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(If Things Go Wrong)
T1. Introduction
When lawyers wrote this section, normally called the “fine print”, no one could understand it! We have tried to state the matters in plain language (and larger print).
These Terms and Conditions explain our relationships and responsibilities to each other. These only become important should things go wrong. Since we make strenuous efforts to avoid this situation, we seriously hope that no one ever needs this information, but we urge you to read it so as to avoid any misunderstandings.
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T2.
Our Agreement with You
The Agreement between us consists of three parts:
- Your Confirmation/Invoice;
- the Administration Arrangements
in the previous section; and
- the Terms and Conditions
in this section.
Please remember that you are entering into an Agreement with our Company that assumes that you fully understand and accept all these matters.
At the date of preparation, all information given in our communications with you, was correct to the best of our knowledge.
This Agreement with you supersedes any earlier communications; they are not part of our Agreement with you. This Agreement is our only agreement with you and cannot be changed except in writing by an authorized Company officer.
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T3. Our
Responsibility To You
Who We Are
The company which is arranging your travel is Ski America LLC, 2636 Yorktown #321, Houston, Texas 77056, USA . We are incorporated in the State of Texas and use the registered trade name “SkiCanada”. Our telephone number is 713-960-0900. Our fax number is 713-960-8966. Our E-mail address is travel@ski-canada.com.
What You Can Expect from Us
Travel is a distinctly personal experience giving rise to high anticipations. As our guest, we work to help you to achieve your expectations. We are dedicated to uncompromising standards of quality, value and service. We are committed to actively resolving any problems should they emerge.
Our Guarantee To You
We want you to travel with confidence and to be pleased with your travel experience. We guarantee to provide all your travel arrangements as agreed, and if, for any reason, this becomes impossible, we will make our best effort to ensure that you are not just satisfied, but pleased, with your travel experience.
Our Role and Responsibility
Our companies arrange your travel program. We do not supply the travel service components in the program; these are provided by various companies such as airlines, bus companies, and hotels, which have been identified to you on your travel documents. We act as agents for these suppliers.
We use suppliers which we believe to be reliable. However, each supplier is an independent company with its own management. We do not control the operations of the suppliers and are not responsible for their actions. If you have a mishap, loss or inconvenience with a supplier, you must make a claim with that supplier directly.
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T4.
Your Responsibility to Us
Acceptance
We can only provide travel arrangements to those who agree to these Terms and Conditions. When you accept an Agreement, pay money, and accept your tickets and vouchers, you are acknowledging that you have received, read, understand and consented to all these Administration Arrangements and Terms and Conditions.
Travel Companions
When you submit a reservation request for your travel companions, you are promising that the Administration Arrangements and Terms and Conditions will be communicated to, and accepted by every travel participant, and that you are authorized to sign on their behalf. Every travel companion must abide by these Administration Arrangements and Terms and Conditions as if he had signed an Agreement personally.
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T5. Risks
Travel Risks
Travel involves risks. You voluntarily accept these risks personally. You agree that we are not responsible for any injuries or damages which may occur during your travel, except if we are shown to have committed gross negligence.
Winter Sport Risks
Winter sports are hazardous activities and involve a risk of injury. You voluntarily accept these risks personally. You agree that we are not responsible for any injuries or damages relating to your participation in winter sports activities.
SkiCanada Staff
During your trip, when a member of SkiCanada staff accompanies or meets you, the staff person's responsibility is limited to ascertain that the travel components are carried out by the independent hotels and transfer companies under contract with SkiCanada.
At times, a SkiCanada staff member may ski with you. The staff person does so as a fellow skier and not as an instructor or guide. You agree, when a staff person descends a particular terrain, it does not indicate that the terrain is suitable for you. You are responsible for descending the terrain based solely on your own judgment of your physical ability, weather and snow conditions, and the inclination of the terrain.
Psychological Satisfaction
We will make our best efforts to ensure that your travel expectations are achieved. However, you agree that we cannot be responsible for any lack of psychological satisfaction in your travel experience.
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T6. Non-Discrimination
and Special Attention
Our company does not discriminate on any basis whatsoever.
Please advise us in writing of any restriction, or circumstance requiring special attention, so that we can try to make the appropriate arrangements for you. In the interests of the comfort and satisfaction of all members of a travel group, we may decline to accept, or to retain, any person at any time before, and during the travel.
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T7. Unexpected
Things That Can Arise
We intend to provide your travel arrangements exactly as we proposed and you accepted. However, by the nature of the travel experience, unexpected inconveniences sometimes arise.
Factors Forcing Changes
In this tumultuous world, external factors beyond our reasonable control may intervene in your travel arrangements. Such factors may include, among other things: disasters, weather conditions, flight or road conditions, changes in law or regulations, currency valuations and restrictions, political events, and so on.
If things of this nature occur, we may have to change travel reservations, prices, and schedules, or even cancel or terminate the travel. We will take such action when we feel that circumstances warrant it, or that it would be in your best interests. Such situations can cause delays resulting in additional expenses, or other consequences. You will understand that we cannot be responsible for these situations and we regret that we are not able to make any refunds for these reasons.
Overbooking, or If We Make
Changes
We never intentionally overbook, but sometimes we find that the transportation or the accommodation which you originally requested may not be available. When this situation arises, or if we have to make changes to your travel, we will let you know as early as possible. In these circumstances, we will substitute arrangements of the same, or better, category. If we are unable to provide equivalent alternative arrangements, you may cancel your travel without penalty.
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T8. How to
Resolve a Problem
If a Problem Arises
Every one of our staff members is committed to guest satisfaction and has the responsibility to resolve any problem. Please bring any problem to the attention of our staff member. If you are not satisfied with the response, please discuss the matter with our supervisor or manager. Please advise our President in writing within thirty days of any problem which you feel was not resolved in a satisfactory manner.
Resolution of Disagreements
Our company participates in the Better Business Bureau Customer Assistance Program for the resolution of business/consumer complaints. We promise to meet you promptly and to make a good faith attempt to resolve any complaint.
If we cannot resolve the matter between ourselves, we, and you agree to submit to the BBB mediation process.
If the dispute cannot be resolved through the mediation process, we, and you, agree to arbitrate the dispute according to BBB guidelines. This process is binding on both parties and will eliminate the need of legal action.
If you have any unresolved disagreement concerning our service, you agree not to sue us, to participate in the BBB Customer Assistance program, and to accept an arbitrated final decision as binding.
Venue
You understand and agree that this contract for travel services is deemed to have been executed in Houston, Texas and that all of its terms and provisions shall be governed and construed solely by the laws of the State of Texas.
You further understand and agree that SkiCanada make similar travel arrangement for customers in various states which could result in a multiplicity of dispute venues which would be unfair, cumbersome and expensive for SkiCanada to pursue.
Accordingly, you agree that any disputes arising out of this contract must be brought in Harris County, Texas, and that any action taken outside of Harris County, Texas shall not be enforceable against SkiCanada in Texas or in any other state.
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T9.
Responsibility of Transportation Companies
The companies which provide transportation require that we include the following statements:
"The air carriers and other transportation companies whose services are used
in these tours, are not to be held responsible for any act, omission, or event during the time passengers are not on board
their conveyance."
"The passage contract in use by these companies, when issued, shall constitute
the sole contract in use by these companies and the purchaser of these tours and/or tour passage."
"Airline fares are subject to change without notice prior to ticketing."
"Transportation suppliers retain the right to change equipment and schedules without prior notice."
You are responsible for claiming any frequent flyer miles that may be available.
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Your
Travel Price Includes
Air Transportation
Your travel includes air transportation in economy class on selected air carriers which are members of the International Air Transport Association (IATA), and on connecting carriers, as specified in your Confirmation. According to each airline’s service arrangements, inflight meals, drinks, and entertainment will be provided with, or without, extra charge as specified in your Confirmation.
Baggage
Each traveler is allowed two pieces of checked baggage. The combined total sum of the three dimensions (length plus height plus width) of each piece must not exceed 62 inches, and the maximum weight must not exceed 50 pounds per piece.
Each traveler is also allowed one piece of unchecked carry-on-baggage which is limited to total dimensions not exceeding 45 inches.
The air carriers have a limited liability for all baggage. This responsibility is clearly stated in the passenger contract included on all tickets.
Since air carriers modify baggage allowances periodically, we advise you to check the airline’s webpage prior to departure.
Winter Sport Equipment
You may check-in one complete set of skis and poles (or snowboard) and boots as a substitute for one of your two allowed pieces of checked baggage. Even if the equipment is more than one piece (for example, a ski/board-bag and a boot-bag), it is considered as one piece with total dimensions of 62 inches, irrespective of the actual dimensions. If the winter sport equipment is in excess of the free baggage allowance, an additional charge, which can be substantial, will apply.
Since air carriers modify baggage allowances periodically, we advise you to check the airline’s webpage prior to departure.
Land Transportation
Your travel includes transfers between the airport and hotels, and vice versa, by chartered or scheduled motorcoach or by rental car, as specified in your Confirmation.
Accommodation
Your travel includes accommodation in the hotel or condominium at the occupancy arrangements (number of people per unit/room) specified in your Confirmation.
Meals
Unless specifically stated in your Confirmation your travel does not include meals.
Taxes and Service Charges
Your travel includes only the taxes and service charges at your destination, as specified in your Confirmation. Other taxes and fees may apply and are not included.
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What Your
Travel Price Does Not Include
Unless otherwise specified in your Proposal or Confirmation:
- Airline and government taxes, fees and security charges.
- Airport passenger facility charges.
- Vacation Protection Plan.
- Passport and visa fees.
- Meals, tips, taxes, and service.
- Porterage of your baggage.
- All items of a personal nature such as telephone calls and laundry.
- Optional excursions.
- Winter Sport equipment rental, lift passes, lift tickets and winter sport lessons.
- Gasoline, taxes and insurance for your rental car.
- Gratuities: You may consider optional gratuities to service staff for special
attentiveness according to your individual discretion.
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Travel
Documents and Health Requirements
Your Responsibility
You are responsible for the correctness and validity of your travel documents and that you meet health requirements. We regret that you must pay any additional costs which may occur if these requirements are not met. The following information was correct at the date of preparation but may change. Prior to departure, you should check with the consular representatives of the countries to be visited.
Passports
Citizens of the United States are required to provide proof of citizenship upon entry into Canada with either a valid passport or a Picture ID along with proof of citizenship, such as a Birth Certificate. A valid passport will be required after December 31, 2006.
Visas
At the date of preparation, citizens of the USA do not require entry visas to visit Canada. Visa requirements for citizens of countries other than the USA should be obtained from the consular representatives of Canada.
Health Requirements
At the date of preparation, specific immunization vaccinations are not required for travel to Canada or for re-entry to the USA. You should consult your personal medical adviser concerning your specific health requirements.
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