Booking Terms & Conditions
These Terms and Conditions will apply to your booking purchased from Independent Luxury Travel Inc. and govern the contractual relationship between you & Independent Luxury Travel Inc with respect to any travel services. Please read these terms carefully as you will be legally bound by them. These Terms shall constitute the entire agreement between the Company Independent Luxury Travel Inc. and the Client relating to the subject matter herein, and shall constitute a legal binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The contract and booking is made with Independent Luxury Travel Inc. and services will be provided by local third party partners. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes & chargebacks.
1. THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with Independent Luxury Travel Inc. or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Independent Luxury Travel Inc sends a confirmation invoice or email. It is at this point that a contract between Independent Luxury Travel Inc and the Client comes into existence. Before your booking is confirmed and a contract comes into force, Independent Luxury Travel Inc reserves the right to increase or decrease prices. Independent Luxury Travel Inc or their agents reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with Independent Luxury Travel Inc. which sells the tours described in this website www.independentluxurytravel.com and or through its “Agents” who sell the Company’s tours through an agreement with the Independent Luxury Travel Inc. These Terms and Conditions shall constitute the entire agreement between Independent Luxury Travel Inc and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify Independent Luxury Travel Inc may result in the Client being refused to travel. Failure to notify Independent Luxury Travel Inc of any such condition that results in cancellation or refused travel will have no refund to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking.
The currency applied to the Clients booking will be in $USD or $CAD at the time of booking.
4. CANCELLATION OF A TRIP BY THE CLIENT
Any cancellation by a Client must be made in writing and be acknowledged by Independent Luxury Travel Inc in writing. The date on which the request to cancel is received by Independent Luxury Travel Inc. will determine the cancellation fees applicable. Each hotel selected by the client may have different cancellation policies and may differ from what is written below. In that case we will go with the selected hotels cancellation policy.
Cancellation: The cancellation fees are expressed hereafter as a percentage of the total price paid, excluding insurance.
Cancellation received 60 days or more before departure - Full Refund (excluding airline tickets, or any other arrangements made by the client)
Cancellation received 59-31 days before departure - 50% Refund
Cancellation received less than 30 days before departure - No Refund
If a refund is due to the client, Independent Luxury Travel Inc. will issue a refund within 30 days of notice from the client.
6. CANCELLATION OF SERVICES BY THE COMPANY
The Company reserves the right to cancel our services for any reason, but will not cancel our services less than 30 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the Company’s control.
The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
8. ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:
“I understand that using Independent Luxury Travel Inc. to arrange services may involve risks, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home. I have read and understood the Trip Details for my trip. I am undertaking and have provided details of any pre-existing medical conditions I may have to an Independent Luxury Travel representative. I accept these risks and obligations and I fully assume the risks of travel.
Excursions or tours are not provided by Independent Luxury Travel Inc., but Independent Luxury Travel can help arrange excursions or tours on your behalf. You may you choose to book or pay for excursion or tours whilst on holiday that are not part of your travel arrangements by Independent Luxury Travel Inc. Any such excursions or tours booked by you while on your trip, Independent Luxury Travel will not be held responsible.
10. TRAVEL DOCUMENTS
Valid Passport: The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the trip, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Documents: To expedite the issuing of travel documents please note that all trip related travel documents such as vouchers, itineraries and invoices will be sent via email.
11. FACTORS OUTSIDE THE COMPANY'S CONTROL (FORCE MAJEURE)
The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.
12. MISSED OR CANCELLED FLIGHTS
If for any reason your flight is cancelled because of a non-covered event such as a mechanical fault or you miss your flight and you then miss your pre-booked accommodations & transfers, Independent Luxury Travel will work closely with the hotels & transfer companies you selected to re-arrange dates/time to suite your new flight schedule. Independent Luxury Travel Inc. does not guarantee that the hotels or transfer companies will provide a refund or re-arrange your dates, even though we try to fix any issues that may arise in these circumstances. Please acquire the proper travel insurance that will cover you in these unforeseen circumstances.
Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or trip cancellation/interruption of your trip. Please note that such insurance is not included with your purchase.
14. CLAIMS AND COMPLAINTS
If a Client has a complaint against the Company, the Client must inform the Company or whilst on your trip in order that the Company is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on the trip will result in the Client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached, Client will put in writing to the Company directly to head office at ‘email@example.com’.
The Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Company and/or the relevant supplier could not even with all due care have foreseen or forestalled. The Company will not at any time be liable for any loss of or damage to valuables of any nature. The Client is precluded from making a double recovery by making the same claims and seeking recovery against the Company and its suppliers, contractors or other third parties. Independent Luxury Travel Inc. are not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services, or a force majeure event (as herein defined). Independent Luxury Travel Inc. shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while on their trip. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Independent Luxury Travel Inc. cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities, such as hotels, rental vehicles, or any other mode of transportation. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Independent Luxury Travel Inc. or of the third-party suppliers of any services which form part of the Contract then Independent Luxury Travel Inc. limits its liability, where applicable by all applicable International Conventions.
16. SUPPLIERS AND INDEPENDENT CONTRACTORS
Hotels, Transfer services or other elements of a your trip will be arranged by Independent Luxury Travel Inc. with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. Independent Luxury Travel Inc. will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. Neither the Company or any carrier is liable for independent contractors. Independent Luxury Travel Inc. ARE NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY.
17. APPLICABLE LAW
The Contract and these Terms and Conditions are subject to Canadian Law and the exclusive jurisdiction of the Canadian Courts.
The Company will provide personal information, as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the operation of the services requested. The Company will do all reasonably possible in endeavoring to protect personal information.
19. ONLINE BOOKINGS
All on line reservations shall be deemed as booked in Canada & that the client has read and accepted the terms & conditions, and shall be subject to Canadian law and jurisdiction.
20. UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Clients responsibility to be familiar with them. The latest terms and conditions may be found on the Company website www.independentluxurytravel.com
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2015 INDEPENDENT LUXURY TRAVEL INC. ALL RIGHTS RESERVED. 513 11007 Jasper Ave. Edmonton,AB Canada T5K 0K6
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