the reason customer or others on the Booking are using the travel services, including circumstances in which customer or others on the Booking arrive at a destination later than expected and/or are unable to use any travel services on the Trip Program & Booking, whether the travel service is included in the price of the Trip Program & Booking or not.
Neither customer nor others on the Booking shall have any claim against Agent by reason of customer or others on the Booking failing to purchase travel insurance or because customer failed to advise others on the Booking to purchase travel insurance.
Neither customer nor others on the Booking shall have any claim against Agent by reason of customer or others on the Booking being removed from any premises or being prevented from any future use of a travel service due to a failure by customer or others on the Booking to comply with all customs, rules and procedures of a travel supplier.
Limitation of Agent Liability
Agent’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to Agent by customer or any one of others on the Booking, in relation to which any claim by customer or any one of others on the Booking, is made.
Force Majeure
In no event shall Agent be liable for any failure to perform Agent’s obligations or delay in performing Agent’s obligations where such failure or delay is due to events beyond Agent’s control which prevents the performance of Agent’s obligations, including without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services.
Where a force majeure event has occurred, performance of Agent’s obligations shall be suspended for the duration of the force majeure event, and Agent shall perform Agent’s obligations only when it is possible to do so.
Customer acknowledges that Agent, on behalf of customer and others on the Booking, will forward funds to independent third party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded.
Customer acknowledges that Agent, on behalf of customer and others on the Booking, may be required to forward funds to independent third party travel suppliers prior to trip date. Once forwarded, these funds may not be recovered and/or refunded.
In any event, the liability of Agent arising out of force majeure event shall not exceed amounts paid directly by the customer or any one of the others on the Booking, to Agent, and Agent shall not be liable for any consequential or indirect damages or legal costs incurred by any party.
General Provisions
NOTICE: Notice may be provided either in writing, to the last address provided by the customer/Agent, delivered by hand, or by email or other electronic method, in which case it will be effective only when it acknowledged by the other party.
PARTIAL VALIDITY: If any provisions of these Terms are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
MODIFICATION: These Terms may be modified by Agent at any time.
LAW GOVERNING TERMS: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario.
FORUM FOR DISPUTES: Customer and Agent agree that the courts of Ontario shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms.
COMPLETE UNDERSTANDING: These Terms in conjunction with your Trip Program & Booking represent the complete understanding of the customer/Agent with respect to the booking of travel arrangements and specifically exclude any representation made that is not included in these Terms or Trip Program & Booking.
WAIVER: No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
If you have any questions regarding your booking, please contact Best Golf Trips directly.
1-866-469-1809
info@bestgolftrips.ca
