Terms & Conditions

THESE TERMS & CONDITIONS (“Terms”) govern the relationship between Lindsay Nemeth, c.o.b. RED CAMELLIA, her affiliates, employees and independent contractors (“RED CAMELLIA”), and customer, and anyone for whom customer requests RED CAMELLIA book travel services (“others on the Booking”).

The Travel Services
RED CAMELLIA books travel services, including flights, accommodation and tours, on behalf of customer and others on the Booking and all obligations and liabilities with respect to the travel services are those of customer and others on the Booking.
The travel services booked for customer and others on the Booking are set out on the Itinerary (the “Booking”).

Duties and Recommendations of RED CAMELLIA
‍RED CAMELLIA sources travel services based on information provided by customer for use by customer and others on the Booking.

RED CAMELLIA directs the attention of customer and others on the Booking to the terms and conditions of the suppliers of the travel services being arranged for the customer and others on the Booking, including airlines, trains, bus lines,
cruise lines, hotels and tour operators, because those terms and conditions govern the contracts that customer and others on the Booking, will have with the travel service suppliers and affect their rights and obligations. Those terms and conditions are located on the websites and/or in the brochures of the suppliers of the travel services. Any questions about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier.

RED CAMELLIA strongly recommends that customer and others on the Booking, purchase travel insurance, including trip cancellation, trip interruption, baggage and medical coverage.

RED CAMELLIA is not responsible for any travel arrangements made by customer or others on the Booking directly with any supplier of travel services and RED CAMELLIA is not liable for any costs, fees or damages incurred by customer or others on the Booking in relation to any such travel arrangements. RED CAMELLIA cannot assist customer or others on the Booking with cancellation or changes of any travel arrangements made by customer or others on the Booking directly with any supplier of travel services. Any cancellation or change of any travel arrangements made by customer or others on the Booking directly with any supplier of travel services that affects the use of travel services of customer or others on the Booking made by RED CAMELLIA is not the responsibility of RED CAMELLIA and RED CAMELLIA is not liable for any costs, fees or damages incurred by customer or others on the Booking as a result of
any such cancellation or change.
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Duties & Acknowledgements of the Customer
Customer and others on the Booking must review and verify all details set out on the Booking and any other itineraries and/or invoices immediately on receipt and must immediately advise RED CAMELLIA of any errors or omissions.

Customer must provide a copy of these Terms and any changes to these Terms to others on the Booking before asking RED CAMELLIA to book any travel services.

Customer acknowledges that customer and others on the Booking, have been directed to review the terms and conditions of the suppliers of the travel services included in the Booking, including airlines, trains, bus lines, cruise lines, hotels and tour operators, including baggage allowances, check-in times, age and height restrictions and advised that any questions customer and others on the Booking have about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier.
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Customer and others on the Booking are responsible for complying with all customs, rules and procedures of the travel suppliers and failure to comply with all travel supplier customs, rules and procedures may result in customer or others on the Booking being removed from the premises and/or refused future use of the travel services.

Customer acknowledges that RED CAMELLIA has recommended that customer and others on the Booking buy travel insurance and customer confirms that customer has advised others on the Booking of that recommendation to buy travel insurance. Customer acknowledges that some countries will refuse entry if customer or others on the Booking do not have proof of travel insurance including medical coverage.
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Customer and others on the Booking, are responsible for ensuring that they have all necessary travel documentation, including a passport (valid until 6 months after the expected return date), visas, parental consents to travel with minors required by any destination to which they are travelling or through which they will transit and pardons with respect to any criminal conviction.

Customer and others on the Booking acknowledges that even with possession of the required documentation and information entry may be refused into another country at either the point of departure or arrival.

Customer and others on the Booking acknowledges that the destination(s) to which they are travelling may have living standards and practices and standards and conditions with respect to the provision of utilities, services and
accommodation, that may differ from those in Canada.

Customer shall be responsible for notifying RED CAMELLIA of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of customer and3others on the Booking, at the time of making the Booking. RED CAMELLIA will make travel suppliers aware of such requests and customer shall be responsible for any additional costs for such requests, however RED CAMELLIA shall not be responsible for any failure by the travel suppliers to provide such services.

Customer and others on the Booking acknowledges that a credit card is required for each room at the time of check in at a hotel and a preauthorized amount will be held by the credit card company in favour of the hotel until check out to cover any damages and/or incidental amounts charged by customer or others on the Booking during the stay. Customer and others on the Booking also acknowledges that failure to present a valid credit card and permit the preauthorized amount to be charged to the credit card will result in the reservation being cancelled by the hotel.

Customer and others on the Booking acknowledges that most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture, or environment. While this is not a common practice, customer confirms that s/he has made others on the Booking aware that it is a possibility. This process includes the following: (1) spraying the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treating the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information customer can visit the U.S. Department of transportation website at: https://www.transportation.gov/airconsumer/spray.

RED CAMELLIA shall not be liable for any damage or loss suffered by customer or others on the Booking, including the inability to use any of the travel services, as a result of failing to comply with the duties and acknowledgements in this section.

Flight Details and Changes
Travel documents contain conditions of carriage which limit the airlines’ liability under international conventions and agreements. Any complaints concerning flights should be made to the airline concerned. RED CAMELLIA reserves the right to substitute alternate airlines and aircraft types and to add en-route stops at its discretion with or without notice to customer or others on the Booking.

Customer and others on the Booking should confirm all flights at least 48 hours before departure and flight departure time at least 24 hours before the scheduled departure time. If a flight delay is announced at the airport, it may not be possible for the airline to provide accommodation or meals during the delay. If a delay is related to weather, traffic, or another Force Majeure condition, any expenses incurred by customer and others on the Booking will be the responsibility of customer and others on the Booking. RED CAMELLIA is not responsible for additional expenses, lost income or any other consequential damages as a result of changes to flight times or missed vacation time. If customer or others on the Booking only purchases airfare from RED CAMELLIA, it is customer and others on the Booking responsibility to leave a contact number at destination with RED CAMELLIA so that contact can be made in case of a flight change.

If customer or others on the Booking is booking connecting flight(s) customer and others on the Booking should allow at least 3 hours and preferably overnight between the connecting flight and any charter flight that is part of a tour. All such connecting flight reservations are made at the risk of customer and others on the Booking and customer and others on the Booking agree to assume the cost of any loss in the event of a change to the original flight schedule.

At the Airport Seats are allocated on a first-come, first-served basis unless customer or others on the Booking have pre-purchased seating allocation. Customer and others on the Booking should arrive at the airport at least 3 hours prior to flight departure. Check-in closures vary and all passengers must be present for check-in. Due to enhanced security, customer and others on the Booking should check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Neither customer nor others on the Booking will be allowed to board or obtain a refund if customer or others on the Booking have not checked in prior to flight departure. Airlines reserve the right to deny boarding to any passenger they deem to be in an unfit condition to fly.

Customer and others on the Booking must check booking documents or the airline for details about baggage allowance and updated baggage regulations. Additional charges will apply to baggage in excess of the weight allowance. Any lost, delayed, or damaged baggage is the responsibility of the airline. If baggage is delayed at destination or upon return home, customer or others on the Booking must contact the airline representative before leaving the airport. If customer or others on the Booking fail to notify the airline representative before leaving the airport any claim will be invalidated. The handling of baggage is performed by an independent contractor over which RED CAMELLIA has no control. RED CAMELLIA is not responsible for the loss or damage to baggage or any other possessions, and it recommends customer and others on the Booking purchase insurance to cover this type of loss.

Additional Charges for Services
Charges may apply to inflight services, hotel stays, cruises and tours, including internet connection, entertainment, gratuities, food and drink services.

Price of Travel Services
Prices quoted by RED CAMELLIA for travel services are based on information provided to it by travel suppliers, include all applicable taxes and are subject to change according to travel supplier terms and conditions. Prices quoted by RED CAMELLIA do not include any departure tax charged by a country/state/province included on the Booking.

Payment for Travel Services, Service Fees and Non-refundable Amounts
Customer is responsible for payment of all travel services booked for customer and others on the Booking. Customer is responsible for payment of all service fees. Customer is responsible for payment of all planning fees. Planning fees are non-refundable regardless of whether the travel services are supplied or used and regardless of why the travel services are not supplied or used.

Service fees (set out in Schedule “A” to these Terms) are due on the date the travel services are booked and are non-refundable regardless of whether the travel services are supplied or used and regardless of why the travel services are not supplied or used.

RED CAMELLIA shall advise customer of dates when payments are due and failure to make payments when due may result in cancellation of the travel services, which will be considered Cancellation by Customer (see “Change or Cancellation by Customer” below) and all travel supplier and RED CAMELLIA cancellation fees and penalties will apply.

Customer represents to RED CAMELLIA that customer has the authority to use any credit card the details of which customer provides to RED CAMELLIA without presenting the actual card to RED CAMELLIA. Customer authorizes RED CAMELLIA to use any credit card the details of which customer provides to RED CAMELLIA to pay for travel services and service fees for customer and others on the Booking and to make those payments to RED CAMELLIA or a travel service supplier as directed by RED CAMELLIA. Customer and others on the Booking agrees not to make a claim for a chargeback on any credit card the details of which customer provides to RED CAMELLIA in relation to any service fee or non-refundable deposit.

Compensation payable to the RED CAMELLIA
In addition to the service fees for the services provided by RED CAMELLIA (set out in Schedule “A” to these Terms), RED CAMELLIA will be entitled to payment from travel service suppliers as agreed between it and those suppliers, in relation to all travel arrangements made for customer and others on the Booking.
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Service Fee in case of Cancellation
If a travel service is cancelled, by customer or others on the Booking, and a full refund is provided by the supplier to the customer or others on the Booking, customer and/or others on the Booking shall pay RED CAMELLIA a service fee equal to 10% of the total cost of the travel service. If the refund is paid to RED CAMELLIA by the supplier, customer and others on the Booking authorise RED CAMELLIA to deduct an amount equal to 10% of the total cost of the travel services from the funds received from the supplier as the service fee.

Change or Cancellation by Travel Service Supplier
The travel services are typically sold well in advance of travel dates and sometimes they are modified or not available. Most often changes to the travel services will be minor, however a travel supplier may make a more significant
change, for example a change of time of departure or return by more than 24 hours; change of the standard of the accommodation; increase in the cost of the travel services; or an error in price. In these circumstances the rights of
customer and others on the Booking, shall be governed by the terms and conditions of the travel supplier and these Terms.
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Change or Cancellation by Customer
Customer must make any change or cancel a booking for customer or others on the Booking, with RED CAMELLIA and not with a travel supplier.

Change(s) and cancellation(s) of any travel arrangements by customer or others on the Booking, will be subject to the change/cancellation policy(s) applicable to the travel service in question and these Terms.

In the case of a change by customer or others on the Booking, additional service fees will apply (set out in Schedule “A” to these Terms), and penalties provided for in the travel supplier(s) terms and conditions and these Terms will apply.

In the case of a cancellation by customer or and others on the Booking, additional counselling fees may apply (set out in Schedule “A” to these Terms), and penalties and non-refundable amounts provided for in the travel supplier(s) terms and conditions and these Terms will apply.

Privacy
RED CAMELLIA will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information. In particular, it will:
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1. Protect personal information held by it.
2. Identify the purpose of its collection and how it will be used.
3. Use the information collected only for the stated purpose.
4. Ensure that the information is accurate, complete and up to date.
5. Protect the information against loss or theft.
6. Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.

Waiver of Rights
RED CAMELLIA has advised customer that because of the worldwide effects of COVID 19 RED CAMELLIA cannot provide any assurance about conditions in any location, the methods used in any location to manage COVID-19, the services or amenities available in any location, or the effects of COVID-19 on any of the travel services. Knowing these conditions and having been given this warning by RED CAMELLIA, customer, on customer’s own behalf and on behalf of others on the Booking, acknowledges that use of the travel services has significant inherent risks and that customer and others on the Booking agree to waive any and all rights s/he/they may now have or may have in the future against RED CAMELLIA for any damages, actions, causes of action, proceedings, suits, debts, dues, covenants, contracts, claims and demands as a7result of any adverse circumstances caused by or arising from the use of the travel services, including those related to delay, interruption or cancellation of some or all of the travel services, causing customer and/or others on the
Booking, to have to remain in transit or stay at a location for longer than anticipated, all at the expense of customer or others on the Booking.

Indemnification by Customer
Customer undertakes and agrees to defend and indemnify RED CAMELLIA and hold RED CAMELLIA harmless, at customer’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that RED CAMELLIA may sustain or incur by reason of:
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(a) any breach of these Terms by customer or others on the Booking;
(b) anything stated by customer to others on the Booking that is contrary to any of these Terms or Schedule “A” hereto or the terms and conditions of any travel supplier;
(c) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by customer or any one or more of the others on the Booking;
(d) a claim, demand, suit, etc. made by one or more of the others on the Booking;
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(e) a claim by a credit card company or other third party dealt with by the RED CAMELLIA in relation to the booking of travel services for customer or others on the Booking, including any charge back request by customer or others on the Booking or credit card issuer.
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Customer’s obligations in this section shall continue in force after the use of the travel services by customer and others on the Booking.
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Changes to these Terms
RED CAMELLIA may make changes to these Terms from time to time and all changes shall be binding on customer and others on the Booking from the date on which the change is brought to customer’s attention.

RED CAMELLIA’s Responsibility
RED CAMELLIA arranges travel services with independent third parties, such as airlines, hotels, bus companies, tour operators, baggage handlers and other independent suppliers to provide customer and others on the Booking, with the travel services purchased. RED CAMELLIA exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, RED CAMELLIA does not control these independent suppliers and cannot be held responsible for their performance or lack of performance.

RED CAMELLIA is not responsible for any injury, loss or damage whether mental, emotional or physical however sustained, resulting or arising from any error, omission or negligence of any company or person, RED CAMELLIA, employee or subcontractor supplying any of the travel services.

RED CAMELLIA is not responsible for consequential damages or special damages suffered by customer or others on the Booking, even in circumstances in which RED CAMELLIA is aware of the reason customer or others on the Booking are using the travel services, including circumstances in which customer or others on the Booking arrive at a destination later than expected and/or are unable to attend an event/excursion, whether the event/excursion is included in the price of the Booking or not.

Neither customer nor others on the Booking shall have any claim against RED CAMELLIA by reason of customer or others on the Booking failing to purchase travel insurance or because customer failed to advise others on the Booking to purchase travel insurance.

Limitation of RED CAMELLIA’s Liability
RED CAMELLIA’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to RED CAMELLIA by customer or others on the Booking, in relation to which any claim by customer or any one of others on the Booking, is made.

Force Majeure
In no event shall RED CAMELLIA be liable for any failure to perform RED CAMELLIA’s obligations or delay in performing RED CAMELLIA’s obligations where such failure or delay is due to events beyond RED CAMELLIA’s control which prevents or delays the performance of RED CAMELLIA’s obligations, including without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services. In any such circumstance, in which RED CAMELLIA is prevented or delayed in the performance of its obligations, RED CAMELLIA shall not be obliged to return any amount paid by customer or others on the Booking.

Customer acknowledges that RED CAMELLIA, on behalf of customer and others on the Booking, will forward funds to independent third-party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded. Where a force majeure event has occurred, performance of RED CAMELLIA’s obligations shall be suspended for the duration of the force majeure event, and RED CAMELLIA shall perform RED CAMELLIA’s obligations only when it is possible to do so.

In any event, the liability of RED CAMELLIA arising out of force majeure event shall not exceed amounts paid by the customer or others on the Booking, directly to RED CAMELLIA, and RED CAMELLIA shall not be liable for any consequential or indirect damages or legal costs incurred by any party.

General Provisions
NOTICE
Notice may be provided either in writing, to the last address provided by the customer/RED CAMELLIA, delivered by hand, or by email or other electronic
method, in which case it will be effective only when it acknowledged by the other party.
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PARTIAL VALIDITY
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
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MODIFICATION
These Terms may be modified by the RED CAMELLIA at any time.
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LAW GOVERNING TERMS
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario.
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FORUM FOR DISPUTES
The courts of the City of Toronto shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms.
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SUCCESSORS AND ASSIGNS
These Terms shall be binding upon and shall insure to the benefit of the customer and others on the Booking/RED CAMELLIA and their successors,
assigns, administrators and executors.
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COMPLETE UNDERSTANDING
These Terms represent the complete understanding of the customer/RED CAMELLIA with respect to the booking of the travel services and specifically
exclude any representation made that is not included in these Terms.
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WAIVER
No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provision(s), whether or not similar, nor shall any
waiver constitute a continuing waiver.‍