Tour Operator Details:
o Tour Operator name: Experience Escapades
o Tour Operator corporate ID: 1452246-0
o Tour Operator address: 2967 Dundas St. W. #638 Toronto, ON M6P 1Z2
o Email Address: www.experienceescapades.com
o Phone Number: 647-373-0656
TERMS AND CONDITIONS OF SALE
(the “Conditions”)
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
'Business Day' a day other than a Saturday, Sunday or public holiday in Ontario, Canada, when banks in Toronto are open for business.
'Contract' the contract between the Tour Operator and the Customer for the operation of a Tour in accordance with these terms and conditions.
'Customer' the person who purchases a Tour from the Tour Operator; “you”.
'Data Protection Legislation' all applicable Canadian data protection and privacy legislation in force from time to time in any applicable jurisdiction, including the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and applicable provincial laws.
'Front Sheet' the front sheet to these Conditions setting out details of the Tour Operator.
‘Platform Provider’ means Easol Travel Limited.
'Intellectual Property Rights' patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
‘Tour’ includes the experiences and related events, goods and services made available by the Tour Operator to the Customer on the Website or otherwise provided by the Tour Operator to the Customer.
'Tour Operator' the operator of the Tours, with our details set out in the Front Sheet; “we” or “us”.
‘Website’ means the Tour Operator’s ecommerce site which is hosted by the Platform Provider.
1.2 Interpretation:
1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.2 Unless the context otherwise requires, any reference to Canadian law that is directly applicable or directly effective in Canada at any time is a reference to it as it applies in Canada from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on 31 January 2023.
1.2.3 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.4 A reference to writing or written includes email.
2. CONTRACT FOR TOURS
2.1 The booking constitutes an offer by the Customer to purchase the Tour Operator’s Tours in accordance with these Conditions.
2.2 These Conditions will apply to all bookings you make with us.
2.3 The booking shall only be deemed to be accepted when the Tour Operator or any person authorized by the Tour Operator issues a confirmation of the booking (“Booking Confirmation”) at which point and on which date the Contract shall come into existence.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by the Tour Operator shall not constitute an offer.
2.6 Our Website is run on the platform operated by the Platform Provider. The Platform Provider has no control over the products or services or any of the information or content on the Website. Any booking or order for a product or service that you make on the Website is between you and the Tour Operator. There is no contractual relationship between you and the Platform Provider in relation to the Website or any products or services on that site. If you have any questions, concerns, complaints, or wish to cancel your order or booking, you should contact the Tour Operator directly.
2.7 Nothing in these Conditions or the Contract shall affect the Customer's applicable statutory rights as a consumer.
3. CUSTOMER'S OBLIGATIONS
3.1 The Customer shall:
3.1.1 Ensure that the terms of the booking, and any information it provides are complete and accurate;
3.1.2 Co-operate with the Tour Operator in all matters relating to the Tours;
3.1.3 Provide the Tour Operator and/or the Platform Provider with such information as the Tour Operator and/or the Platform Provider may reasonably require in order to process the order and operate the Tours, and ensure that such information is complete and accurate;
3.2 The following restrictions apply in respect of booking Tours:
3.2.1 Bookings may only be made by individuals who are 18 years or over. You agree to provide full, complete and accurate information to the Tour Operator.
3.2.2 You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due. By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents.
3.2.3 The Tour Operator accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of. You may be prevented from participating in a Tour or certain features of a Tour if incorrect information is given.
3.2.4 Certain Tours may only be suitable for certain types of individuals. Customers must carefully review the criteria and waivers for you and travellers in your group to agree to. Female travellers in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Not all Tours are suitable for individuals with reduced mobility. If you have any questions, please contact us to discuss whether the Tours are suitable for you and your party before booking.
3.3 You must take responsibility for the safeguarding of your personal belongings while participating in the Tours (from the point of departure to return, including all scheduled activities). The Tour Operator is not responsible for any loss or damage to you or a travelling party’s personal belongings.
3.4 If the Tour Operator’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
3.4.1 Without limiting or affecting any other right or remedy available to it, the Tour Operator shall have the right to suspend or terminate operation of the Tour for the Customer until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Tour Operator’s performance of any of its obligations;
3.4.2 The Tour Operator shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Tour Operator's failure or delay to perform any of its obligations as set out in this paragraph 3.4; and
3.4.3 The Customer shall reimburse the Tour Operator on written demand for any costs or losses sustained or incurred by the Tour Operator arising directly or indirectly from the Customer Default.
4. CHARGES AND PAYMENT
4.1 The price of the Tours will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, before or after your booking. If there are increases in prices after your Booking Confirmation, you will be notified and given an opportunity to (i) accept the new price; or (ii) terminate the Contract without any liability for you or us (less any platform, transaction and processing fees that have been incurred); (iii) choose a substitute Tour of equivalent or higher quality, if possible, offered to you and its price. If you decide to terminate the Contract pursuant to option (ii) and you do not accept a substitute Tour, the Tour Operator shall refund you within 14 Business Days. If you do not confirm within the period specified whether you wish to accept the proposed change or terminate the Contract, the Tour Operator will notify you a second time. If you fail to respond again then the Tour Operator may terminate the Contract and refund all payments made to you within 14 Business Days.
4.2 At the time of booking, a non-refundable deposit (“Deposit”) per person per Tour is due to the Tour Operator. The amount of the Deposit will be listed on the Website in the pricing information for the Tour and may vary per Tour.
4.3 Despite the Tour Operator’s best efforts, some of the Tours listed on the Website may be incorrectly priced. The Tour Operator expressly reserves the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after Booking Confirmation. If the change is made after Booking Confirmation, the Tour Operator shall offer Customer the opportunity to keep the booking at the correct price or terminate the Contract and receive a full refund, without any liability for your or us (less any platform, transaction and processing fees that have been incurred). The Tour Operator is under no obligation to provide Tours at an incorrect (lower) price, even after confirmation of the booking has been sent.
4.4 Your payment to us may be processed on our behalf by the Platform Provider or its appointed third party payment processing provider. The Platform Provider receives the monies you pay to it as a payment agent for the Tour Operator.
4.5 The balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Tour on the Website or on the confirmation email and invoices issued by the Tour Operator. In the event of your non-payment of the balance by the payment deadline, the Tour Operator reserves the right to cancel the booking and charge cancellation fees.
4.6 If you are paying in a currency (the converted currency) which is different to the primary currency of the listing (the primary currency), any payment and installments you make towards the booking will be converted based on the exchange rate at the time you make the payment (which may differ to the exchange rate at the time of your booking). For any currency conversions, the Tour Operator (or our service providers) shall add its standard exchange rate fee from time to time in place, as amended from time to time. This shall be added on to the price being paid by you for the Tour. Please note, the exchange rate may vary between payment of your installments for the Tour and accordingly the price for the Tour may change as a result of the exchange rate fluctuations.
4.7 The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc.), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
4.8 Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the booking confirmation.
4.9 At the time of booking, the Customer will have the option to pay the full amount of the Tour in advance or to make deferred payments in accordance with a payment schedule as set out by the Tour Operator. If the Customer chooses to make deferred payments and any payment is not paid by the due date, the Tour Operator reserves the right to charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of Canada from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
4.10 If we become aware of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expenses arising from such cancellation, without prejudice to any other action that may be made against you.
5. LATE BOOKINGS
5.1 The Tour Operator emphasizes the importance of making a booking at the earliest opportunity, as the small group nature of the Tours means that the Tours may fill up quickly at which point the Tour Operator will not be able to accept additional bookings.
5.2 For bookings received within 6 weeks of the start date of the Tour (or earlier for certain Tours), the Tour Operator reserves the right to pass on any extra costs incurred due to the late nature of the booking. We will advise you of such additional costs at the time you make your booking.
5.3 For bookings received within 6 weeks of the start date of the Tour (or earlier for certain Tours), the Contract between you and us comes into existence as soon as full payment has been captured by us or our authorized travel agent.
5.4 We strongly recommend that if you make a late booking or an “on request” booking, you do not book any flights or make any other arrangements in connection with your chosen Tour until you have received written confirmation from us that we can accept your booking. In the event that you do choose to book flights or make any other arrangements before receiving written confirmation from us that we can accept your booking, we have no liability to you for any refunds of such costs incurred in the event that we are unable to accept your booking for that Tour.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Tour Operator’s literature and Website shall remain at all times vested in the Tour Operator. The Customer is permitted to use this material only as expressly authorized by the Tour Operator.
6.2 The Customer acknowledges and agrees that the material and content contained within the Website is made available for personal non-commercial use only and the Customer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. TRAVEL INFORMATION AND INSURANCE
7.1 Please note that the Tour Operator is not responsible for providing passport and visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to the Tour Operator where relevant. Any information supplied by the Tour Operator on the Website or otherwise on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
7.2 The passport, visa and health requirements at the time of booking should be viewed on relevant government websites or by making your own enquiries. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
7.3 IT IS A MANDATORY REQUIREMENT THAT EACH TRAVELLER HAS TRAVEL INSURANCE WITH MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF CAD$200,000 covering the entire length of the Tour. The insurance must cover personal injury and emergency medical insurance. If the Tour Operator is unable to verify that you have sufficient insurance in place, we may terminate your contract with no refund and without any liability to us.
7.4 You are strongly encouraged to take out appropriate insurance which adequately covers the risks associated with the Tour that you are participating in including the costs related to cancellation and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while travelling.
7.5 You acknowledge that insurance coverage is not included in the cost of any Tours offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. We recommend that you advise your insurer of the details of the Tour so that the insurer may provide appropriate coverage.
7.6 For certain Tours, the Tour Operator may require that travellers provide medical information in order to book and/or participate in the Tour or any of its features. The Tour Operator reserves the right to deny permission to any travellers to travel or participate in a Tour or any features of a Tour if we determine that the traveller’s medical condition renders them unfit for the Tour or a danger to themselves or others.
8. CANCELLATION BY THE CUSTOMER
8.1 Requests by the Customer for cancelling or changing Tours must be submitted to the Tour Operator promptly. Subject to your statutory rights and your express rights under this agreement, any such requests are at the discretion of the Tour Operator.
8.2 If a cancellation is accepted by the Tour Operator, the Tour Operator can require a cancellation charge and to charge additional costs incurred as a result of the travel arrangements already made.
8.3 Where the Tour Operator accepts cancellation, cancellation charges, if any, will be determined with reference to the date on which notice of cancellation is received by us and are expressed as a percentage of the total price paid for the cancelled Tour. Customer acknowledges that the Tour Operator’s cancellation charges cover the cost of processing the cancellation and compensate the Tour Operator for the risk we may not be able to resell your travel arrangements.
8.3.1 Cancellation received 60 days or more before first product or service in relevant booking: the Deposit will be held by us in accordance with these Terms, the remainder of the payments made to us in respect of the cancelled product will be refunded.
8.3.2 Cancellation received 30-59 days before first product or service in relevant booking: the Deposit will be held by us in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to us in respect of the cancelled Services will be refunded.
8.3.3 Cancellation less than 30 days before departure of first product or service in relevant booking: the Deposit will be held by the Tour Operator in accordance with these Terms, and no further refund will be payable.
8.4 For Customers who choose to make full payment at the time of booking, the cancellation charges that apply and any related refunds will be determined in accordance with the cancellation charges set out in paragraph 8.3 as if the Customer chose to make deferred payments in accordance with the Tour Operator’s payment schedule
8.5 For cancellation of any add-on features to the Tour, such as arrival transfers, accommodations before and after the operation of the Tour and optional activities booked directly with the Tour Operator, if notification of cancellation is provided 31 days or more before departure the Customer will receive a full refund in respect of the add-on features.
8.6 The cancellation charges may be higher for certain travel arrangements, such as coach tours or booked accommodations. Please ask for details of cancellation charges when you book and check your insurance policy to see if you’d be covered for the cost of any cancellation charges.
8.7 Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking. Please note that the cancellation of the Tour may be subject to separate cancellation charges if there are additional costs that have been incurred.
8.8 If a refund is made to you the refund shall be made less any platform, transaction and processing fees that have been incurred.
9. CHANGE OF BOOKING BY THE CUSTOMER
9.1 If after making the booking a Customer wants to change the trip with respect to the accommodation, the Customer should contact the Tour Operator. Subject to your statutory rights, any such requests are at the discretion of the Tour Operator.
9.2 The Tour Operator has no legal obligation to make such changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and a fee may be imposed in the event of a change to a booking. Such fees can be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Tour (e.g. a hotel room charge) may incur a 100% charge.
9.3 Any changes to a booking made to accommodate a Customer’s request may be subject to an administrative fee, [which fee the Customer will be informed of ahead of time by the Tour Operator.
10. CANCELLATION BY THE TOUR OPERATOR
10.1 On rare occasions, the Tour Operator may have to cancel the Tour and reserves the right to do so. If the Tour Operator has to do so, the Customer will be notified as soon as possible. The Tour Operator may (at its discretion) also offer an alternative Tour if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Tour is of a lower quality or cost, the Customer may be entitled to a price reduction at the Tour Operator’s discretion. If the Tour Operator cannot offer an alternative, it may at its discretion provide a full refund of any payments made for the Tour (less any platform, transaction and processing fees that have been incurred).
10.2 If a refund is made to you for any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
11. CHANGE OF BOOKING BY THE TOUR OPERATOR
11.1 As elements of the Tours are planned in advance (in some cases by many months), from time to time the Tour Operator may need to make a change to the Tours. The Tour Operator reserves the right to do so at any time. Most changes are minor changes, such as changes to the route, schedules, accommodations, activities, amenities and mode of transport, are minor changes and are subject to change without notice. However, occasionally the Tour Operator will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Tours, or where it cannot fulfill any special requirements which it has accepted (a “Material Change”). Whether or not a change is a Material Change is at the discretion of the Tour Operator.
11.1.1 Material Changes include the following, when made before departure:
11.2 In the unlikely event that the Tour Operator has to make a Material Change to the Tour, the Customer will be informed as soon as reasonably possible. Within 5 days of being notified of the Material Change, the Customer will have the option to:
11.2.1 If the Customer does not choose an option above within 5 days of being notified of the Material Change, the Customer will be deemed to have accepted the proposed change.
11.2.1 If the Customer does not choose an option above within 5 days of being notified of the Material Change, the Customer will be deemed to have accepted the proposed change.
11.2.2 In the unlikely event that a Material Change is made 7 days or less before the start of the Tour, the Tour Operator may not give any of the above options.
11.3 The Tour Operator may not give any of the above options in the event that the Tour Operator determines a change to the purchased Tour is not a Material Change. Please note that a change to activities, or a change of accommodation to another of the same or higher standard usually qualifies as a minor change.
12. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
12.1 The Tour Operator shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Tours as expected for any Unavoidable or Extraordinary Circumstance.
12.2 An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Tour Operator or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of the Tour Operator or sub-contractors.
12.3 Customers are advised to ensure they have appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.
13. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
13.1 Nothing in this section shall exclude or limit our liability where it is not possible to do so under applicable law. Your statutory rights as a consumer remain unaffected.
13.2 Except as set out in the Contract, the Tour Operator accepts no liability for any claims, losses, expenses, damages or liability for the Tours, except in cases of our fraud or involving death, injury or illness where the Tour Operator has caused such damage with negligence.
13.3 If you have any complaint or claim, you must raise this with us in writing within 30 days of the end of your Tour. The limitation period begins on the day on which the Tour should end, based on the Contract.
13.4 The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); and The Berne/Cotif Convention (with respect to rail travel). You can ask us to provide you with copies of these Conventions. Additionally, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage.’ You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your Contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
13.4 “Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by the Tour Operator or its representatives in arranging, selecting or booking any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representatives of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras. You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
14. ACCESS TO WEBSITE
14.1 Without affecting any other right or remedy available to it, the Tour Operator may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.
15. IMAGES AND MARKETING
15.1 The Customer agrees that, while participating in any of the Tours, photos or videos may be taken by other Tour participants that may contain or feature you or your likeness. The Tour Operator is not responsible for photos or videos taken of you by other participants with or without our knowledge.
15.2 The Customer agrees that, while participating in any of the Tours, photos or videos may be taken by the Tour Operator or its representatives that may contain or feature you or your likeness. You consent to any such pictures or videos being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce and use such pictures or videos for any purpose, including for marketing and promotions, in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation on the Tour Operator or compensation payable to you.
16. TOUR CONTRACTS
16.1 When you make your booking you will be provided with information from the Tour Operator on the travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included. The location, main features (including any visits or excursions) and, where applicable, tourist category of the accommodation under the rules of the country of destination will also be included.
16.2 Where the exact time of departure and return is not determined at the time of booking, the Tour Operator will give an approximate time of departure and return.
16.3 Some meals will not be provided as part of a Tour unless otherwise specified on the itinerary in relation to the Tours you have booked.
16.4 Only the experiences and related events, goods and services which you are informed about on the Website and in your booking confirmation are included in the price of the Tour.
16.5 All Tours will be provided in English unless otherwise specified.
16.6 The Tour Operator’s contact details are set out on the Front Sheet and may be updated from time to time.
16.7 When you book you will be given the total price of the Tour inclusive of taxes and, where applicable, of all additional fees, charges and other costs. If those costs cannot reasonably be calculated in advance of the time of booking, an indication will be given of the type of additional costs which may have to be paid by you.
16.8 If there is a minimum number of persons required for the Tour, the Tour Operator may cancel the booking if this requirement is not satisfied.
16.9 The Tour Operator provides general information on passport and visa requirements on the Website where relevant.
17. TRANSFERRING A SERVICE TO ANOTHER TRAVELLER
17.1 The original traveller shall give the Tour Operator notice of the transfer, in writing to the email address in the Front Sheet, at least 7 days before the Tour starts;
17.2 The Tour Operator shall inform the Customer of any additional fees, charges or other costs arising from the transfer of the Contract and providing details of those costs (which will relate to the cost of making the transfer); and
17.3 the original and new travellers must agree to be jointly and severally liable for the transfer costs and the new travellers must agree to the terms of the Contract.
18. GENERAL
18.1 Assignment and other dealings. The Tour Operator may transfer its rights and/or obligations under any Contract to another organization.
18.2 Variation. The Tour Operator may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
18.3 Waiver. If the Tour Operator does not insist immediately that you do anything you are required to do under these Conditions or the Contract, or if the Tour Operator delays in taking steps against you in respect of your breaking a term in these Conditions or the Contract, this does not mean that you do not have to do those things and it will not prevent the Tour Operator from taking steps against you at a later date. For example, if you miss a payment and the Tour Operator does not chase you and/or we continue to provide the Tour, we can still require you to make the payment at a later date.
18.4 Validity. If a court finds any part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Governing law. The Contract and these Terms are governed by the laws of Ontario, Canada and you submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute under these Terms or concerning any Tour.