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Travel Services Agreement - WVHR Performance Tour Pacific Northwest Trip
Travel Services Agreement - WVHR Performance Tour Pacific Northwest Trip
info@opendoorstravel.ca I 778-317-9267
BPCPA #83023
A. Open Doors Travel provides travel booking and related services to its clients.
B. The Client wishes to engage Open Doors Travel to provide travel booking and related services on the terms and conditions
specified herein.
NOW THEREFORE, in consideration of the mutual promises made in this Agreement and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows:
1. DEFINITIONS
1.1 In this Agreement:
(a) “Cancellation Charges” shall mean and include any fees incurred by the Client and/or Traveller, as the case
may be, incidental to a cancellation of any services provided pursuant to this Agreement;
(b) “Departure Date” shall mean the same as the corresponding term in the Traveller Registration form;
(c) “Deposit” shall mean the same as the corresponding term as written in the proposal”;
(d) “Return Date” shall mean the same as the corresponding term in the Traveller Registration form;
(e) “Traveller” shall mean the Client, unless otherwise specified in the Traveller Registration form, in which case,
the Client is the Traveller’s Legal Guardian.
2.2 Fees
2.2.1 All fees (the “Fees”) are quoted in Canadian dollars unless stated otherwise. Open Doors Travel may or may not provide a
breakdown of costs or an itemized list. Fees are determined using group minimums, currency, rates and tariffs in place as of
the date you are provided a quote for services by Open Doors Travel.
2.2.2 The Client acknowledges and agrees that the Fees may be adjusted by Open Doors Travel to accommodate changes to the
itinerary due to unforeseen circumstances, including but not limited to, changes to the number of tour participants,
unavailability of particular attractions, accommodations or flights, or pandemics, epidemics, natural disasters or other
reasonable causes.
BPCPA #83023
2.2.3 The Client acknowledges and agrees that the Fees may be adjusted due to the application of a fuel surcharge or changes in
currency exchange rates. In this event, if the adjustment of the Fees results in an increase of less than 7% of the amount of
Fees originally quoted by Open Doors Travel, excluding GST and PST, the Client shall pay such difference. If the adjustment
of the Fees results in an increase of 7% or more of the amount of Fees originally quoted by Open Doors Travel, excluding
GST and PST, the Client may:
(a) accept the adjustment and pay to Open Doors Travel the difference;
(b) terminate this Agreement, in which case, Open Doors Travel shall reimburse any funds paid by the Client, less
the Administrative Fee (more particularly described at section 2.4);
(c) apply the Fees paid to date towards other services provided by Open Doors Travel.
2.2.4 With regard to paragraph 2.2.3, no adjustment to Fees shall occur within thirty (30) days of the Departure Date.
2.2.5 The Fees are based on a minimum number of paying participants, which is different for each destination. If your group does
not meet these minimum requirements, it may consequently increase the cost of your tour or the tour may be cancelled.
2.2.6 INCLUDED IN THE TOUR. The Client must provide to Open Doors Travel proof of travel insurance for each Traveller, valid
from the Departure Date to the Return Date. For greater certainty, all travel insurance policies must provide for:
(a) ‘Cancel for Any Reason”;
(b) Pandemic (COVID-19 or other) coverage;
(c) a minimum $2 million in medical coverage for the travel destination(s);
(d) trip delay and interruption coverage; and
(e) death and dismemberment coverage
(the “Travel Insurance”).
2.2.7 If you need travel insurance, we recommend and refer Manulife Canada. Please contact our Grou.
2.5 Payments
2.5.1 Payments of Fees are due in accordance with your tour payment schedule, more particularly described the Tour Proposal &
Itinerary. If you are unable to meet a payment deadline, you must contact Open Doors Travel as soon as is practicable.
2.5.2 The Client may pay the Deposit and/or Fees by any one of Visa, MasterCard, electronic funds transfer (ETF), cheques, or
domestic or international money order. Your payment is not deemed made until Open Doors Travel receives it. Payments
can be made online, over the telephone, or by mail. In any event, all payments must be made payable to OPEN DOORS
TRAVEL CONCEPTS LTD. and, if sent via mail, sent to:
OPEN DOORS TRAVEL CONCEPTS LTD.
2308 Riverwood Way
Vancouver, BC V5P 4V7
CANADA
2.5.3 You acknowledge and agree that the form of payment chosen by you will be processed in accordance with the payment
plan selected (more particularly described in the proposal) and processing of said payment(s) may involve a third party.
Open Doors Travel shall not charge transaction fees; however, Open Doors Travel shall not be held responsible or liable for
any additional transaction fees charged by any third parties.
BPCPA #83023
2.5.4 Any reservation(s) made after the Final Payment Deadline as detailed at subparagraph 2.5.7 shall be subject to availability
and approved at the sole discretion of Open Doors Travel. If approved, payment of all Fees is due in full at the time of
booking, plus an additional fee of:
(a) $75 for Land-ONLY Tours; or
(b) $150 for tours involving air travel.
2.5.5 All returned payments shall be subject to a $50 fee. For greater certainty, returned payments shall include, but are not
limited to, credit card chargebacks and bounced cheques.
2.5.6 The Client is aware of, and agrees to, all non-refundable fees pursuant to this Agreement, and further agrees that they shall
not submit dispute with their credit card in relation to any such payments.
2.5.7 For the purposes of this Agreement, the following deadlines for payment shall apply:
2.6 Refunds
2.6.1 All payments made to Open Doors Travel are non-refundable.
2.6.2 No refund will be made for any unused travel services or any portion thereof, nor is the price or value of unused travel
services exchangeable for alternative services.
2.6.3 If you have to cancel and you find a suitable replacement traveller, in accordance with this Agreement and subject to the
approval of any responsible third parties, as the case may be, a non-refundable name change fee of $150.00 shall apply,
payable by cancelling participant or their replacement, in addition to any fees charged by any third-parties incidental to
such a change.
BPCPA #83023
3.2 Reinstating Enrollment
3.2.1 Clients who have canceled their, or a Traveller’s, participation in a tour and wish to rejoin the tour must pay a $50.00
reinstatement fee, plus any difference in Fees and any applicable late fees. Clients or Traveller(s), as the case may be, must
also re-purchase sufficient insurance, if applicable. Reinstatement is subject to availability and is done at the sole discretion
of Open Doors Travel, subject to all conditions governing late enrollments, if applicable. If no space becomes available, any
Cancellation Charges shall continue to apply.
BPCPA #83023
3.8.1 We reserve the right to refuse a participant substitution. A participant wishing to transfer his/her contract to another
person must submit an Open Doors Travel Cancellation Form along with the substitute participant’s pertinent information.
Substitution charges shall amount to 50% of any Cancellation Charges that would otherwise be due under this Agreement,
not inclusive of any other airline surcharges and/or insurance premiums, if applicable.
4. RISK ACKNOWLEDGEMENT
4.1 Travel Interruption
4.1.1 In the event of your withdrawal from a tour following the Departure Date but prior to the Return Date, Open Doors Travel
shall provide no refund. In case of illness or physical limitations, you must obtain a medical certificate in support of any
insurance claim. Open Doors Travel cannot and shall not make any representations or guarantees with respect to any
realize or potential reimbursements pursuant to any insurance claim.
4.4 Liability
4.4.1 Each Open Doors Travel program begins upon the completion of services as established in the tour Proposal & Itinerary,
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2308 Riverwood Way, Vancouver, BC Canada V5P 4V7
info@opendoorstravel.ca I 778-317-9267
BPCPA #83023
attached hereto, and ends upon completion of services established in your program.
4.4.2 With respect to third party suppliers of goods of services, the Client understands and agrees that Open Doors Travel acts
only as an agent for these suppliers, exercises no direct control over said suppliers, and in no event shall Open Doors Travel
assume any responsibility for the acts or omissions of such third parties.
4.4.2 Open Doors Travel is not, and shall not be, responsible for the behaviour of any participants on a tour.
4.4.3 Open Doors Travel, its affiliates, directors, officers, employees, teachers/group leaders, schools, associations, clubs,
organizations cannot be held responsible for events beyond their control, including but not limited to: war, civil unrest, any
acts of violence, force majeure, acts of God, terrorist activities, strikes, epidemics, pandemics or government restrictions.
Nor are they responsible for personal injury, death, property damage, baggage and personal effect loss or theft, and in the
absence of its own gross negligence or from any act or omission arising from Open Doors Travel’s selection of vehicles, host
families, schools, airlines, hotels, tour operators, transportation companies, sightseeing contractors or other firms,
companies, agencies or individuals.
4.4.4 The Client and/or the Traveller, as the case may be, understand and agree to hold Open Doors Travel harmless from any
and all expenses, damages, losses and/or injuries incurred as a result of contracting COVID-19 or any other illness before,
during or after a tour. The Client and/or Traveller, as the case may be, accept and understand all risks of travelling during
any pandemic, including but not limited to contracting COVID-19.
BPCPA #83023
upon its arrival.
4.7 Disputes
4.7.1 In the event of a dispute(s) with respect to the interpretation, application or alleged breach of this Agreement, the Parties
shall attempt to resolve any such dispute(s) informally between them. If the Parties are unable to resolve any such
dispute(s) informally, and the Client and/or Traveller(s) intends to file a complaint to Consumer Protection BC with respect
to the services provided pursuant to this Agreement, the Client and/or Traveller(s) understand and agree that they must file
any such complaints in writing, and must deliver a copy same to Open Doors Travel via registered mail or e-mail, not later
than 21 days after the event giving rise to the complaint.
4.7.2 In the event that a complaint escalated to Consumer Protection BC remains unresolved, and a Party initiates a claim or
proceeding in court, the Parties agree that they shall submit and consent to the exclusive jurisdiction and venue of the
courts of the Province of British Columbia, Canada.
6. GENERAL
6.1 This Agreement contains the entire agreement among the Parties pertaining to the subject matter hereof and supersedes
and replaces all previous written and oral agreements among the Parties with respect to the subject matter hereof.
6.2 The Proposal attached to this Agreement form an integral part of this Agreement and are incorporated herein by reference.
6.3 In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions
shall remain in full force and effect.
6.4 No amendment of the Agreement nor waiver of any of the terms and provisions hereof will be valid unless effected by a
written amendment or waiver signed by both Parties and no waiver of any provision of this Agreement shall constitute a
general waiver under this Agreement.
6.5 The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other
Party shall not be construed as a waiver of any subsequent breach of the same or any other provision.
6.6 This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia. Any legal action or
proceeding with respect to this Agreement shall be brought exclusively in the courts in British Columbia and by execution of
this Agreement, the Client irrevocably consents to the jurisdiction of those courts.
6.7 This Agreement will enure to the benefit of and be binding upon the Parties and their respective personal representatives,
successors and assigns.
6.8 Neither of the Parties may assign the benefits or obligations arising from the Agreement without the prior written consent
of the other.
Canadian Owned and Operated I www.opendoorstravel.ca 7
2308 Riverwood Way, Vancouver, BC Canada V5P 4V7
info@opendoorstravel.ca I 778-317-9267
BPCPA #83023
6.9 The Parties covenant and agree to execute such further and other documents and instruments and to do such further and
other things as may be necessary to implement and carry out the intent of this Agreement.
6.10 This Agreement may be executed in as many counterparts and by facsimile transmission as may be necessary and each of
which so signed will be deemed to be an original and such counterparts and facsimile transmissions together will constitute
one and the same instrument and notwithstanding the date of execution will be deemed to bear the date set forth above.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date.
[CLIENT NAME]
Per: Authorized Signatory Legal Guardian
Signature Date: Signature Date:
Please see the asttached detail of your tour package. This document is incorporated by reference and forms part of this Agreement.