Design Travel, Ltd. Terms and Conditions
contents are Copyright © Design Travel Ltd. All rights
No portion of this service may be reproduced in any form, or by any means, without prior written permission from Design Travel Ltd.
1. Rules and Regulations.
The following rules and regulations apply to all visitors or users of this Web Site. By accessing this Web Site, the user acknowledges acceptance of these terms and conditions. Design Travel, Ltd. ("Design") reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Design reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Design Travel Web Site, both now and in the future.
2. Personal and Noncommercial Use Limitation.
Design agrees that this Web Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Web Site.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM DESIGN.
3. Links to Third Party Sites.
This Web Site provides you with convenient links and references to other web sites. Design does not endorse any information, products or services contained on or offered through the linked web sites. Likewise, Design does not endorse any persons or entities that are associated with other web sites linked via this Web Site. These third party sites and content are not maintained, operated or controlled by Design, and Design does not provide any guarantees regarding these sites. You assume sole liability for the use or access of such third party sites and content.
No permission is given to you to link or provide references to our website and to use any Design's icon, site address, copyrights and trademarks to provide such links or references, unless you have written agreement with Design's permission.
4. Compliance With Applicable Laws; Export Control Laws.
User access to this Web Site is governed by all applicable federal, provincial and local laws. All information available on the Web Site is subject to Canadian export control laws and may also be subject to the laws of the country where you reside.
5. Liability Disclaimer.
Although Design has attempted to provide accurate information on the Web Site, Design assumes no responsibility for the accuracy of the information or of any typographic errors. Design may change the programs or products mentioned at any time without notice. Mention of non-Design products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
DESIGN, AND/OR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, DESIGN AND/OR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OR CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESIGN AND/OR RESPECTIVE SUPPLIERS 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 WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DESIGN AND/OR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DESIGN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
DESIGN AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY DESIGN PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DESIGN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. No Unlawful or Prohibited Use.
As a condition of your use of this Web Site, you warrant that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
7. Disclosure; Forward-Looking Statements.
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Design. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
8. Software Availaible on this Web Site.
Any software that is made available to download from this Web Site ("Software") is the copyrighted work of Design and/or their suppliers. Please note that all Software, including, without limitation, all HTML code contained on this Web Site, is owned by Design, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any other reproduction or redistribution of the Software is expressly prohibited by law. You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by law not withstanding this limitation.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of Canada. You agree not to export or reexport the Software, directly or indirectly, to any countries that are subject to Canadian export restrictions.
9. Modification of These Terms and Conditions.
Design reserves the right to change the terms, conditions, and notices under which this Web Site is offered. This right shall not affect the existing terms and conditions accepted by you upon making a legitimate reservation or purchase using this Web Site.
10. Prices & Cost Increases.
All prices, unless otherwise stated, are per person based on two adults sharing one hotel room. The prices advertised are based on fixed costs at the time of print. These costs are dependent on fuel costs, rate of exchange and/or other factors. Design reserves the right to increase any price. Should the price increase be greater than 7%, you have the right to cancel the contract for travel services and obtain a refund of all monies paid to Design, unless the price increase is the result of government taxation or fuel surcharge allowed by the Canadian Transportation Agency. Every effort will be made to advise you of any price increase at least 15 days prior to your departure date. In the event of an error in published rates, you will be given the option to accept the change or to cancel for a full refund of all monies received by Design.
From time to time Design advertises promotional offers which may be available nationally or may be limited to selected departure gateways, destinations and hotels. All of these promotions are time sensitive and therefore have a commencement and termination date. They are not combinable with any other promotion that may be advertised and available at the same time. All published prices and promotions advertised and offered by Design have limited space availability and may be withdrawn at any time, with or without prior notice.
12. Children and Infants.
Ages for children’s and infant’s fares vary from airline to airline and hotel to hotel. Design recommends that you consult with this website to determine what the applicable age(s) and/or respective rate(s) are for children and infants. Upon check-in, hotels may require proof of age for passengers with a reservation made at a “child’s price”. If a child’s age does not comply with the hotel’s policy (e.g. 2-12 years on the last day of travel) the hotel may charge the child as an adult and require immediate payment for the difference between the child’s rate and the adult rate.
13. Special Needs Passengers.
Clients who will require special services or assistance while traveling must inform Design at the time of booking. In order to ensure that you are properly assisted, we request that you advise of any and all specific needs that you may have. This will help us to ensure that the proper travel arrangements are made for you to obtain the maximum enjoyment from your Design holiday. However, Design is not responsible for the provision of any special requirements by persons who have special needs. A special needs passenger may be required to provide a doctor's certificate authorizing ability to travel. Please note that additional costs may be applicable for some or all of the services required. Please note that some foreign destinations may not define or provide for wheelchair access in the same fashion that we are accustomed to in Canada.
14. Costs Not Included in Your Holiday Purchase.
All costs for entry visas, passports, health certificates and items of a personal nature, e.g. laundry, meals not mentioned in itineraries, telephone calls, tips, alcoholic beverages and excess baggage charges are examples of some, but not all, of the items that are not included in the price of your holiday.
15. Special Requests.
Design cannot guarantee specific requests such as room location, adjoining rooms, bed preference, in-flight meal requirements, sky cots, etc. While Design will attempt to advise service providers of such requests, it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied.
16. Balance of Payment.
Full and final payment must be received by Design 60 days prior to departure, or immediately for reservations made 60 days or less before departure.
17. Travel Documents.
Passport must be valid for at least 6 months from the returning date of country of origin. It is solely your responsibility to obtain, at your own expense, all the documentation required by relevant government authorities for the purpose of your holiday. Required documentation may vary depending on citizenship status. Special documentation may be required for minors travelling alone; for children who have a different surname than the adults who accompany them; or for single parents travelling with children. Prior to departure, you should check with your travel agent and/or the relevant consulate about what documentation is required. Landed immigrants without Canadian citizenship or a Permanent Resident Card may be denied boarding upon return to Canada. Children and infants require proof of citizenship and date of birth. In the event that a passenger does not possess the documentation required by the government authorities at the holiday destination or by the airline, passage or entry to the destination may be refused. If passage or entry is refused, Design will not be held liable and will not issue any refunds.
18. Customs and Immigration.
Customs and/or immigration officials can deny a person or persons entry (or re-entry) into their country of jurisdiction at their own discretion. A previous criminal record could be an obstacle in international travel. Design cannot be held responsible for denied entry under these or any other circumstances.
19. Laws and Customs.
In order to familiarize yourself with relevant laws and customs and the necessary documentation for your travel and return to your country of origin, we recommend that you refer to the relevant tourist boards, embassies or consulates for the countries that you will be visiting.
20. Baggage Allowance
For information on baggage allowances consult with your Travel Agent or the specific airline on which you are travelling for weight restrictions on both chartered and scheduled air service. Lost or damaged baggage is the responsibility of the airline, which may have limited liability. We strongly recommend that you purchase baggage insurance to compensate you for loss of, or damage to, your baggage. In the event of damaged, lost or delayed baggage, please contact the airline representative before leaving the airport. Failure to do so will invalidate any potential claim you may have against the airline.
21. Flight Times and Reconfirmation
All flight times, airlines and type of aircraft, as well as itineraries, are subject to change with or without prior notice. We reserve the right to substitute alternative airlines or aircraft types and to add en route stops or make any other operational changes at our discretion, with or without prior notice. Operational changes can occur which may result in the need to reschedule or cancel flights. In the event that we need to advise you of any such changes, prior to your departure from any country, we require that you provide us with your contact telephone number. It is your responsibility to contact the airline shown on your ticket 12 hours prior to departure (from your country of origin and destination) to reconfirm flight times. Further, if you have purchased an “air only” holiday from Design it is your responsibility to advise Design of a telephone number at your destination where you may be contacted in the event that Design needs to advise you of any changes in your return travel arrangements. In the event of a flight delay related to weather, traffic or a “force majeure” situation, it may not be possible for the airline to provide meals and/or accommodations. Design regretfully cannot accept responsibility for lost wages, missed holiday time or any other additional expenses incurred as a result of changes in flight times. We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments of this nature. Please note that in standard travel industry terminology the term “direct flight” refers to a flight that will transport the passengers from their point of origin to their final destination without the journey involving a change of aircraft. However, the term may still be used to describe a journey that involves a stop, provided the same aircraft continues the journey after the stop. Passengers on board a direct flight are not required to claim checked baggage and re-check said baggage during a stop in the journey and are usually not required to be de-planed during any stop(s). A flight from the point of origin to the final destination that does not involve any stops en route is referred to as a “non-stop” flight.
22. Connecting Flight Times.
All connecting flight reservations are made at your risk and you hereby agree to assume the cost of any loss in the event of a change to the Design flight arrangements that may require you to change your connecting flight(s). Design cannot be held liable for damages or additional fees incurred by passengers due to a missed flight connection for whatever reason.
23. Airport Check-in.
Check-in commences approximately three hours prior to departure and closes 60 minutes prior to departure. You are required to have obtained your boarding pass and to have presented all checked baggage before the 60 minute cut off/check-in deadline. For security reasons, you will be denied boarding if you have not checked in within that time. Passengers must be available at the boarding gate by the boarding gate deadline time noted on your boarding pass. Failure to respect the deadline may result in the reassignment of any pre-reserved seats (refunds not applicable) and the cancellation of your reservations. Please note that Design will not provide refunds or compensation for unused seating upgrades or provide any compensation as a result of a passenger being denied boarding. Should you be denied travel, it is your responsibility to make alternate arrangements. It is your responsibility to arrive at the airport on time and following check-in, to proceed to the correct departure gate by the time specified on your boarding pass. Design cannot be held responsible if you miss your flight by failing to comply with these requirements.
24. Hotel Check-in and Check-out.
The check-in time for most hotels is 3 pm and check-out time can be as early as 11:00 am, regardless of your arrival or departure times. Check-in policies differ by hotel and will therefore vary. Many hotels will offer hospitality areas for passengers who may be without their room for some time; however this arrangement is solely at the discretion of the hotel. Passengers wishing to make arrangements for a late check-out and baggage storage must negotiate this service directly with the hotel. Regretfully, we are unable to accept responsibility for any inconvenience or loss arising from these types of arrangements. Some hotels may require you to leave a credit card imprint or cash deposit upon check-in to provide security for the payment of miscellaneous charges such as telephone calls.
25. Hotel's Responsibility.
The hotels and resorts depicted in this website will not be held liable for any act, omission or event during the time passenger(s) are not staying at their establishments. Neither Design nor these properties are responsible for payment of any refund for unused accommodations or meals as a result of late arrival or non-arrival by passenger(s), regardless of the cause.
26. Hotel Changes.
If the accommodation reserved is not available for any reason, we reserve the right to substitute a hotel of a similar category. This section does not apply to a change in hotel that is a major change, which occurs by reason of circumstances that are beyond our reasonable control.
27. Service Concerns.
Design has taken great care in selecting the travel suppliers we use, who may or may not be featured on this website. If you are concerned with the level of service you received from any of our suppliers, please contact your destination representative immediately. Should you remain dissatisfied with the service provided and wish to comment, please send your written comments to Design within 30 days of your return. Any claim received more than 30 days after your return will not be accepted. Design will not be liable for any claims exceeding the amount paid for the services with respect to which you are claiming.
Any claim relating to or arising out of your purchase of a holiday, or the goods and services provided by or through Design, will be subject to arbitration. Disputes include any unresolved claims concerning any services booked through, or provided by, Design. Disputes include not only claims made directly by you but also made by anyone connected with you or claiming through you. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.
28. Notice to Passengers.
Standards of living and conditions with respect to the provision of utilities, sanitary services and the grading of services such as hotel accommodation vary considerably from one country to another. In other countries, the uninterrupted supply of water and electricity, local health conditions, levels of security and standards of food and beverages may differ from those enjoyed at home. In tropical climates, insects are commonly found inside and outside of any hotel. Illness or inconvenience resulting from the services provided or omitted at the destination are outside the reasonable control of Design and Design accepts no responsibility for such illness or inconvenience. It is the passenger’s responsibility to adhere to the customs, rules and laws of the country he/she is visiting. Should a passenger conduct him/herself in a manner threatening to Design’ employees, other passengers, or the employees of any other company contracted by Design to supply services to said passenger (e.g. hotels, transfer companies, sightseeing companies), Design has the right to refuse service or expel him/her from the hotel, transfer vehicle or sightseeing tour. If this occurs, the passenger is responsible for all costs resulting from said expulsion and no refund will be issued for any unused portion of the passenger’s holiday. All hotels undergo routine maintenance and renovations. Certain resort areas are undergoing major growth with ongoing construction and Design is not responsible for any resulting inconvenience. At brand new hotels, some facilities may not be completely operational. Landscaping and other finishing touches may be continuing during your stay. If Design is advised of any significant work that will be ongoing during your stay or of any major facilities that will not be available, we will try to advise you prior to departure.
29. Communications from Passengers
Any emails, letters or other correspondence sent to Design by a passenger, or passengers, that contain comments made by said passenger(s) regarding their vacation becomes, without limitation, the sole property of Design upon receipt of said correspondence. Design may, at its sole discretion, with or without notice to the passenger and without any form of compensation to the passenger, use said correspondence as a means to promote Design. This may include, without limitation, publishing the comments on our website(s), in brochures, flyers (printed and electronic), emails, newspapers, magazines, television advertising, billboard advertising or any other media selected by Design. By sending said correspondence to Design the passenger hereby acknowledges that he/she/they expressly permit(s) Design the usage of said correspondence, in any fashion deemed appropriate by Design, and furthermore acknowledge(s) that Design becomes the sole owner of said correspondence upon receipt by Design with all rights that accompany said ownership.
30. Optional Tours, Excursions and Activities - Release, Waiver and Indemnity
Any optional and/or physical activity that you choose to undertake at your holiday destination, as a result of your voluntary purchase of an optional tour, excursion or activity inside or outside of your hotel, made either prior to your departure from your country of origin or in destination, may inherently contain a risk of personal injury, loss or damage to you and/or your personal possessions. You hereby expressly agree to assume the entire risk of any and all such injury, loss or damage which you may suffer during or arising out of your participation in the said optional tour, excursion or activity, howsoever caused.
Design makes arrangements with independent transfer operators, coach companies, destination excursion operators and other independent contractors (hereinafter referred to as the “service providers”) to provide services in connection with optional tours, excursions or activities. Design exercises great care in choosing its service providers, but does not have control over them and therefore cannot accept responsibility for, nor can be held liable for, any acts or omissions or negligence of the service providers, their employees, servants, agents, subcontractors or unrelated third parties. Some of these service providers may not be agents or employees of Design, notwithstanding their use of any signage or clothing which may contain the name “Design” or other related trade names or logos. Moreover, these optional tours, excursions and activities are subject to conditions and limitations imposed by the said service providers as well as the laws of the country in which they operate.
You hereby release, discharge and indemnify Design from any and all liability or claims of any nature arising out of or in relation to any loss, damage, injury or illness whether physical or mental, resulting from any delay, substitution of equipment, or any act, omission or negligence of service providers, their employees, servants, agents, subcontractors or unrelated third parties resulting from or arising out of any of the optional tours, excursions or activities in which you voluntarily participate and/or any optional tour, excursion or activity arranged at your specific request and/or at your cost, whether booked prior to your departure from your country of origin or in destination, and you agree to accept all risks associated therewith. You hereby expressly waive any claim against Design for any cause arising out of or related to the actions, omissions, or negligence of any person or party other than Design. Furthermore you understand and agree that before participating in any optional tour, excursion or activity in which you have voluntarily agreed to participate through any request and/or pre-purchase by you for the service, you may be required to sign a written release in destination forever discharging and indemnifying Design from any and all claims of any nature arising out of or related to any such optional tours, excursions or activities made, and agree to assume all risks associated therewith. You understand and agree that all optional tours, excursions and activities are non-refundable and non-transferable.
31. Refund for Unused Travel Services
No refund is made for unused travel services or any portion thereof, nor is the price or value of unused travel services exchangeable for alternative arrangements. The day of departure is excluded when calculating cancellation or change fees. All cancellation fees will be calculated on the total amount of products and services purchased. We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments that may cause you to either cancel your holiday entirely or interrupt your vacation unexpectedly. A travel insurance plan can only be purchased at time of booking.
32. Design's Responsibility
On your behalf, Design arranges with airlines, hotels, transfer companies, baggage handlers and other independent suppliers to provide you with the services you have purchased. Design exercises due care in selecting these companies with respect to their performance and reliability. However, Design has no direct or indirect control over these suppliers and thus we cannot be held responsible for their performance or lack thereof. Therefore, Design shall not be held 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, agent, employee or sub-contractor supplying any of these services as part of your Design holiday. Design and its agents do not assume responsibility for any claims, losses, damages, costs or expense arising out of personal injury or death, loss of enjoyment, upset, disappointment, illness, distress or frustration whether physical, emotional or mental, resulting from or arising out of any of the following:
i. Any negligent act or omission by the airlines, transportation companies, coach tour operators, car rental organizations, hotel/resort properties or other suppliers or their personnel or any company or person not under our direct control.
ii. Government actions, weather, equipment failure, labour disputes, sickness, theft or any other cause beyond our direct control.
iii. Failure of the passenger to obtain the necessary documentation or meet the required health regulations in order to complete their travel arrangements.
iv. Failure of the passenger to arrive at the airport within the time frame stipulated by Design in these Terms and Conditions on the day of departure whether due to missed connections, adverse weather conditions, mechanical failures or any other reason whatsoever.
v. The need for us to change itineraries or substitute accommodation or services, provided that every effort is made to supply the most comparable services and accommodations available.
vi. Cancellation of a tour by Design, provided that full refund of all monies paid is made to the passenger.
vii. While every effort has been undertaken to ensure accuracy, photographs, artists rendering and written descriptions appearing on this Web Site are representational only and are not a guarantee that everything will be exactly as depicted at the destinations.
33. Act of God/Force Majeure
Design and/or its suppliers cannot assume liability for any loss, damage or injury of any nature in whole or in part resulting from an Act of God or any other Force Majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities in Canada, United States of America, Mexico, Central America or the Caribbean or any other factor unforeseen by Design that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Design shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind.
34. Indemnification of Design
The passenger agrees to indemnify and save harmless Design against any liability, actions (including legal fees), claims, losses, costs and damages, which Design may incur, sustain or pay arising out of or in connection with the passenger’s negligent or intentional act or omission, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by Design for which the passenger is responsible.
These Terms and Conditions are binding upon all members of the passenger’s family, dependants, estate, heirs, successors and legal personal representatives.
These Terms and Conditions are governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Further, any claim or action arising out of or relating to these Terms and Conditions may be filed only in the courts of Ontario and you agree to attorn to the exclusive jurisdiction of such courts.
If any term or condition or any portion thereof is held invalid or unenforceable, the remaining portions of the Terms and Conditions will remain in full force and effect, and, if possible, the portion(s) found unenforceable will be construed in a manner consistent with the remaining portions.
By making a reservation to purchase a holiday product from Design you, the passenger, hereby acknowledge that you have read and accept the Terms and Conditions contained herein.
Unless otherwise stated, these Terms & Conditions are valid effective at midnight July 29, 2009 until such time as they may be replaced or modified by Design. The Terms & Conditions posted here on our Web Site take precedence over any other printed terms and conditions that may be in circulation in brochures and other printed materials. If you require clarification of any point(s) contained in these Terms & Conditions please do not hesitate to contact us.
40. Cancellation of Service
In the event that certain services are cancelled, Design will have no responsibility beyond the refund of all monies received by Design for such cancelled services, which will be deemed to constitute full settlement of any claim you might have against us for the cancellation. Alteration of Services: Advertised facilities may occasionally be modified or unavailable. We will advise you of any description changes, if known, prior to departure. Sometimes major changes to your holiday arrangements may be required due to circumstances beyond our control, such as hotel overbooking, unexpected maintenance problems or due to market conditions. Major changes may include change of destination, change of departure or return by more than 24 hours, change of itinerary, change of hotel, ship or accommodation standard. In these circumstances, Design reserves the right to substitute hotel and other arrangements for arrangements of comparable value without notice or liability.
41. Travel Insurance
It is strongly recommended that all travellers obtain adequate insurance coverage to protect themselves should they be obliged to cancel a holiday due to health problems or unforeseen circumstances. You may purchase such insurance from your travel agent at the time of booking. You may also wish to purchase medical insurance. You agree that Design shall not be responsible or liable for health problems that may arise or become aggravated while travelling or at your destination. Standards of medical care may differ from those in Canada. Treatment may be expensive, payment in advance may be required and provincial health care coverage may be limited.
42. Changes to a Booking.
Changes to a confirmed booking can only be made prior to 50 days before departure. An administration fee of $50.00 per person plus GST will be charged for each change. You will also be responsible for any price increase on goods and services from the original reservation date to the date of change. No price adjustments shall be made if the price for such goods and services has decreased. If a change is made to the room occupancy, including the addition to or reduction of the number of occupants, you will be responsible for any resulting increase in price. Name change requests may be denied due to hotel policy and conditions. Requests for changes less than 50 days before departure will not be accepted and will make the booking subject to full cancellation charges. Name changes or name corrections within this period will be treated as a cancellation and rebooking.
43. Changes and Cancellation Chart.
44. Suppliers Responsibilities.
Design Travel Ltd. makes arrangements with independent companies and is not responsible for any acts or omissions on their behalf. The travel services provided are subject to the countries Acts and Regulations. Design Travel Ltd. shall not be held responsible for any loss, damage or injury whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, negligence or commission of any party supplying any of the services or accommodation herein. No representative of any company is authorized to change or override the contract once a reservation is booked.
45. Services and Problem Handling.
If you have any queries or concerns, please contact Design Travel Ltd. immediately while you are on your trip. Please do not leave your complaint until you return home! Please write a letter to Design Travel Ltd. and a copy to whom it may concern (hotel, land transfer etc.) outlining the details of your concerns to:
46. Traveller's Responsibility.
The traveler agrees to adhere to the rules and laws of the country he/she will be visiting. Should the traveler conduct him/herself in a manner threatening to the supplier and/or other passenger(s), the supplier has the right to refuse service or expel him/her from any of the reservations or services booked. Design Travel Ltd. is not responsible for any client’s negligence In this event, the traveler is responsible for all costs and no refund will be issued by Design Travel Ltd. for any unused portions.
Design Travel Ltd. is not responsible for any personal expenses (local or long distance telephone calls, movies, food, bar tabs, and laundry, etc.) It is the client’s responsibility to settle the outstanding bills the night before departure.
WE STRONGLY RECOMMEND THAT THE TRAVELER CHECK WITH THE TROPICAL DISEASE SECTION OF THEIR COUNTRY, IF THERE ARE ANY REQUIEREMENTS, OF INOCULATIOS NEEDED, SEVERAL MONTHS PRIOR TO DEPARTURE.
47. Travel Advisory.
Standards of living vary greatly from country to country. Be advised that living conditions may be different in respect to provision of utilities, services, food and accommodation. Design Travel Ltd. assumes no responsibility for illness or inconvenience resulting from the service provided or omitted at the destination.
ALL PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario Canada, in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Design as a result of this agreement or use of this Web Site.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and Design Travel, Ltd. with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Design Travel, Ltd. with respect to this Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
If you have additional questions or concerns, please e-mail us. We read every customer e-mail and will respond as soon as possible. Alternately, feel free to call or write:
Design Travel Ltd.
1750 Sismet Rd., Unit #8