TERMS AND CONDITIONS FOR FLIGHT TOURS AND TRAVEL PACKAGES
(The present terms and conditions come into effect as of September 4th, 2018)
The purchase of a package constitutes a contractual agreement and implies your acceptance of the terms and conditions listed below. Therefore, please make sure you have carefully read and understood these Terms and Conditions before making your reservations.
Vacances Phénix has put forth all necessary efforts in order to ensure that, at the time of publication, all descriptions on our site or on the papers are true and accurate. For several reasons out of our control, modifications may occur from time to time. These changes will be duly noted and our website will be updated accordingly on a regular basis. It is consumers’ responsibility to check if these changes in the services reserved have been applied, by consulting either our site regularly or your travel agent.
2. PRICES INDICATED
Prices are quoted in Canadian dollars (CAD$) unless indicated otherwise. Prices are valid on the date of publication in our document, and are subject to change without notice. Vacances Phénix reserves the right to increase or decrease published prices. Several factors may influence the fares, including, but not limited to, an increase in the cost of aviation fuel, transportation taxes and various amended government taxes. Such charges may be included in a travel service price or shown as an additional amount, depending on the destination.
These Terms and Conditions are deemed accepted when the reservation is completed. All deposits or full payment* shall be made by check, debit card, credit card or cash before it can be confirmed.
Unless indicated otherwise in these Terms and Conditions, all amounts are per person. The deposit for reservation or the full payment is neither refundable, nor exchangeable, nor transferable. One photocopy of your passport which is valid for six (6) months after the return date is required upon reservation. An extra expense or penalty will apply if the passport copy is not received three months prior to your departure. Please pay attention that Vacances Phénix will not take an y responsibility to pay any extra expense or penalty caused by your passport copy delay, and the extra expense or penalty may up to $1,000.00 or an amount equals to flight tickets.
* Full payment is required for all final sales.
4. PAYMENT AND INSURANCE
Consumers shall settle the total of all sums (due three months before departure). Otherwise, Vacances Phénix reserves the right to cancel the reservation and retain the full amount of the initial deposit. An extra charge of $100.00 will apply on any room occupancy change after the final payment of single room fee.
Reservations do not include insurance charges. Vacances Phénix strongly recommends that you purchase travel insurance. After your reservation has been completed, please contact with our travel agent in order to discuss the various travel insurance plans available (cancellation, baggage, etc.). The fee of client compensation fund (1‰) is included in travel package fees.
5. PAYMENT CONDITIONS
Vacances Phénix reserves the right to cancel your booking if your payment is declined by the bank, and a certified check or a bank draft is required with a penalty of $30. Please note that a penalty of 10% of the amount paid will be applied if any modification of payment method is made provided that you are still eligible for the trip.
6. FOREIGN TRANSACTION FEE
Foreign transaction fees are charged by most credit card companies on purchases made in a foreign currency, or on purchases that involve a foreign bank (regardless of whether a foreign currency is used). Usually, foreign transaction fees are a percentage of the amount of each foreign currency purchase, with no minimum or maximum limit. Sometimes this fee is called a foreign exchange fee. It once was called a currency conversion fee. Foreign transaction fees are charged by U.S. transaction processors such as Visa and MasterCard. The card issuing bank may choose to pass that fee along to consumers; most do, and some tack on their own fees. Vacances Phénix takes no responsibility for foreign transaction fee and/or currency conversion fee.
7. CANCELLATION CONDITIONS
Cancellation of a reservation can only be made through Vacances Phénix, the following conditions will apply in the event of cancellation.
Please note that for all payments effectuated are non-refundable, nor exchangeable, nor transferable, regardless when the purchase/reservation is made.
All cancellation shall be carried out upon the receipt of such cancellation in writing. Additional fees may apply if the customer in question intends to resume the travel after the travel has been cancelled by oneself or his/her designated representative. Such fees include, but not limited to, expenses and costs for flight reservation, hotel reservation, domestic transportation, meals, cruise, admission fees for attraction sites, administration fees and so on.
No refunds will be made by Vacances Phénix for services either cancelled or unused subsequent to departure.
In the case that one of the passengers in double occupancy cancels his/her trip, another passenger is subject to pay the single occupancy supplement.
Please note that changing fees apply on any kind of room type modification, which means in order to validate the modification, each guest who occupies double or triple room shall pay the changing fees.
Vacances Phénix takes no responsibility for any related lost on travel insurance or personal preparation expenses etc. regarding trip cancellation by Vacances Phénix.
8. AIRLINE TICKETS
Full name on your passport is required. It is the responsibility of consumers and travel agents to ensure that the information appearing on the airline tickets, vouchers and other travel documents is consistent with booking arrangements. A photocopy of passport (valid at least six months after the return date) is required upon reservation in order to guarantee the accuracy of flight ticket reservation. Please note that the travel document you provided shall absolutely be in accordance with that you use for your trip. Vacances Phénix takes no responsibility for any related lost and further, the extra cost or penalty will be on your own.
For land-package only, a copy of international tickets (for round trip) is required prior to departure. If there are any additional costs result from failure to provide the international tickets, Vacances Phénix disclaims taking any responsibility.
9. FLIGHTS AND CARRIERS
Consumers acknowledge and accept the following:
Flights offered by Vacances Phénix are conducted in accordance with the conditions governing Advance Booking Charter (ABC) and Inclusive Tour Charter (ITC) flights, and are pursuant to regulations set by the Canadian Transportation Agency. All such flights and rates are also subjected to the approval by the relevant government authorities. Because the regulations governing charter flights differ from those applying to regularly scheduled flights, consolidations and changes in the published schedule, type of aircraft, days of operation, Airline Company that providing the air transportation services and flight itineraries may be more frequent and can occur without prior notice. Due to different policies of air mileage programs, Vacances Phénix Inc. is not responsible for the earning of air miles.
Schedule check and reconfirmation
Flight schedules are subject to change without notice. All consumers having purchased a flight from Vacances Phénix shall check the flight schedule with the airline company and/or a Vacances Phénix representative during the 24-hour period immediately preceding either the departure or the return date. Consumers shall reconfirm their return flight in the 24 to 72 hours before the scheduled take-off time.
It is mandatory that consumers arrive at the airport check-in counter at least two (2) hours prior to departure, failing to do so may cause their reservation be cancelled and their seats be assigned to other consumers. Under such circumstances, consumers have no right of recourse.
Aircraft seating will be conducted exclusively at the airline check-in counter.
Other applicable conditions
Air transportation is subject to all applicable government regulations and is governed by the Warsaw Convention and the Conditions of Contract appearing on the airline ticket.
10. LODGING ROOM ALLOCATION
Hoteliers are solely responsible for room allocation, in accordance with the category reserved by consumers. Should consumers choose to alter their room category upon arrival at destination (upon availability), they shall make their own arrangements with the hotelier and assume all additional fees levied by them. Special requests concerning room amenities and location can be transmitted to the hotelier. These requests do not constitute a confirmation under any circumstances.
Check-in and check-out conditions
Consumers hereby recognize and accept that hoteliers, in accordance with international standards, request that occupants check in between noon and 3 pm and check out by noon on the scheduled day of departure or by noon on the day immediately preceding a late-night departure. The hotel will advise the consumer of the check-out time when he/she checks in at the hotel. Whenever meals and/or drinks are included in the package holiday, consumers are eligible for meal and drink services from the time they check in to the time they check out.
Air carriers have individual rules and regulations with respect to baggage weight, size and number. Consumers shall consult with their travel agent for applicable restrictions. In general, the airline company accepts checked baggage weighing up to 20 kg (44 lb.) per person. An additional fee of $5 per kg (price subject to change without notice) is levied for all baggage in excess of the 20 kg limit. Additional baggage is subject to acceptance by the carrier. Each person is also allowed one piece of hand luggage, which shall not exceed 5 kg (11 lb.) in weight and 23 X 40 X 51 cm or 9 X 16 X 20 inches in size.
The provisions of the Warsaw Convention, as well as the notice appearing on the passenger ticket and baggage check, govern the loss of and the damage to baggage, and establish the limits of carrier liability. At all other times, consumers bear the risk of baggage transportation by themselves. As a means of extra protection, consumers should purchase travel insurance.
12. TRAVEL DOCUMENTS
It is the full responsibility and expense of consumers to obtain all documents required by all relevant government authorities. Canadian citizens shall show proof of citizenship (birth certificate, passport or citizenship card) and official identity card with picture for destinations where passports or visas are not required. It is the responsibility of the consumer to ensure the possession of any travel documents required by North America, Europe, Asia and other countries of destination and connections, as well as the return to Canada. It is the responsibility of the consumer to disclose with their travel agent regarding any special issue or conditions when transiting at any third country customs. Vacances Phénix accepts no responsibility for any losses caused by the refusal of visas for countries of destination and connection (as a result of criminal records or other issues), or any customs problems. For consumers who travel with children, other documents may also be necessary. For travel outside of Canada, most countries require a passport valid for at least six months beyond your return date. One (1) parent traveling with one (1) child may have to produce an affidavit signed by the other parent authorizing the child to travel. Consumers shall check with their travel agent to find out which documents are required, and then make certain that they have the documents in hand prior to departure. Consumers failing to provide the required documents may be denied boarding privileges by the carrier or relevant authorities. Under such circumstances, consumers have no right of recourse or refund. No refund or replacement will be given for lost or stolen travel documents.
13. CONSUMERS REQUIRING CARE AND ASSISTANCE WHILE TRAVELING
Any consumer that requiring special care, assistance, attention or treatment shall advise Vacances Phénix and the airline of any and all specific needs at the time of booking, in order to arrange for a means of access to air transportation. Vacances Phénix and the airline reserve the right to refuse passage to consumers who seem unlikely to be able to complete a trip, or for whom such a trip could prove dangerous to either themselves or others around them.
14. CHANGES TO TRAVEL SERVICES
If confirmed goods or services are no longer available prior to the departure date or subsequent to arrival at destination, Vacances Phénix reserves the right to substitute them for comparable goods or services, or to cancel them in the case of default. If the substituted goods or services are of lesser value, the liability of Vacances Phénix shall be limited to the sole difference in cost. If the substituted goods or services are of greater value, the consumer will be required to disburse an amount equal to the difference between the original prices and the substituted goods or services. The consumer will be entitled to refuse such substitutions; in such a case, and in the event of a cancellation, liability of Vacances Phénix shall be limited to the reimbursement of the price of the goods or services paid by the consumer.
15. CONSUMER RESPONSIBILITY
Consumers are responsible for ensuring that they are in adequate physical condition for travel, that they have a sufficient quantity of required medication with them, and that they carry such medication in their carry-on baggage at all times. Consumers shall also consult competent medical authorities before departure to inquire about preventive medical measures in regards to the destination countries and/or cities.
16. FORCE MAJEURE
Vacances Phénix cannot be held liable for any delay and any additional costs for delays, including flight delays caused by weather or technical incidents etc., loss of personal belongings, injury, accident, mortality, damage, inconvenience, loss of enjoyment, upset, disappointment or frustration, either mental or physical, owing to a force majeure ; that is to say, an unforeseeable event such as, but not limited to, the following: any unjustifiable or negligent act or omission of a service provider or an employee therefore any illness, theft, trade dispute, mechanical breakdown, quarantine, war, government constraints, civil unrest, poor weather conditions, closing or poor state of repair of an access road, or other factors over which no reasonable control can be exercised by either Vacances Phénix or the service providers thereof.
17. COMMENTS AND COMPLAINTS
At destination, consumers shall contact a Vacances Phénix representative immediately to get assistance and to remedy any problem without delay, whenever such a problem can be reasonably remedied. In the event that a problem cannot be solved or dealt with immediately, consumers are requested to forward the specifics of the incident in writing to their travel agent within thirty (30) days of their return; otherwise, no action will be taken.
18. APPLICABLE LAWS
This agreement is governed by the laws of the Province of Quebec and any action that may be instituted against Vacances Phénix shall be brought in the courts of that province. The invalidity of any of the provisions contained herein shall not invalidate or supersede this document in its entirety.
Vacances Phénix reserve the right to change Air Company, order of visits of the tour and hotels (same categories) without notice. Your reservation with Vacances Phénix indicates that you have read the terms and conditions established by Vacances Phénix Inc.
THANK YOU FOR TRAVELING WITH VACANCES PHÉNIX. HAVE A NICE TRIP!