Terms & Conditions

Introduction

Welcome, by visiting and using our website, you are agreeing to comply with and be bound by the following terms and conditions that apply to all products, packages, and services offered by Experience NL.

Please take the time to carefully read the terms and conditions before making a reservation. Your payment to us constitutes a contractual agreement under Canadian law and signifies your acknowledgement that you have read the terms and conditions and that you agree to follow and be bound by these terms and conditions.

Experience NL maintains the right to amend or alter the terms and conditions at any time without previous notice to you. As a result, we recommend you to carefully read the terms and conditions each time you purchase any product, package or service from us. 

Liability

Our Responsibilities

The products and services in your itinerary/package are offered by Experience NL as an industry affiliate in arrangements with principal businesses providing tourism services and activities. The itinerary/package is subject to any terms and conditions imposed by these suppliers.

Experience NL accepts no liability for any loss or damage occasioned by the negligence of such principles.

As a result, Experience NL cannot accept any liability for any claims, losses, damages, cost or expenses arising out of:

  • personal injury
  • death
  • illness or accidents
  • delay
  • loss or damage of baggage or other property
  • inconvenience
  • upset
  • loss of enjoyment
  • distress or frustration
  • 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 the following:

  • Any unjustifiable or negligent act or omission on behalf of a service provider or an employee thereof other than Experience NL or its employees
  • acts of God
  • sickness
  • theft
  • labor disputes, riots or civil conflicts
  • mechanical breakdown or technical problems with transport
  • acts of terrorism, war or quarantine
  • government actions or constraints
  • poor weather conditions, inundation, any type of storm, fire, closing or poor state of repair of an access road, public health emergencies or health risks
  • supplier bankruptcy
  • failure on your part to obtain the necessary documentation for your trip such as passports, visas and certificates (in such a case you will again not be entitled for any refund nor are we liable for any cost, loss or damage you have suffered)

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 cause or 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 which are out of its control (i.e.: force majeure situations as noted above) and where Experience NL’s contractual obligations with its industry suppliers does not allow it to acquire reimbursement of the amount paid to the supplier on behalf of the client.

The principals providing transportation services, hotels, 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 said supplier.

Experience NL cannot accept any liability for the acts, omissions or default, whether negligent or otherwise of:

  • airlines
  • car rental operators
  • ferry companies
  • Hoteliers
  • 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 (all tickets, coupons, exchange orders, vouchers, and receipts) are issued subject to the appropriate tariffs and terms and conditions of sale of Experience NL’s principals and these conditions 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.

It is, therefore, important to remember that all bookings made by Experience NL are subject to the terms and conditions imposed by transportation operators, hoteliers, and others providing services including but not limited to:

  • car rental
  • ferry
  • 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/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 this website and in our brochure 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/package.

We strive to work with the best in the industry and while all aspects of our service (including secondary sources and industry partners) are carefully vetted to assure a safe, environmentally sustainable and enjoyable experience, we cannot be responsible for their acts or omissions.

Experience NL functions only in the capability of a travel agent for our 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.

Please note that the travel itinerary/package and services are also subject to conditions explicitly stated by third-party suppliers.

Experience NL does not assume any liability for any changes to ferry schedules and vehicle hire/rental or any added costs (re: accommodation, meals etc) that occur due to any delays, rescheduling or missed connections.

Availability

The products 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.

Our 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 or charges/fees imposed by a competent public authority), Experience NL will provide the option of cancellation without charge given that you have contacted us in writing by email or text within 7 days of your receipt of the notice of increase. We will then send you a full refund within 14 days of our receipt of your cancellation.

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

Prices

All quoted 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 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 or product prices do not consist of any supplementary products or services purchased at your destination including but not limited to:

  • meals and drinks/alcoholic beverages
  • optional sightseeing and excursions
  • items listed in the facility description
  • any costs incurred en route to and/or from the destination, recommendations or
  • suggested points of interest
  • passport and visa charges
  • vaccination fees
  • travel insurance
  • excess baggage charges
  • telephone calls
  • gratuities and tips
  • laundry
  • items of a personal nature and/or personal services not specifically identified as part of your selected Experience NL product

Prices quoted in foreign currency at the time of printing are based on XE end of day exchange rates (5 PM Eastern 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 us 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 until three weeks before 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 departure, travel documents will be issued within 7 days of booking.

Once you have received your travel documentation, 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 our attention before departure.

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; 45 days or more prior to date of arrival) or final payment is received upon booking of our service.

Reservations will automatically be canceled if full payment is not received on the applicable due date by Experience NL.

To complete your booking, full payment is required (30 days prior to date of departure), unless payment is made by a personal cheque (see below).

Unless an alternative 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 reservations, payment must be received by immediate wire transfer on confirmation, unless otherwise agreed beforehand. (See wire transfer notes 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 Experience NL.

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 recommended 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 in writing by mail, text or by 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.

Moreover, if cancellation occurs after the balance has been paid in full to us, the below noted cancellation charges will be payable by you.

Please note that the dates calculated will be according to the date Experience NL receives cancellation notice in writing by mail, text or e-mail. In addition to any supplier charges that may apply.

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.

Travel insurance should be taken out as soon as payment is made for maximum protection.

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 after making your reservation (once your initial deposit has been received and processed).

Payment Options

Cheques & Money Orders

Please send payable to:

Experience NL
PO Box 278
Bonavista, NL Canada A0C 1B0

Payments made by personal cheque cannot be accepted for new reservations within 45 days of your departure date.

Furthermore, payments made by personal cheque for final payments must be received no later than 55 days before your departure date to allow for adequate processing time at our financial institution.

Please note that any payments made in non-Canadian funds are subject to the exchange rate at our banking institution and outside Experience NL’s control.

Credit, Debit & PayPal

We accept payment by credit card (Visa, American Express, MasterCard, and Discover), Visa Debit card and PayPal. Payments made by credit card are subject to service charges of 3% (Canadian transactions) and 4% (US and international transactions). Experience NL cannot accept any responsibility for fraudulent use of a credit card.

Your approval for us to use your credit card number for deposit and/or final payment indicates your agreement with our booking Terms and Conditions, whether or not you have formally signed the applicable draft.

Verbal agreement to use your credit card confirms your booking. Thirty (30) days prior to departure, full payment (less deposit) will be applied to the credit card number you provided at the time of deposit (unless Experience NL has been previously notified in writing by email, text or mail to change the credit card number on record).

Email Money & Wire Transfers

Direct wire/electronic funds transfers can be made directly to our bank account or email address.

Due to banking security measures required, bank account details will be provided on request.

Travelers Requiring Special Assistance

You must report any and all disabilities requiring special care, assistance, attention or treatment at the time the reservation is made.

Experience NL will make reasonable attempts to accommodate the special needs of disabled travelers but is not responsible in the event it is unable to do so nor responsible for any denial of services by hotels, restaurants, or other independent suppliers.

Experience NL reserves the right to refuse passage to consumers who appear not likely to be capable of completing a trip, or to whom a trip could present dangerous to themselves and others around them.

Experience NL cannot provide individual assistance to a vacation participant for walking, dining, getting on and off motorcoaches, cruise ships and other vehicles, or other personal needs.

Experience NL strongly recommends a qualified and physically able companion accompany travelers who need such 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 or less prior to date of arrival or before your travel itinerary and supporting documents are sent.

Please note that a $50 administration charge will be applied per person up to a maximum amount of $200. 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 traveling may be treated as a cancellation whereby cancellation charges will apply (please see above).

No changes of name are permitted at any time unless a new traveler is joining your group. Once we send the full itinerary/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 departure date unless it is for a reason outside our control [see force majeure above]) or modify itineraries, travel services or bookings at our discretion, for any reason or where circumstances require, but we will endeavor 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 product or service as a substitute.

We will not be liable for any claims, demands, losses and damages of any nature or kind whatsoever you may have by reason of our modification to, or cancellation of the travel services offered.

If by chance, following confirmation, accommodation standards or specificities change 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.

Under such circumstances, Experience NL will provide the following options:

  • Acceptance of the offered change
  • Choose alternative accommodations based on availability. If a price differential results in the substitution of a lower-priced alternative, this amount will be refunded. Conversely, you are required to make payment for any price differentials resulting in the substitution of a higher-priced alternative
  • Cancellation of your reservation and a full refund of the package price paid to Experience NL.

If we must cancel your booking fully, and in any event, Experience NL’s liability will be restricted to a refund equal to all monies paid to us.

Furthermore, suppliers may have the right to substitute other suppliers in their place with or without notice to us or to you. We do not assume responsibility for any claims whatsoever resulting from such substitutions.

Vehicle Rental/Hire

Vehicle rental/hire prices detailed in your travel package comprise base fees/costs 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 additional rental options are strictly at the full discretion of and cost to the client solely and paid locally.

Including but not limited to:

  • additional driver
  • GPS navigation
  • fuel plans
  • greenhouse gas emissions offset
  • child safety seats
  • supplementary protections and coverage (i.e.: Underage/<25 years, Loss Damage Waiver, Personal Accident Insurance, Personal Effects Protection, Additional Liability Insurance and Roadside Assistance)

Additionally, any deposits or holds required at time of vehicle pick-up/hire and minimum age requirement costs are also at cost to the client solely and paid locally.

Experience NL will not be responsible for paying any extra costs, expenses or fees associated with the aforementioned additional rental options, supplementary protections and coverage and applicable deposits or holds.

Please be advised that presentation of a valid driver’s license and valid credit card must be presented to the rental counter agent at time of vehicle pick-up.

Prior to purchasing additional protection and coverage, it is highly recommended to discuss your existing insurance policy with your personal car insurance provider.

Proof of Citizenship Travel Documents

You are fully responsible for independently obtaining and paying for all entry documents (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 the terms and conditions 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.

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 terms and conditions 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.

Property Rights & Usage

We respect the intellectual property of others and kindly ask our users to do the same.

Experience NL maintains full trademark, copyright and other intellectual property rights to all proprietary material provided in our products and services and located throughout our website including without limitation:

  • documents
  • files
  • texts
  • trade names
  • illustrations
  • photos and graphics
  • video-audio files
  • logos
  • designs
  • icons
  • arrangements

Any use of Experience NL material for commercial purposes is strictly prohibited and punishable under Canadian law.

Agreement Contract

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

I have read and understand the aforementioned terms and conditions of this contract as outlined and agree to accept the terms and conditions as stated.

Please download our terms and conditions here, complete at your earliest convenience, make a copy for your records and return to us by email to hello@experiencenl.com.

CRA Business Number: 741414890

‘Terms & Conditions’ last modified March 26, 2017

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