These terms and conditions shall be governed and construed in accordance with the laws and governing regulations contained within the province of Ontario, Canada.
Terms And Conditions
TERMS & CONDITIONS - Effective Jan. 1, 2009
SITE USAGE POLICY
SITE USAGE POLICY
“GBYW”, “we”, “us” and “Company” refer to Grey Bruce Your Way and “you”, “your”, “yourself” refers to the customer booking a reservation though this Web site, or via the phone through our customer service centre.
"Content" means any text, information, data, articles, photographs, graphics, images, software, applications, documents, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Registered User" means an individual who has registered with the Site. When you choose a Member ID and a password you become a registered user.
"User ID" means the e-mail address you use (with your password) to log in to the Site.
“Cancellation Window” refers to the time period during which cancellations will be accepted.
"Products and Services" means the hotel accommodation, car rental, tours, theater tickets, attractions, travel insurance and other goods and services available for purchase through the Site.
“Supplier” or “Vendor” refers to those businesses offering their products and services for sale.
“Currency” is the system of money. All currency listed on this Web site is stated in Canadian dollars.
"Provider" means Grey Bruce…YOUR WAY! licensed vendors and suppliers and other business service providers.
"Purchase or Booking" means to book, reserve, or purchase a product or service being offered on our Web site.
The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms and conditions set forth by their respective owners or operators, on the third party's Web site.
"Site" means the www.greybruceyourway.com Web site, together with the respective Content, Marks, Products and Services available from this site.
“Low Bookings” refers a minimum number of days being booked or where the number of persons who have made a booking for a particular event is less than the minimum required, in our view, to make it commercially viable.
“Booking” is an Order made by you for the purchase of items on the site, which is accepted by us in accordance with these terms and conditions.
“Order” is an order made by you to us (either Online or through our Customer Service Centre) for travel related product and or services sold on our Web site.
“Online” is our online booking services which are made available through our Web site "www.greybruceyourway.com", where we make products and services available to you for purchase.
“Force Majeure” refers to war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers, technical or maintenance problems with transfer, unforeseen operational decisions of air carriers such as changes of schedule, or any unforeseeable or unavoidable events beyond our control.
“Administration fee” is the fee charged for processing an order.
“Change Order” is any modifications to your original order booked.
“Change Order Fee” is the fee charged for modifying your order once it has been placed.
“Cancellation Fee” is the fee charged for cancelling a booking.
“Packaged Products” is a combination of at least two of the following: (a) accommodations (b) experiences (c) transportation pre-arranged by us, are sold to you by us at an inclusive price with full payment being made to us.
“Personal Data” is any information that you provide us during your use of this site.
“Customer Service Centre” refers to the offices where all telephone calls from the Web site are answered and travel bookings are finalized.
“Inbound Tour Operator” means the same as “Customer Service Centre” both refer to the offices where all telephone calls from the Web site are answered and travel bookings are finalized.
“TICO” means Travel Industry Council of Ontario.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned or licensed by GBYW, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of GBYW ("GBYW and www.greybruceyourway.com") and/or its various third party providers and vendors.
GBYW is a licensed TICO inbound tour operator. GBYW must comply with the guidelines for selling travel related products and services as set out by TICO. For more information related to these guidelines visit www.tico.ca.
All reservations you book through us are subject to the following terms, conditions and notices as they exist at the time the reservation is made. We reserve the right to change these terms, conditions and notices and you agree to accept and be bound by the terms, conditions and notices that are in effect at the time of your use of our Web site. As a condition of your use of this Web site, you agree not use this Web site for any purpose that is unlawful or prohibited by these terms and conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this Web site.
The GBYW Web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with GBYW, and for no other purposes. Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use, or Purchase the Products or Services available on our Site. We do not knowingly collect Personal Information from any Minor, and will not use this information if we discover that it has been provided by a Minor.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You will be given the opportunity to create an account with us. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Web site may result in you being denied access to such facilities.
You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to reserve, including, but not limited to compliance with the supplier's rules and restrictions. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, including denial of access, forfeiting any monies paid for such reservation(s) or purchase, and in GBYW debiting your account for any costs GBYW incurs as a result of such violation. You shall be completely responsible for all charges, fees, taxes, and assessments arising out of the use of this Site.
Additional terms, including Travel Services Terms and Conditions may apply when you purchase products or services, or when you participate in contests or promotions. These additional terms are found in the area of the Site where you will purchase a product or service, or where you will register for a contest or promotion.
Examples of additional terms are provided below. There may be other terms, for example, if we organize a promotion. You are responsible for reviewing the forms that you fill out when you Purchase Products or Services, or participate in sweepstakes, raffle or other promotions.
This Web site is for your personal and noncommercial use. The content and information on this Web site (including, without limitation, price and availability of travel and business services), as well as the infrastructure used to provide such content and information, is proprietary to GBYW. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Web site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, whether or not you have a commercial purpose, you agree not to:
(i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of GBYW;
(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;
(iii) take any action that imposes, or may impose, in the discretion of GBYW, an unreasonable or disproportionately large load on the GBYW infrastructure; or
(iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of GBYW.
This Web site may contain hyperlinks to Web sites operated by parties other than GBYW. Such hyperlinks are provided for your reference only. GBYW does not control such Web sites and is not responsible for their contents or your use of them. GBYW's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
11. Pricing Policy
These terms and conditions govern all Bookings that you make with us. We make the bookings as a licensed TICO inbound tour operator for vendor(s) (e.g. the golf, rooms, transportation).
No contract shall come into existence between us until we accept your order and we have received full payment from you, and we reserve the right to refuse, at our sole discretion, any order you place with us.
All offers are subject to final availability and approval by each vendor.
When you make a booking with us and by submitting your order to us you guarantee that you have the authority to accept (and do accept) these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking.
If you book online you must provide us with all information which we require, you must also ensure that all information which you provide to us in your order is accurate and correct and that the credit or debit card you are using is your own (or if it is a third party's you have their express authorization to use their credit or debit card) and that sufficient funds are available to cover the cost of your booking.
We require full payment details from you at the time you make your order online or through our customer service centre including payment in full at the time of booking. Your purchase is held in trust and may be cancelled for a fee providing that you are within the cancellation window.
When we receive your order we shall send you a "confirmation of request" which will summarize the details of your order. If we do not accept your order we shall notify you accordingly. When we confirm your order we will provide you with a booking reference number.
We hope that the travel services you receive from GBYW are excellent. However, if you are unsatisfied with any aspect of your travel services, AND you have already tried to resolve this issue with us, you may contact the Travel Industry Council of Ontario TICO for information or assistance in dealing with your complaint. GBYW is a TICO licensed Ontario registered travel agent. TICO manages a fund that provides reimbursement of monies paid to an Ontario registered travel agent for travel services that are not provided due to the bankruptcy or insolvency of an Ontario registrant or an end supplier airline or cruise line, where a reimbursement has not otherwise been provided.
Learn more about TICO's role in assisting with consumer complaints – visit www.tico.ca.
We strongly recommend, for your own protection, that you and all members of your party take out suitable insurance to cover (as a minimum) the costs incurred if you make a cancellation and the cost of assistance, including repatriation, in the event of an accident or illness whilst you are away from home and it is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs.
We accept payment by Visa or MasterCard.
We do accept payment by cash but we do not accept responsibility for cash sent by courier or post, even if sent by registered or recorded post or any other special delivery.
Please also note, in addition to the price of your package or other services purchased, that there will be an administration fee for all orders booked.
Travel documents will be sent to you at least two weeks before departure, but cannot be released until we have cleared full payment from you for your booking. Travel documents will not be sent out for any bookings made within 2 weeks of arrival. You will be instructed as to where you will pick up your travel documents upon arrival. Either way all bookings will be confirmed via email and you will be encouraged to print these out and bring them with you on your trip.
Documents for Online Bookings will be dispatched by courier or registered mail.
We do not accept responsibility for documents mislaid or lost. If your documents become lost or stolen, it will be necessary for you to contact us by calling our toll free number at 1-877-396-2244 or email to firstname.lastname@example.org. You will be responsible for paying any fees (including administration fees), losses and/or expenses incurred in respect of the reissue of lost or stolen documents.
If after Booking, you are unable to proceed with your booking, you can make a change, providing you are within the Cancellation Window, by contacting our customer service office at 1-877-396-2244. There is a $50 fee for making any changes to your order. No changes will be made within 7 days of your first reservation. We will endeavour to assist you in any way we can if you need to alter your booking.
Cancellations will only be accepted if the date and time of the request is greater than 7 full days prior to the first day of the itinerary/package booked. No cancellations will be granted within 7 days of the first day of any reservations made. There is a $50 fee for any cancellation.
The trip or a portion of the trip can be cancelled and refunded only if outside the seven day cancellation window.
We reserve the right to change or alter the booking arrangement made after completion of the order. Occasionally it may be necessary to amend the services, which make up a part of your booking after we have issued your confirmatory notice. We reserve a right to make minor changes without further notification to you. If a major change is necessary, we will inform you at least ten days prior to your initial booking date.
If a major change is necessary, we will offer you the choice of: (a) accepting the amendment as notified; or (b) purchasing another substitute from us with the price difference payable/refundable as appropriate; or (c) cancelling your booking. Once we have notified you of a major change you must communicate your decision to us with 72 hours after receiving such notification. If you are unable to confirm you will need to accept the substitute changes provided by GBYW. This will only be applicable to changes initiated by GBYW ten or more days prior to first day of booking. It is not GBYW’s intent to make changes but this may happen from time to time and we will do all that we can to accommodate special requests.
If you choose to cancel your booking for the item subject to change, a refund will be issued on the affected booking (less any administration fees) and provided that the booking is within the cancellation window.
In all of the above cases our liability is limited to a full refund of the booking less any administration fees and only if a decision is provided to us within 72 hours of notification. No further claims will be accepted for costs or additional expenses incurred as a result of the major change on the part of GBYW.
We reserve the right to randomly record telephone calls to ensure that customer service is constantly improved.
11. Pricing Policy
The price of your booking may be subject to a surcharge in addition to the price quoted in your confirmatory invoice due to: government action, increase in transportation costs (e.g. items involving transportation and the cost of fuel), changes in dues and taxes or fees payable for services or fluctuations in exchange rates. No such price increase will be made less than 30 days before the first date of your first booking. Only surcharges in excess of 2% will be passed on to you. If the surcharge exceeds 10% of the full purchase price for your booking as shown on your confirmatory invoice (excluding insurance premiums and/or amendment charges) you may elect to cancel your Booking within 14 days of the issue date of our revised invoice detailing the additional surcharge which has become due.
If you elect to cancel your Booking we shall send you a full refund of all monies paid to us (excluding insurance premiums and/or administration fees). While every effort is made to avoid additional surcharges, we reserve the right to pass on to you any cost increase levied by the supplier within your booking.
GBYW makes no warranty of any kind regarding the Site, Content, Products or Services for viewing or for sale, all of which are provided on an "as is" basis. GBYW does not make any representation or warranty, express or implied, as to the availability of any Package or other reservations and further, we do not make any warranty that our online booking service is free from infection of viruses or anything else that has a contaminating or destructive property. We do not make any warranty that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely.
GBYW "www.greybruceyourway.com" cannot be held liable for typographical errors, layout error or misinformation contained herein. While every care has been exercised in compiling this publication, GBYW "www.greybruceyourway.com" accepts no responsibility for errors or omissions, but welcomes suggested amendments or additions for future editions. The information on this Web site is provided "as is", with all faults, expressed or implied. GBYW "www.greybruceyourway.com" makes no guarantee regarding the accuracy or completeness of the information. In no event shall GBYW "www.greybruceyourway.com" be liable for any incidental or consequential damages, lost profits, or any indirect damages.
Neither GBYW "www.greybruceyourway.com" nor any of its providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use.
Neither GBYW "www.greybruceyourway.com" nor any of its providers of information shall have any liability for the accuracy of the information contained in the Service, or for delays or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
The authors have checked with sources believed to be reliable in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication. However, neither the authors nor the company nor any other party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. Readers are encouraged to confirm the information contained herein with other sources. Statements should be made to the Webmaster. GBYW "www.greybruceyourway.com" maintains this site for your personal convenience, entertainment, information, education, and communication.
Suppliers providing products and services for GBYW are independent contractors and not agents or employees of GBYW. GBYW is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. GBYW has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
If any part of your booking with us is not as described and/or is not of a proper standard, we will pay you reasonable compensation subject to the provisions described herein.
If claiming compensation because your Package is not as described and/or is not of a proper standard, you must follow our complaints procedure as specified in paragraph “Dispute Resolution” below.
In calculating your compensation for a deficiency in your Package we shall take into account all relevant factors including: the price which you paid for your Package; any steps reasonable for you to take to minimize the inconvenience/damage which you suffered; any limitation applicable in any relevant international convention which govern such services included in the Package; and the extent to which the deficiency or improper performance affected your enjoyment of the Package.
We shall not be liable to pay you compensation for a deficiency in your Package which:
does not result from any fault on our part or that of our suppliers; arose from circumstances which were unusual or unforeseeable and neither we nor our suppliers (even if all due care had been exercised could have anticipated or avoided; is attributable to you; is attributable to a third party who is unconnected with the provision of the services included in your Package
Nothing described herein shall be construed as an attempt to exclude our liability for personal injury, illness or death arising from our negligence or the negligence of our suppliers whilst acting within the scope of, or in the course of their employment, in the provision of any services provided as part of your booking.
If you suffer a personal injury or other material loss as a result of a failure attributable to a third party unconnected with the provision of services in the Package, or as a result of an unusual or unforeseeable circumstance, we will offer you such advice and guidance as is reasonable in all the circumstances.
If a problem occurs whilst you are abroad, you must inform the relevant supplier (e.g. hotel, golf course, car rental company).
If the supplier cannot resolve the problem to your satisfaction, you should contact us at our head office immediately by telephoning 1-877-396-2244 or faxing 519-396-5748, so that we are given the opportunity to help. You can also email us at email@example.com.
If your complaint is not resolved with a supplier, you must provide in writing within 28 days of your return to our Customer Relations Manager (at the address specified above) quoting your original booking reference and giving all relevant information.
Failure to notify us within the period specified may hinder our ability to resolve your complaint and/or investigate it fully and as a consequence, any right of compensation to you could be prejudiced.
It is your responsibility to ensure that you do not behave in a manner which is inappropriate or causes offence or danger to others or which risks damage to property belonging to others (including but not limited to drunkenness, air rage) whilst undertaking your booking arrangements.
If your behaviour is inappropriate and causes offence, or damage to others, or risks damage to property belonging to others, we and/or our suppliers (e.g. hotel managers, airline pilots) may terminate your booking, in which case our and our supplier's responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur as a result of such termination.
In no event shall GBYW be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this Site or with the delay of inability to use this Site, or for any information, software, products, and services obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability, or otherwise, even if GBYW has been advised of the possibility of damages. Services contained on this Site for any purpose, and the inclusion or offering for sale of any products or services on this Site does not constitute any endorsement of recommendation for such products or services by GBYW.
You agree to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by; you or on your behalf in excess of the liability described above; or by third parties as a result of: your breach of this agreement or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this Site.