Terms of Use

Group Tour Operator Booking Terms & Conditions

 

Please read carefully:

The Nova Scotia Van Tours (peggys cove tours,Halifaxminivanshoreexcursions,Lunenburg-tours,nova-scotia-van-tours) (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “booking”, “contract” or “arrangements” mean such tour arrangements unless otherwise stated. Please note, the information appearing in the section headed “Our Tours” in our website or in these or any comparable sections and any other relevant information on our website also form part of your contract with the Company. References in these conditions to such sections include the comparable sections or information on our website.


 

1. Your tour contract

The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by the Company including any person who is added or substituted after booking. We both agree that Canadian law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Canada only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.


 

2. To Secure your booking

(Please refer to Clause 11 “Late Bookings”)

To secure a booking, the Company or their authorised travel agent must receive payment of the minimum deposit noted in their quote of the total tour price, per group and balance to be paid either of the start of your tour or at an earlier stage for some tours or at the end. A higher deposit will be payable if any supplier(s) requires additional payment at the time of booking / prior to balance due date. On occasions, full payment for a service such as your accomodations may be required at the time of booking. The applicable deposit will be confirmed at the time of booking.. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following four conditions:

a) they have read and accepted our booking conditions and general information pages (including the sections headed “Our Tours”, “Pricing”), contained on our website.

b) they appreciate and accept the risks involved in adventure travel.

c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking as referred to in clause 9 below so that we can advise.

d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.

A booking is accepted and becomes definite only from the date when the Company issues a confirmation invoice to the client who makes the booking or their authorised travel agent. It is at this point that a contract between the Company and the client comes into existence.

For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease holiday prices. Please see “Prices” section. The Company or their agents reserve the right to decline any booking at their discretion.

If you book via our website, we will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.

 


 

3. Payment for your tour

The balance of all monies due, including any surcharges applicable at that time of the start or end of the tour and is to the discression of the guide. For certain tours, full payment must be received at an earlier stage before the start of your tour. You will be advised at the time of booking when this is the case. In the case of non-payment of the deposit by the due date, the Company reserves the right to treat your booking as cancelled and cancellation charges will apply. We request you  pay the deposit and full amount by cheque, but can facsilitate credit or debit card. We accept Visa, Mastercard, Discover , American express . A credit card fee is not payable for the deposit payment and insurance.If payment is completed by major credit cards listed a possible 3% fee is payable

 


 

4. If you have a complaint

Should the client have a complaint about any of their tour arrangements, the client must tell both the relevant supplier and the Company’s representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on tour they should notify the Company in writing within 28 days of their return from tour.


 

5. Passports, visas and vaccinations

Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

 


 

6. Tour participation and client responsibility

Clients agree to accept the authority and decisions of the Company’s employees, tour leaders, fixers, agents and guides whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.


 

7. If we change your tour

While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on our the website at any time before or after your booking is confirmed.

Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible.


 

8. If we cancel your tour

The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 2 weeks before the start of the tour except for force majeure , or the client’s failure to make all payments (including the final balance and any surcharge) when due.


 

 

9. Force majeure

Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.

 


 

10. Our responsibility for your tour

Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our programme at their own volition.

(1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -

the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or

the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or

‘force majeure’ as defined in clause 9 above

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.


 

11. Late bookings

We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours.

For bookings received within 3 weeks of the start of your tour (or at an earlier stage for certain tours), we reserve the right to pass on any extra costs incurred.

For bookings received within 3 weeks of your tour (or at an earlier stage for certain tours), the contract between the Company and the client comes into existence as soon as full payment has been received by the Company or our authorised travel agent or by Nova Scotia Van Tours.


 

12. Brochure / Website / Advertising material accuracy

The information contained in our brochure, on our website  and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur, especially with regards to exchange rates and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us or your travel agent at the time of booking.

Issue date: May 2017.

 

Data protection and privacy statement

For the purposes of the Data Protection Act 1998, we, Nova Scotia Van Tours, are a data controller. In order to process your booking and brochure requests, provide your tour and to help us give you a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, credit or debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.

We need to pass on your personal details to the companies and organisations who need to know them so that your tour can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the North America,European Union, Norway, Iceland or Liechtenstein if your tour is to take place (or involves suppliers) outside these countries.

We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of new features, tours or special offers which we think may be of interest to you, including by email). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so. We respect your privacy and do not sell, rent, trade or give away any of your personal information for any purpose.

Occasionally we hire other companies to provide services on our behalf, for example to mail information to you.  We only provide those companies with the personal details relating to you which they require in order to deliver the service we ask them to deliver. They are prohibited from using that information for any other purpose.  We will ensure that anyone to whom we pass your details for this reason agrees to treat it with the same level of protection we are obliged to provide.

If you do not want us to do any or all of these things, please let us know as soon  as possible.

Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.

You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee.  In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.

As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.

Please note calls may be recorded for training and monitoring purposes.