Booking Agreement


Download
Booking Agreement

Welcome, by booking with Experience NL, you are agreeing to comply with, and be bound by, the following agreement’s terms and conditions that apply to all packages and services offered by them.

Please carefully read the booking agreement before making a reservation. Your payment to Experience NL constitutes a contractual agreement under Canadian law, signifies your acknowledgement that you have read the booking agreement, and that you agree to follow and be bound by these enclosed conditions of service.

Experience NL maintains the right to amend or alter this booking agreement at any time, without previous notice to you. As a result, it is highly recommended you carefully read the booking agreement each time you purchase an Experience NL package.


Responsibilities

The products and services enclosed with your itinerary are offered by Experience NL as an industry affiliate, in arrangements with principal businesses providing tourism services and activities. Your itinerary is subject to any conditions of service imposed by these suppliers. Experience NL accepts no liability for any loss or damage occasioned by the negligence of such principles.

Experience NL accepts no liability for any claims, losses, damages, costs, or expenses arising out of:

  1. personal injury
  2. death
  3. illness or accident
  4. delay
  5. loss or damage of baggage or other property
  6. inconvenience
  7. upset
  8. loss of enjoyment
  9. distress or frustration
  10. disappointment

Whether physical or mental attributed to a force majeure, meaning an extraordinary and/or unforeseeable event or circumstance beyond the control of Experience NL, including, but not limited to:

  1. any unjustifiable or negligent act or omission on behalf of a service provider or an employee thereof, other than Experience NL, or its employees
  2. acts of God
  3. sickness
  4. theft
  5. labor dispute, riot, or civil conflict
  6. mechanical breakdown or technical problem with transport
  7. act of terrorism, war or quarantine
  8. government action or constraint
  9. poor weather, inundation, any type of storm, fire, closing or poor state of repair of an access road, public health emergency, or health risk
  10. supplier bankruptcy
  11. failure on your part to obtain the necessary documentation for your trip, such as passports, visas, and certificates (in such instances, you will again not be entitled for any refund nor is Experience NL liable for any cost, loss, or damage you have suffered)
  12. failure on your part to follow instructions, including, but not limited to:
  • airport departure times
  • baggage handling
  • check-in and checkout times
  • cancellation
  • modification for any reason in the travel services offered
  • any other factor over which no reasonable control can be exercised by Experience NL

A full refund will not be provided in circumstances where travel must be cancelled by Experience NL for reasons that are out of its control (see Responsibilities above) and where Experience NL’s contractual obligations with its industry suppliers prevent reimbursement of the amount paid to the supplier on behalf of the client.

The principals providing transportation services, accommodations, and other tour services are independent contractors, and are not the agents, employees, or servants of, or joint-ventures with, Experience NL. Experience NL acts only in the capacity of agent for the client or for the supplier of the goods and services rendered, and, as such, maintains no control over the personnel, equipment, operations, or goods of the supplier.

Experience NL accepts no liability for acts, omissions or default, whether negligent or otherwise of:

  1. airlines
  2. car rental operators
  3. ferry companies
  4. accommodation providers
  5. tour operators or other persons providing services in connection with your tour pursuant to a contract between themselves and you (which may be evidenced in writing by the issue of a ticket, voucher, coupon, or the like) and over whom Experience NL has no direct or exclusive control

The travel services and other services (tickets, coupons, exchange orders, vouchers, and receipts) are issued subject to the appropriate tariffs and conditions of service of sale of Experience NL’s principals and to the laws of the province in which the services are supplied. Their liability is limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.

All bookings made by Experience NL are subject to the service agreements imposed by transportation operators, accommodation providers, and others providing services including, but not limited to:

  1. car rentals
  2. ferries
  3. tour and restaurant operators

Whose services are utilized by Experience NL, some of which limit or exclude liability in respect of insolvency, non-operation, death, personal injury, delay, and loss or damage to baggage. Your acceptance of any tickets, coupons, exchange orders, vouchers, and receipts will be deemed acceptance of above conditions and of any alterations made to your tour.

Experience NL reserves the right to decline acceptance of any individual or passenger at any time. Experience NL’s accommodation bookings are based on the Canada Select rating system and may be different from ratings reported elsewhere. Photographs found on Experience NL’s website and in their brochure and guide are depictions only and not an assurance that everything will be exactly as shown upon arrival at your destination.


Industry Affiliates & Suppliers Responsibilities

Experience NL collaborates with third-party suppliers, such as accommodations and other service providers included in your itinerary. Experience NL strives to work with the best in the industry and while all aspects of service, including secondary sources and industry partners, are carefully vetted to assure a safe, environmentally sustainable, and enjoyable experience, Experience NL cannot be responsible for their acts or omissions.

Experience NL functions only in the capacity of a travel agent for every client or for the supplier of the goods or services provided, and, as a result, retains no control over the employees, equipment, supplies, operations, or products and supplies of the said supplier. Your travel itinerary and services are also subject to conditions explicitly stated by third-party suppliers. Experience NL assumes no liability for any changes to ferry schedules and vehicle rental or any added costs (i.e. accommodations, meals, etc) that occur due to any delays, rescheduling, or missed connections.


Availability

The packages and services provided by Experience NL are subject to availability at the time of booking.


Rates & Price Variations

Prior to confirming your reservation, you will be provided with a precise amount for your booking. Experience NL reserves the right to notify you of any price adjustments, at any time, and subsequently, vary the rates in the event of adverse moments in exchange rates or price rises made by the principals.

Experience NL’s aim is to deliver you the vacation that you have chosen, at the price applicable upon time of booking. If for some reason your vacation price increases greater than 7% (unless the increase is attributed to taxes, royalties, charges, or fees imposed by a competent public authority), Experience NL will provide the option of cancellation, without charge, provided you have contacted them by email or text, within 7 days of your receipt of the notice of increase. A full refund will then be sent to you within 14 days of Experience NL’s receipt of your cancellation.

Additional bookings will be subject to surcharge as appropriate. Rates may be per tour, per night, accommodation, per package, and, as appropriate, to the particular product. Car rental is based on a 24 hour period commencing from time of pick-up.

All prices are quoted in Canadian funds (unless otherwise stated) and subject to change without notice. Prices do not reflect applicable 15% HST. Prices are based on availability at booking time and are effective at the time of finalizing your itinerary. Once your booking is paid in full, you are assured against potential price increases on the condition that no changes are made to the original booking.


Supplementary Products & Services

Other than as stated in itineraries, Experience NL’s package prices do not consist of any supplementary products or services purchased at your destination, including, but not limited to:

  1. meals, drinks, and alcoholic beverages
  2. optional sightseeing and excursions
  3. items listed in the facility description
  4. any costs incurred en route to and/or from destination, recommendations, or suggested points of interest
  5. passport and visa charges
  6. vaccination fees
  7. travel insurance
  8. excess baggage charges
  9. telephone calls
  10. gratuities and tips
  11. laundry
  12. items of a personal nature and/or personal services not specifically identified as part of your selected Experience NL package
  13. prices quoted in foreign currency at the time of printing are based on XE end of day exchange rates (5:00PM Newfoundland Standard Time). Experience NL assumes no responsibility for any varying in price due to currency fluctuations

Spelling of Names & Documentation

Please ensure that the spelling of all names in your travel group are correct and match the details exactly as shown on your travel documents. It is your responsibility to advise Experience NL of the correct information at the time of booking, as you may incur substantial costs to amend details at a later stage if the information you supplied was incorrect.


Travel Documents

Travel documents are not normally dispatched to you until three weeks prior to your departure date. When documents have been issued, and received by the company, they will be immediately forwarded (mailed and emailed) to you. For reservations made 21 days or less prior to your departure date, travel documents will be issued within 10 days of booking.

Once you have received your travel documentation, please take the time to carefully review all details to ensure they are correct and aligned to your booking confirmation. Any discrepancies, questions, or concerns should be brought to Experience NL’s attention prior to your departure date.


Payment Confirmation & Procedures

A reservation will be confirmed once either an initial, non-refundable deposit equal to 20% of your balance (unless another amount is stated, and 45 days or more prior to date of arrival) or final payment is received upon booking of Experience NL’s service. Reservations will automatically be cancelled if full payment is not received by Experience NL on the applicable due date.

To complete your booking, full payment is required (30 days prior to your departure date), unless payment is made by credit card, debit card, or personal cheque (see Payment Options below). Unless an alternate schedule of payment has been agreed, per each individual case, full payment must be received within this time frame. In the instance of last minute bookings, payment must be received by immediate wire transfer on confirmation, unless otherwise agreed beforehand (see Payment Options below).

No itinerary will be finalized until full payment is received. No liability will be accepted by Experience NL until payment is actually received by them. Any binding contract will only exist between you and Experience NL when final payment has been made and all tickets, coupons, exchange orders, vouchers and receipts, and alike have been issued to you by Experience NL.


Cancellation Charges & Refunds

It is highly suggested that you purchase travel insurance in the event you are required to cancel your vacation. Refunds for cancellation of a reservation can only be considered once you notify Experience NL by mail, text, or e-mail.

If you do not pay the balance of your vacation package at the required time, Experience NL maintains the right, after appropriate notification to you, to cancel the booking. In this situation, or if you decide to cancel after the booking is accepted, the deposit will be forfeited, in addition to any supplier charges that may apply. Moreover, if cancellation occurs after the balance has been paid in full to Experience NL, the below noted cancellation charges will be payable by you.

Please note, the dates calculated will be according to the date Experience NL receives your cancellation notice by mail, text, or e-mail. Should you decide to cancel your reservation, cancellation charges, as a % of balance, apply according to the number of days prior to your departure date as follows:

Days

Fee*

46+

20% or Deposit

45-34

30%

33-23

50%

22-11

75%

10-0

100%

*Cancellation fees are considered liquidated damages to compensate Experience NL for prepayments made on advance booking of travel services and for administrative costs involved in processing applicable cancellations.


Unused Services

There are no refunds for any unused portion of your services after arriving at your destination.


Travel Insurance

Travel insurance is highly suggested as a means for protection. Medical assistance outside your country may be costly and not covered under Canada’s social medicare system. For maximum protection, travel insurance should be taken out as soon as your initial payment to Experience NL is made.

If you book with Experience NL and choose not to take out travel insurance, Experience NL will not be responsible for paying any extra costs or expenses you may incur. Please confirm whether you have adequate travel insurance within 48 hours of making your reservation (once your initial deposit has been received and processed).


Payment Options

Cheques & Money Orders

Please send payable to:

Experience NL Travel Agency
PO Box 106
Renews, NL Canada A0A 3N0

Payments made by personal cheque cannot be accepted for new reservations within 45 days of your departure date. Payments made by personal cheque for final payments must be received no later than 55 days prior to your departure date to allow for adequate processing time at Experience NL’s financial institution. Please note, any payments made in non-Canadian funds are subject to the exchange rate at Experience NL’s banking institution and outside Experience NL’s control.


Credit & Debit Cards

Experience NL accepts payment by credit card (Visa, American Express, MasterCard, and Discover) and Visa debit card. Experience NL uses PayPal’s secure system to process all credit card and debit card payments. Experience NL cannot accept any responsibility for fraudulent use of a credit card or debit card.

To allow for adequate processing time between PayPal and Experience NL’s financial institution, payments made by credit card or debit card cannot be accepted for new reservations within 35 days of your departure date. Additionally, payments made by credit card or debit card for final payment must be received no later than 45 days prior to your departure date.

Your approval for Experience NL to use your credit card or debit card number for deposit and/or final payment indicates your agreement with Experience NL’s booking agreement, whether or not you have formally signed the applicable draft. Verbal agreement to use your credit card or debit card confirms your booking.

Forty-five (45) days prior to your departure date, full payment (less deposit) will be applied to the credit card or debit card number you provided at the time of deposit (unless Experience NL has been previously notified by email, text, or mail to change the credit card or debit card number on record).


Email Money & Wire Transfer

Direct wire or electronic funds transfers can be made directly to Experience NL’s bank account or email address.


Travelers Requiring Special Assistance

Kindly report any and all disabilities requiring special care, assistance, attention, or treatment at the time of your reservation. Experience NL will make all reasonable attempts to accommodate the special needs of travelers, but are not responsible in the event it is unable to do so, nor liable for any denial of services by accommodations, restaurants, or other independent suppliers.

Experience NL reserves the right to refuse passage to any traveler incapable of completing a trip, or to whom a trip could present risk to themselves and others around them.

Experience NL cannot provide individual assistance to a vacation participant for walking, dining, getting on and off motor coaches, cruise ships, and other vehicles, or other personal needs. Experience NL strongly recommends a qualified and physically able companion accompany travelers who need assistance. All travelers with Experience NL are subject to the participation clause above.


Reservation Changes & Substitution of Services

Once your booking request has been received, you may decide to change some aspect or element of your itinerary. Experience NL will make every effort to meet your specificities and needs, if requests are made no less than 45 days prior to date of arrival, or before your travel itinerary and supporting documents are sent to you. Please note that a $50 administration charge will be applied, per person up to a maximum amount of $200, for this service. Once the full itinerary has been sent to you, no changes can be made.

Changes within 30 days of travel, flight date changes, and/or changes to the names of people travelling may be treated as a cancellation, whereby cancellation charges will apply (see Cancellation Charges and Refunds above). No change of names are permitted, at any time, unless a new traveler is joining your group. Once Experience NL sends the full package to you, no modifications can be made. Some substitutions may be required that could affect initially quoted prices.

Experience NL reserves the right to cancel (no less than 8 weeks prior to your departure date, unless it is for a reason outside Experience NL’s control [see Responsibilities above]) or modify itineraries, travel services, or bookings at their discretion, for any reason, or where circumstances require, but will endeavour to substitute comparable services. For example, at certain times reserved accommodations may become unavailable because of unexpected maintenance or overbooking on the part of the supplier. In such an event, you will receive a comparable or superior package as a substitute.

Experience NL will not be liable for any claims, demands, losses, and damages of any nature or kind, whatsoever, you may have by reason of modification to, or cancellation of, the travel services offered. If by chance, following confirmation, accommodation standards or specificity changes or other changes occur with your travel itinerary, Experience NL will immediately contact you, upon receipt of such changes from the applicable suppliers, prior to your departure date. Under such circumstances, Experience NL will provide the following options:

  1. acceptance of the offered change
  2. choose an alternative based on availability. If a price differential results in the substitution of a lower-priced alternative, this amount shall be refunded to you. Conversely, you will be required to make payment for any price differential resulting in the substitution of a higher-priced alternative
  3. cancellation of your reservation and a full refund of the package price paid to Experience NL

If Experience NL must cancel your booking fully, their liability will be restricted to a refund equal to all monies you paid to them. Furthermore, suppliers may have the right to substitute other suppliers in their place, with or without notice to Experience NL or to you. Experience NL does not assume responsibility for any claims whatsoever resulting from such substitutions.


Vehicle Rental

Vehicle rental prices, detailed in your travel package, comprise base fees only. Rental fees are based on the 24 hour clock (drop-off time to coincide with pickup time) to avoid additional charges. Your package includes concession charges, with insurance and fuel not included.

Any extra rental options are strictly at the full discretion of, and cost to, you solely and paid locally, including, but not limited to:

  1. additional driver
  2. GPS navigation
  3. fuel plans
  4. greenhouse gas emissions offset
  5. child safety seats
  6. supplementary protections and coverage (i.e. <25 years, Loss Damage Waiver, Personal Accident Insurance, Personal Effects Protection, additional Liability Insurance, and Roadside Assistance)

Moreover, any deposits or holds required at the time of vehicle pick-up and minimum age requirement costs are at cost to you solely and paid locally. Experience NL will not be responsible for paying any costs, expenses, or fees associated with the aforementioned, additional rental options, supplementary protections and coverage, and applicable deposits or holds.

Please note, presentation of a valid driver’s license and a valid credit card must be presented to the rental counter agent at the time of vehicle pick-up. Prior to purchasing additional vehicle protection and coverage, it is recommended that you discuss your existing policy with your car insurance provider.


Proof of Citizenship & Travel Documents

You are fully responsible for independently obtaining and paying for all entry and travel documents to Canada (passport, visa, and otherwise), legislated by all applicable government authorities. Experience NL is not responsible for facilitating this process.

Most countries require a passport valid for a minimum of 3-6 months beyond the trip return date home. All required documents must be originals. Travelers failing to present all required documents could be declined boarding privileges by the airline or relevant authorities, without further remedy, or without any possibility for a refund.

Experience NL accepts no liability for any traveler refused entry into Canada as a result of insufficient documentation. No refund or replacement will be provided for travel documents that are lost or stolen.


Severability

If any provision of this booking agreement is determined, by any competent authority, to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions in said agreement.


Governing Law

This contract has been negotiated and executed in the Province of Newfoundland and Labrador and shall be governed according to all applicable laws of the Province of Newfoundland and Labrador and Canada therein.

In the event of legal action to enforce or interpret this contract, you consent and submit to the single and exclusive jurisdiction of the courts within the Province of Newfoundland and Labrador, Canada, regarding disagreements occurring out of, or concerning, the booking agreement and your association with Experience NL.

Written notification or any claim against Experience NL must be received no later than fourteen (14) days after your trip end date.


Booking Agreement Contract

I agree that the services provided by Experience NL are as requested.

I have read and understand the aforementioned booking agreement as outlined.

I agree to accept the conditions of service of this contract.


Download Booking Agreement, complete at your earliest convenience, and return last page only by email to plan@experiencenl.com.

Updated August 14, 2019