Chapters and Chill Travel Terms and Conditions

Standard Terms

Basic Terms

Chapters and Chill Travel (CACT) arranges travel services with independent third parties, such as airlines, transfer companies, baggage handlers, cruise lines, hotels and other independent suppliers to provide you and others listed on this Form, with the travel services purchased. CACT exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability.  However, CACT does not control these independent suppliers and cannot be held responsible for their performance or lack thereof.  CACT 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.  CACT is not responsible for consequential damages or special damages suffered by you or others listed on this Form, even in circumstances in which CACT is aware of the reason you or others listed on the Form are using the travel services, including circumstances in which you or others listed on the Form arrive at a destination later than expected and/or are unable to use any travel services on the Form, whether the travel service is included in the price or not.  Neither you nor others listed on this Form shall have any claim against CACT by reason of you or others listed on this Form failing to purchase travel insurance or because you failed to advise others listed on the Form to purchase travel insurance.

Limitation of Agent Liability

CACT'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 by you or others listed on this Form, in relation to which any claim by you or others listed on this Form, is made.

Travel Services

All travel services are subject to the terms and conditions imposed by the supplier of the travel services, including airlines, hotels, restaurants, places of entertainment, tour operators.  These travel services are subject to charges and/or restrictions for any changes or cancellation. Refunds, in whole or in part, for unused travel services are subject to the terms and conditions of those suppliers. CACT shall only be responsible for refunding the net amount recovered from the travel service supplier, less amounts expended to provide alternate services and its other related expenses. You acknowledge that you or others listed on this Form may be required to provide credit card information to the supplier directly to confirm the reservation.  Charges processed by a supplier will appear on your or others listed on this Form credit card statement. All costs including fares, taxes, and surcharges are subject to change without notice until full payment is received by CACT  Price increases are permitted unless booking is paid in full. If the total price of the travel service is increased and the cumulative increase, except any increase resulting from an increase in retail sales tax or federal goods and services tax, is more than 7 percent, you have the choice of a full refund or comparable alternate travel services. (TICO-Ontario). Your Receipt/Invoice may include charges from CACT for administration fees which are non-refundable. Additional fees and/or restrictions may apply to reservation changes and/or cancellations.

Collection Personal Information

CACT may, from time to time, collect personal information about you as result of your relationship with us. CACT may collect, use and disclose such personal information to determine your eligibility for and interest in products and services from CACT, its affiliates or carefully selected third party business partners. We may also use this information to establish, maintain and manage your relationship with Travel by Melissa and to provide you with ongoing services and for other uses as set by our Privacy Policy. As you do business with CACT, we may monitor and/or record your telephone conversations with our customer service representatives to ensure service quality.CACT retains your personal information only as long as required for our reasonable business and/or legal needs.

Travellers Obligations

You confirm being at least 18 years old and legally capable of requesting CACT to make a booking for the travel services for you and other others listed on this Form. You agree to provide a copy of these Terms and Conditions, and any changes to them, to others listed on this Form before paying for this booking. You acknowledge that you and the others listed on this Form, have been directed to review the terms and conditions of the suppliers of the travel services listed on this Form, including including airlines, hotels, restaurants, places of entertainment, tour operators, including baggage allowances, check-in times, and advised that any questions you and others listed on this Form have about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier. You and others listed on this Form, 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. You and others listed on this Form, acknowledge 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. You and others listed on this Form, acknowledge 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. You are responsible for notifying CACT of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of you and others listed on this Form, at the time of completing this Form.  CACT will make travel suppliers aware of such requests and you shall be responsible for any additional costs for such requests, however CACT shall not be responsible for any failure by the travel suppliers to provide such services. You acknowledge 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 you or others listed on this Form during the stay.  You also acknowledge 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. CACT shall not be liable for any damage or loss suffered by you or others listed in this Form, 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.

Indemnification by Customer

You undertake and agree to defend and indemnify CACT and hold CACT harmless, at your sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that CACT may sustain or incur by reason of:(a) any breach of these Terms by you or others listed on this Form;(b) anything stated by you to others listed on this Form that is contrary to any of these Terms and Conditions 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 you or any one or more of the others listed on this Form;(d) a claim, demand, suit, etc. made by one or more of the others listed on this Form; and(e) a claim by a credit card company or other third party dealt with by CACT in relation to the booking of travel services for you or others listed on this Form, including any charge back request by others on the Booking or credit card issuer.

Force Majeure

In no event shall CACT be liable for any failure to perform its obligations or delay in performing its obligations where such failure or delay is due to events beyond its control which prevents the performance of its 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 CACT's obligations shall be suspended for the duration of the force majeure event, and it shall perform its obligations only when it is possible to do so. You acknowledge that CACT, on behalf of you and others listed on the this Form, will forward funds to independent third party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded. In any event, the liability of CACT arising out of force majeure event shall not exceed amounts paid directly by you or any one of the others listed on this Form, to it, and it shall not be liable for any consequential or indirect damages or legal costs incurred by any party.

Partial Validity

If any provisions of these Terms and Conditions 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.

Law Governing these Terms and Conditions

These Terms and Conditions shall be governed by and construed in accordance with the with the province of the location of the agent.

Forum for Disputes

You and CACT agree that the courts of the province of the location of the agent, shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms and Conditions.

Waiver

No waiver of any provision(s) of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.

Complete Understanding

These Terms and Conditions represent the complete understanding between CACT and you and the others listed on this Form with respect to the booking of travel arrangements.  Any verbal statement or other representation made by anyone to you or others listed on this Form that is not included in these Terms and Conditions is specifically excluded from the understanding between you and the others listed on this Form and CACT.