TERMS & CONDITIONS

THESE TERMS & CONDITIONS (“Terms”) govern the relationship between 160050201 Canada Inc. dba Three Waves Retreats, its affiliates, employees and independent contractors (“Three Waves”) and customer.

The Travel Services

Three Waves books travel services, including accommodation and tours, on behalf of customer and all obligations and liabilities with respect to the travel services are those of customer. The travel services booked for customer are set out on the Retreat Itinerary (the “Booking”).

Duties and Recommendations of Three Waves

Three Waves sources travel services based on information provided by customer for use by customer.

Three Waves directs the attention of customer to the terms and conditions of the suppliers of the travel services being arranged for the customer, including airlines, trains, bus lines, cruise lines, hotels, resorts and tour operators, because those terms and conditions govern the contracts that customer enters into with the travel service suppliers and affects customer’s rights and obligations. Those terms and conditions are located on the websites and/or in the brochures of the suppliers of the travel services. Any questions about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier.

Three Waves requires customer purchase travel insurance, including trip cancellation, trip interruption, baggage and medical coverage.

Duties & Acknowledgements of the Customer

Customer must review and verify all details set out on the Booking and any other itineraries and/or invoices immediately on receipt from Three Waves and must immediately advise Three Waves of any errors or omissions.

Customer must review these Terms and any changes to these Terms before asking Three Waves to book any travel services.

Customer acknowledges that customer has been directed to review the terms and conditions of the suppliers of the travel services included in the Booking, including airlines, trains, bus lines, cruise lines, hotels, resorts and tour operators, including baggage allowances, check-in times, age and height restrictions and advised that any questions customer has about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier.

Customer is responsible for complying with all customs, rules and procedures of the travel suppliers and failure to comply with all travel supplier customs, rules and procedures may result in customer being removed from the premises and/or refused future use of the travel services.

Customer acknowledges that Three Waves requires customer to buy travel insurance and customer confirms acknowledgement of that requirement to buy travel insurance. Customer acknowledges that some countries will refuse entry if customer does not have proof of travel insurance including medical coverage.

Customer is responsible for ensuring that customer has all necessary travel documentation, including a passport (valid until 6 months after the expected return date) required by any destination to which customer is travelling or through which customer will transit and pardons with respect to any criminal conviction.

Customer acknowledges that even with possession of the required documentation and information customer may be refused entry into another country at either the point of departure or arrival.

Customer acknowledges that the destination(s) to which customer is 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 those in customer’s country of residence.

Customer is responsible for notifying Three Waves of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of customer, at the time of making the Booking. Three Waves will make travel suppliers aware of such requests and customer shall be responsible for any additional costs for such requests, however Three Waves shall not be responsible for any failure by the travel suppliers to provide such services.

Customer acknowledges that a credit card may be 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 customer during the stay. Customer also acknowledges 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.

Customer acknowledges that most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture, or environment. This process includes the following: (1) spraying the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treating the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information customer can visit the U.S. Department of transportation website at: https://www.transportation.gov/airconsumer/spray.

Three Waves shall not be liable for any damage or loss suffered by customer, including the inability to use any of the travel services, as a result of failing to comply with this section.

Flight Details and Changes

Travel documents contain conditions of carriage which limit the airlines’ liability under international conventions and agreements. Any complaints concerning flights should be made to the airline concerned. Three Waves reserves the right to substitute alternate airlines and aircraft types and to add en-route stops at its discretion with or without notice to customer.

Customer should confirm all flights at least 48 hours before departure and flight departure time at least 24 hours before the scheduled departure time. If a flight delay is announced at the airport, it may not be possible for the airline to provide accommodation or meals during the delay. If a delay is related to weather, traffic, or another Force Majeure condition, any expenses incurred by customer will be the responsibility of customer. Three Waves is not responsible for additional expenses, lost income or any other consequential damages as a result of changes to flight times or missed vacation time. If customer only purchases airfare from Three Waves, it is customer’s responsibility to leave a contact number at destination with Three Waves so that contact can be made in case of a flight change.

If customer is booking connecting flight(s) customer should allow at least 3 hours and preferably overnight between the connecting flight and any flight departing for final destination. All such connecting flight reservations are made at the risk of customer and customer agrees to assume the cost of any loss in the event of a change to the original flight schedule.

At the Airport

Seats are allocated on a first-come, first-served basis unless customer has pre-purchased seating allocation. Customer should arrive at the airport at least 3 hours prior to flight departure. Check-in closes 60 minutes prior to flight departure and all passengers must be present for check-in. Customer will not be allowed to board or obtain a refund if customer has not checked in 60 minutes prior to flight departure. Airlines reserve the right to deny boarding to any passenger they deem to be in an unfit condition to fly.

Customer must check booking documents or with the airline for details about baggage allowance and updated baggage regulations. Additional charges will apply to baggage in excess of the weight allowance. Any lost, delayed, or damaged baggage is the responsibility of the airline. If baggage is delayed at destination or upon return home, customer must contact the airline representative before leaving the airport. If customer fails to notify the airline representative before leaving the airport any claim will be invalidated. The handling of baggage is performed by an independent contractor over which Three Waves has no control. Three Waves is not responsible for the loss or damage to baggage or any other possessions, and it recommends customer purchase insurance to cover this type of loss.

Additional Charges for Services

Charges may apply to inflight services, hotel stays, cruises and tours, including internet connection, entertainment, gratuities, food and drink services.

Price of Travel Services

Prices quoted by Three Waves for travel services are based on information provided to it by travel suppliers, include all applicable taxes and are subject to change according to travel supplier terms and conditions. Prices quoted by Three Waves do not include any departure tax charged by a country/state/province included on the Booking.

Payment for Travel Services, Service Fees and Non-refundable Amounts

Customer is responsible for payment of all travel services booked for customer. Customer is responsible for payment of all service fees. Customer is responsible for payment of all deposits. Deposits are non-refundable regardless of whether the travel services are supplied or used and regardless of why the travel services are not supplied or used.

Service fees (set out in Schedule “A” to these Terms) are due on the date the travel services are booked and are non-refundable regardless of whether the travel services are supplied or used and regardless of why the travel services are not supplied or used.

Three Waves will advise customer of dates when payments are due and failure to make payments when due may result in cancellation of the travel services, which will be considered Cancellation by Customer (see “Change or Cancellation by Customer” below) and all travel supplier and Three Waves cancellation fees and penalties will apply.

Customer represents to Three Waves that customer has the authority to use any credit card the details of which customer provides to Three Waves without presenting the actual card to Three Waves. Customer authorizes Three Waves to use any credit card the details of which customer provides to Three Waves to pay for travel services and service fees for customer and to make those payments to Three Waves or a travel service supplier as directed by Three Waves. Customer agrees not to make a claim for chargeback on any credit card the details of which customer provides to Three Waves in relation to any service fee or non-refundable deposit.

Service Fee in case of Cancellation

If a travel service is cancelled, by customer or by the supplier, and a full refund is provided by the supplier to customer, customer shall pay Three Waves a service fee equal to 50% of the total cost of the travel service. If the refund is paid to Three Waves by the supplier, customer authorises Three Waves to deduct an amount equal to 50% of the total cost of the travel services from the funds received from the supplier as the service fee.

Change or Cancellation by Travel Services Supplier

The travel services are typically sold well in advance of travel dates and sometimes they are modified or not available. Most often changes to the travel services will be minor, however a travel supplier may make a more significant change, for example a change of time of departure or return by more than 24 hours; change of the standard of the accommodation; increase in the cost of the travel services; or an error in price. In these circumstances the rights of customer shall be governed by the terms and conditions of the travel supplier and these Terms.

Change or Cancellation by Customer

Customer must make any change or cancel a booking for customer with Three Waves and not with a travel supplier.

Change(s) and cancellation(s) of any travel arrangements by customer, will be subject to the change/cancellation policy(s) applicable to the travel service in question and these Terms.

In the case of a change by customer, additional service fees will apply (set out in Schedule “A” to these Terms), and penalties provided for in the travel supplier(s) terms and conditions and these Terms will apply.

In the case of a cancellation by customer, additional service fees may apply (set out in Schedule “A” to these Terms), and penalties and non-refundable amounts provided for in the travel supplier(s) terms and conditions and these Terms will apply.

Privacy

Three Waves will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information. In particular it will:

Protect personal information held by it.
Identify the purpose of its collection and how it will be used.
Use the information collected only for the stated purpose.
Ensure that the information is accurate, complete and up to date.
Protect the information against loss or theft.
Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.

Waiver of Rights

Three Waves has advised customer that because of the worldwide effects of COVID 19 Three Waves cannot provide any assurance about conditions in any location, the methods used in any location to manage COVID-19, the services or amenities available in any location, or the effects of COVID-19 on any of the travel services. Knowing these conditions and having been given this warning by Three Waves, customer acknowledges that use of the travel services has significant inherent risks and that customer agrees to waive any and all rights customer may now have or may have in the future against Three Waves for any damages, actions, causes of action, proceedings, suits, debts, dues, covenants, contracts, claims and demands as a result of any adverse circumstances caused by or arising from the use of the travel services, including those related to delay, interruption or cancellation of some or all of the travel services, causing customer to have to remain in transit or stay at a location for longer than anticipated, all at the expense of customer.

Indemnification by Customer

Customer undertakes and agrees to defend and indemnify Three Waves and hold Three Waves harmless, at customer’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Three Waves may sustain or incur by reason of:

(a) any breach of these Terms by customer;

(b) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by customer;

(d) a claim by a credit card company or other third party dealt with by the Three Waves in relation to the booking of travel services for customer, including any charge back request.

Customer’s obligations in this section shall continue in force after the use of the travel services by customer.

Changes to these Terms

Three Waves may make changes to these Terms from time to time and all changes shall be binding on customer from the date on which the change is brought to customer’s attention.

Three Waves Responsibility

Three Waves arranges travel services with independent third parties, such as airlines, hotels, resorts, bus companies, tour operators, baggage handlers and other independent suppliers on behalf of customer to provide customer with the travel services purchased. Three Waves exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Three Waves does not control these independent suppliers and cannot be held responsible for their performance or lack thereof.

Three Waves 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 or Three Waves employee or sub-contractor supplying any of the travel services.

Three Waves is not responsible for consequential damages or special damages suffered by customer, even in circumstances in which Three Waves is aware of the reason customer is using the travel services, including circumstances in which customer arrives at a destination later than expected and/or is unable to attend an event/excursion, whether the event/excursion is included in the price of the Booking or not.

Customer shall not have any claim against Three Waves by reason of customer failing to purchase travel insurance.

Limitation of Three Waves Liability

Three Waves’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 directly to Three Waves by customer, in relation to which any claim by customer is made.

Force Majeure

In no event shall Three Waves be liable for any failure to perform Three Waves’ obligations or delay in performing Three Waves’ obligations where such failure or delay is due to events beyond Three Waves’ control which prevents or delays the performance of Three Waves’ 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 (a “Force Majeure event”). In any such circumstance, in which Three Waves is prevented or delayed in the performance of its obligations, Three Waves shall not be obliged to return any amount paid by customer.

Customer acknowledges that Three Waves, on behalf of customer, will forward funds to independent third party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded. Where a Force Majeure event has occurred, performance of Three Waves’ obligations shall be suspended for the duration of the Force Majeure event, and Three Waves shall perform Three Waves’s obligations only when it is possible to do so.

In any event, the liability of Three Waves arising out of Force Majeure event shall not exceed amounts paid directly by the customer, to Three Waves, and Three Waves shall not be liable for any consequential or indirect damages or legal costs incurred by any party.

General Provisions

NOTICE

Notice may be provided either in writing, to the last address provided by the customer/Three Waves, delivered by hand, or by email or other electronic method, in which case it will be effective when delivered.

PARTIAL VALIDITY

If any provision(s) of these Terms is 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.

MODIFICATION

These Terms may be modified by the Three Waves at any time.

LAW GOVERNING TERMS

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario.

FORUM FOR DISPUTES

The courts of the province of Ontario shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms.

SUCCESSORS AND ASSIGNS

These Terms shall be binding upon and shall inure to the benefit of the customer/Three Waves and their successors, assigns, administrators and executors.

COMPLETE UNDERSTANDING

These Terms represent the complete understanding of the customer/Three Waves with respect to the booking of the travel services and specifically exclude any oral or written representation made that is not included in these Terms.

WAIVER

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