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Terms and Conditions

**THE FOLLOWING CONTAINS IMPORTANT LEGAL TERMS.

IT IS YOUR RESPONSIBILITY TO READ THE BELOW CAREFULLY**

 

Effective from January 2025.
These Terms and Conditions (the “Terms”) are important as they, together with your booking confirmation email and/or invoice, set out the legal terms on which Travel Services are made available to you through Wingbuddy Inc.’s (“Wingbuddy”, “we”, “us”, or “our”) Service.  They also cover any interactions or communications you have with us through our Service.  By booking Travel Services through us, you agree to be bound by these Terms.  

BY USING OUR SERVICE TO BOOK TRAVEL SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND (B) ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE OUR SERVICE OR BOOK A TRAVEL SERVICE. 

We may change these Terms at any time and your future use of our Service following changes to these Terms is subject to you accepting those updated Terms. We recommend that you save or print a copy of these Terms. 

Section 11 of these Terms contains dispute resolution provisions and a class action waiver that apply to all claims brought against us. Please read them carefully. 

  1. Definitions.  In these terms:

  2. “Service” refers to the provision of our websites, applications, and online tools. 
  3. “Travel Provider” refers to the travel supplier making available the Travel Services to you through our Service, such as hotels, airlines, cruises, car rental companies and tour operators. 

  4. “Travel Services” refers to the travel services made available to your by the relevant Travel Provider(s) through our Service, such as stays at properties (hotels, resorts, etc.), flights, ground transportation (bus, train, car, etc.), car rentals, airport-hotel transfers, cruises, restaurants, as well as excursions and other activities included in your package.   

  5. “You” refers to you, the traveler, using our Service or making a booking with our Service. 

  6. Rules and Restrictions.  

    1. In addition to these Terms, you agree to abide by the terms and conditions imposed by Travel Providers with whom you elect to deal, including, but not limited to, an airline’s conditions of carriage, a property’s terms and conditions, and a car rental company’s rental agreement, as well as those based on the destination you have selected. 

    2. To make a booking, you must accept the terms and conditions of the Travel Provider that you select (such as payment of amounts due, refundability, penalties, availability restrictions and use of fares or services, etc.), which will be provided to you before you make a booking and are incorporated into these Terms by reference. If you violate a Travel Provider's Rules and Restrictions, your booking may be cancelled and you may be denied access to the relevant Travel Service. You may also lose any money paid for such booking and we or the Travel Provider may debit your account for any costs we or they incur as a result of such violation.

  7. Using our Service.  

    1. Depending on the nature of each sale, Wingbuddy may act as a wholesale tour operator or tour agency.  Wingbuddy does not own, manage, control or operate any aircraft, ground transportation, hotel, resort, cruise ship, restaurant or other suppliers associated with the assembly of your package of Travel Services. 

    2. Wingbuddy uses third party content on its website to provide detailed information from its various Travel Providers of Travel Services. We make every effort to ensure that the information described online is current and accurate, and updates are posted on our website when new information is made available. However, Wingbuddy cannot be responsible for any inaccuracies or omissions contained therein. Third party information contained on our website is provided as a guideline only.

    3. Redirection and Third-Party Booking Services.  If you are redirected from our Service to a third-party booking service (such as for payment verification and travel insurance) to make a travel booking, please bear in mind that any bookings made through such a booking service will be with the third-party and not with us. We are not responsible for bookings made through third-party booking services and we have no liability to you in respect of such a booking. The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you. 

    4. Booking Confirmations.  All booking documentation is issued in electronic format.  You will receive communication via e-mail which can include attachments containing but not limited to your Flight Itinerary, etickets, and travel voucher(s) pertaining to your hotel reservations and/or excursions. Attachments should be read, printed and/or saved, and kept as a reference. 

    5. Travel Agents.  If you are using a travel agent to book Travel Services through our Service, you must inform the travel agent of you intentions, expectations and needs before your travel reservations are completed (i.e., your booking is confirmed). 

  8. Travel Requirements.  

    1. Your Information.  Wingbuddy is not responsible for any inaccurate or misspelled names or birthdates, which you must confirm and verify at the time of booking Travel Services through our Service. 

    2. Documentation.  

      1. It is your responsibility, for yourself and any others (children or adults) traveling with you, to obtain information, to have all the required documentation to travel (such as passports, visa where applicable, etc.) in your possession and meet all entry or transit requirements for each country on your itinerary.  Note that the documents or other requirements for the outbound portion of your travel may differ from those required for the return.  Along with the standard travel documents needed to enter Canada or the USA, additional requirements may be imposed, including additional documentation, depending on your country of origin.  We monitor the travel advisories for both the Canadian and US governments. 

      2. Wingbuddy is not responsible for missing or incorrect documentation or your failure to meet the necessary entry or transit requirements (including, without limitation, requirements regarding documentation for connecting flights, cruise ships and ferries).  Failure to meet the necessary requirements, such as presenting proper travel documents, will result in (i) a denial of boarding and (ii) automatic cancellation of your reservation without refund.  For more information on documentation required for a trip, including detailed information on country-specific passport, visa and health requirements, please visit the websites listed below, or contact the embassy, high commission or consulate of each country on your itinerary.  We strongly recommend you obtain information regarding mandatory travel documentation prior to booking a trip.  

IATA Travel Centre 

Sherpa 

  1. Passengers must have a valid passport when traveling by air or by sea to, from, and via most countries. By booking Travel Services through our Services,  you agree you’re your passport is valid for at least six (6) months from conclusion of your Travel Services (i.e., end of your travel).  Wingbuddy is not responsible for any denial of Travel Services (such as denial of boarding), damages, losses, or other issues you may experience if you book Travel Services through our Services and your passport is not valid for at least six (6) months from the conclusion of the Travel Services.

  1. Payment.  

    1. Pricing.  

      1. Price and Currency.  The price of the Travel Service(s) will be displayed on our Service at the time of booking, except in cases of obvious error, and will be in the currency indicated on our Service.  The price will also be shown on your invoice, and you are responsible for confirming all information shown on the invoice upon receipt.    

      2. Cancellation Due to Pricing Error.  If the price of Travel Service(s) is displayed incorrectly on our Service, we reserve the right to notify you of the error within a reasonable delay and cancel your reservation at the incorrect price.  In such case, we will issue a refund of all payments received for such reservation immediately upon cancellation of the reservation. 

      3. Pricing Changes.  Prices for Travel Services are dynamic and can change at any time. Price changes will not affect bookings already accepted, except in cases of obvious error.  Prices or information could be different on your next website visit or session.  We display many Travel Services, and we try hard to ensure that the displayed price is accurate. We reserve the right to correct any pricing errors on our Service. 

      4. Price Inclusions. The price only includes the Travel Services specifically listed on your booking at the time of purchase.  Please refer to your specific Travel Services package for inclusions. Anything that is not specifically identified on your booking at the time of purchase is excluded from the price. It is your responsibility to consult your booking documents.  Should you have any questions or concerns about pricing (including inclusions or exclusions), please contact Wingbuddy prior to any payment. 

      5. Price Exclusions.  

        1. Most Travel Services packages are subject to extra charges that are not included in Wingbuddy’s pricing.  For example, you will be responsible for any supplementary services purchased at your destination(s).  Some additional charges you may encounter include, without limitation, the following: 

          1. Unless otherwise stated to be included in the Travel Services package: (i) any costs incurred to and/or from the destination, (ii) meals and/or alcoholic beverages, and (iii) local excursions at your destination;

          2. Telephone calls, data usage, or Wi-Fi charges; 

          3. Tips or service gratuities; 

          4. Laundry; 

          5. When booking a car rental, any car rental fees, insurance and taxes billed at destination by the car rental Travel Provider;

          6. Items of a personal nature and/or personal services (such as spa services); 

          7. Local and city taxes; 

          8. Hotel facility and administrative fees, hotel transfers, and departure taxes; 

          9. Checked or carry on bags on some flights; 

          10. Additional fees that my apply for sports equipment aboard transfer vehicles; and

          11. Any other item not explicitly stated as being included at the time of booking. 

    2. Schedule.  

      1. Deposit.  A deposit must be made at time of booking, which typically equals fifty percent (50%) of the total Travel Services package price. If your booking date is less than ninety (90) days prior to your departure date (or one-hundred and twenty (120) days for cruise Travel Services), there is no deposit and payment for the total cost of the Travel Services package must be made at the time of booking.

      2. Full Payment.  

        1. The remaining balance is due at the date stipulated when you reserved, typically ninety (90) days prior to departure (one-hundred and twenty (120) days for cruise reservations). Your final payment will be automated by our sales team at the time of booking, or, if specific mention has been made to skip automated payment, you must utilize the payment link included in your booking confirmation email prior to the date the final payment is due (as stated in the email). Please have your booking confirmation number handy.  

        2. Wingbuddy reserves the right to cancel your booking if full payment is not received by the scheduled due date. Unless you or your travel agent is notified in writing that your booking has been automatically canceled due to insufficient payment (as detailed below), your booking remains confirmed and full payment is due as per Wingbuddy's schedule.  

      3. Cancellation Due to Insufficient Payment.  Should you fail to pay the remaining balance (i.e., final payment) by the date such payment is due, Wingbuddy will use best efforts to contact you (e.g., twice) to resolve the payment delinquency.  If unsuccessful, your booking will be automatically cancelled at Wingbuddy’s sole discretion due to insufficient payment.  Should your booking be cancelled due to insufficient payment, your deposit will not be refunded nor credited. 

      4. Waiver of Chargebacks.  If you are paying by credit card, you understand and agree that in the event of cancellation you will be bound by the cancellation policies contained herein these Terms, and will waive your right to a chargeback, except in the case of fraud.  If you do request a chargeback that we then have to dispute, you will be liable for all of our costs including a minimum fee of $98 for each instance, including reasonable attorneys’ fees.

    3. Payment Processing.  

      1. Method.  

        1. Your use of your credit card to pay the deposit and final payment indicates your acceptance of and compliance with these Terms, regardless of whether you authorized our use of the credit card verbally over the phone, online or in-person.

        2. The cardholder is responsible for all charges at the time of booking. 

        3. When payment is take at the time of your booking and paid for in the applicable currency, we will take that payment via one of our third-party payment processors.  

        4. By authorizing and submitting payment to book Travel Services, you authorize our third-party payment processors to (i) verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other verification means, and (ii) upon verification, charge your payment method.  

      2. Privacy Policy.  Please see our Privacy Policy for more information on our practices with respect to collection, use, and retention of your payment information.    

    4. Taxes.  

      1. The prices displayed through our Service may include estimated taxes or tax recovery charges, such as amounts associated with goods and services tax, local and city tax, occupancy tax and other taxes of a similar nature.  While such tax amounts may be shown on our Services, taxes are estimates and are not included in our Travel Services pricing.  Taxes will be your responsibility with the applicable Travel Provider in your destination.  

      2. In certain jurisdictions, you may be responsible for paying local taxes imposed by local tax authorities (such as city taxes or tourist taxes, etc.). The applicable Travel Provider may charge you such local taxes. We will make best efforts to notify you of any local taxes that will be payable by you before you complete your booking (as estimates on our website), where the Travel Provider has notified us of such taxes.  The amount of local taxes can change between the booking date and stay date.   If taxes have changed by your stay date, you will be responsible for paying taxes at the rate then in effect.  Such taxes are payable in local currency prior to your departure.  Please refer to the relevant government authorities of your destination for more information on applicable taxes.  

    5. Fees Charged by Banks.  

      1. Some banks and card issuers impose fees for international or cross-border transactions. For example, if you make a booking using a card issued in a different country from the applicable Wingbuddy location, your card issuer may charge you an international or cross-border transaction fee. 

      2. In addition, some banks and card issuers impose fees for currency conversion. For example, if you make a booking in a currency different to the currency of your credit card, your card issuer may convert the booking amount to the currency of your credit card and charge you a conversion fee.

      3. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank or card issuer. Wingbuddy is not associated or responsible for any fees relating to varying exchange rates and card issuer fees.

    6. Changes to Travel Services After Booking.  

      1. Changes are generally not possible or permitted after a booking has been made and confirmed.  In the rare circumstances that we are able to accommodate a change to the Travel Services, an administrative fee will apply in an amount based on the nature of the changes and the destination you have booked, starting at ninety-eight dollars ($98) per passenger. 

      2. In addition to the administrative fee mentioned above, you are responsible for any difference in price resulting from the changes to your Travel Services after booking, including, without limitation, a price difference due to a change in airfare and a higher room rate due to a change to room occupancy.

      3. Refunds will not be issued for any difference on a lower price alternative.

      4. Change requests should be made solely through Wingbuddy. If you contact any Travel Provider directly to request a change to your Travel Services, you must notify Wingbuddy of such changes immediately (no later than one (1) calendar day).   

      5. Requests for changes to a name of a traveler on a booking reservation may be denied due to hotel or airline specific terms and conditions.  

      6. No changes can be made to any train reservations. Any changes made will be treated as a cancellation and all applicable cancellation fees will apply. 

      7. Wingbuddy may be required to modify your booking in cases where reserved accommodations may no longer be available for reasons such as, but not limited to, unexpected maintenance, hotel overbooking or other reasons outside of Wingbuddy's control. In such cases, Wingbuddy will notify you about any issues with your reserved accommodations and provide substitute accommodation of equal or greater quality (based on category of accommodation).  

    7. Cancellations.  

      1. Cancellations by You.  All payments received by Wingbuddy are one-hundred percent (100%) non-refundable.  Should you wish to cancel a confirmed booking, no refund or credit of any money tendered to Wingbuddy for your booking will be made.  Cancellations fees are considered liquidated damages to compensate Wingbuddy for prepayments made on advance booking of Travel Services and for administrative costs involved in processing a cancellation. 

      2. Cancellations by Wingbuddy.  

        1. Wingbuddy may cancel your booking if full payment for the booking, or any applicable change charge or fee to a booking is not received when due. 

        2. If the price of a Travel Service is displayed incorrectly on our Service, we reserve the right to cancel the reservation at the incorrect price within a reasonable delay and a refund of the monies will be processed immediately

        3. For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by the Travel Provider or us.  If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance where possible or a refund.

      3. Refunds.  

        1. Unless otherwise stated in these Terms, no payments made to Wingbuddy are refundable.  

        2. Airfare costs continually fluctuate and many tours have limited capacity impacting our Travel Services package prices and availability.  Therefore, no refund will be granted if a lower sale price is advertised after a reservation is confirmed. 

        3. No reimbursements, refunds, or credits will be issued for unused Travel Services or any component of the package. 

        4. Refunds are not granted for bookings cancelled by a customer due to inclement weather or illness or any other situations beyond Wingbuddy's control; these must be claimed through your travel insurance.  Notwithstanding, Wingbuddy does not guarantee any refund will be available or made by your travel insurance. 

    8. Fraud.  

      1. If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.  

      2. If we reasonably conclude that a booking or account is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, we may (i) cancel any bookings associated with your name or email address and (ii) take legal action, including to seek to hold you liable for any loss. 

  2. Insurance.  Prices displayed do not include travel insurance.  However, you may be shown certain travel insurance products on our Service, including details of the insurance provider, relevant key information, and terms and conditions.  Wingbuddy strongly recommends you have sufficient travel insurance for all your coverage needs, including, but not limited to, medical and cancellation insurance. When traveling to some destinations, all travellers (foreign and local) may be required to have a full medical insurance policy. Passengers are responsible for reviewing their plan options carefully and verifying that any travel insurance policy covers COVID-19 or other related health concerns.  Please refer to Sherpa for more information regarding insurance requirements for your destination(s). 

  3. Promotional Offers.  

    1. You understand and agree that we have the right to contact you about your Services and any other marketing offers that we may offer.  By booking Travel Services through our Service or otherwise subscribing via our websites, you consent to being called and emailed by us about any marketing offers we may offer you.  Message and data rates may apply to any communication. This authorization will apply notwithstanding any prior placement on a do-no-call registry. 

    2. You may opt-out of receiving any marketing communications from us. This will not include opting out of non-marketing communications related to your Travel Services. You may request that we stop sending you marketing communications by (i) clicking unsubscribe in any promotional email received from us, or (ii) contacting us by phone at 1(855)-295-9200 or via email at [email protected].  

    3. Promotional offers may not be combined with any other special offers or discounts.

    4. Visit our Privacy Policy for more information about how Wingbuddy handles your personal information.

  4. Health.  You should check the recommended inoculations/vaccinations which may change at any time. You should consult your doctor before you depart. You are responsible for ensuring you: (i) meet all health entry requirements, (ii) receive all relevant/required inoculations/vaccinations, (iii) take all recommended medications; and (iv) follow all medical advice in relation to your travel.  

  5. Liability.  

    1. We own and operate our Service and the Travel Providers provide the Travel Services to you.  Wingbuddy enters into contracts with hotels and air, land, or water transportation companies, but all such entities are owned and operated by independent contractors. Wingbuddy is not responsible under any circumstances for any injury or damages you may suffer, in connection with air or ground transportation, hotel accommodations, or other Travel Services arranged by Wingbuddy. Furthermore, Wingbuddy and its third-party Travel Providers do not control and cannot be responsible for Force Majeure Events (as defined in Section 9(g)), your physical, medical or mental disabilities, and your failure to obtain valid travel documents or to follow travel instructions resulting in denied entry at destination or re-entry into your country of origin.  

      1. Certain exclusions may not apply in some jurisdictions.  If you have a claim or dispute with any of the Travel Providers, we will provide you with as much assistance as reasonably possible.  

    2. To the maximum extent permitted by law: 

      1. Wingbuddy will not be liable for: (i) any such Travel Services that the Travel Providers make available to you; (ii) the acts, errors, omissions, representations, warranties, or negligence of any such Travel Providers or their respective employees, representatives, and agents, and (iii) any personal injuries, death, property damage, or other damages or expenses resulting from the foregoing.  

      2. And subject to the limitations in these Terms, Wingbuddy will not be liable for any direct, indirect, punitive, special, incidental, or consequential losses or damages, whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Wingbuddy has been advised of the possibility of such damages, that arise from: (i) the Travel Services, (ii) use of our Service, (iii) any delay or inability to use our Service, and (iv) use of links from our Service.

    3. Except as expressly set out in these Terms, all information, software, or Travel Services displayed through our Service are provided without any warranty or condition of any kind.  This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and Wingbuddy disclaims all such warranties and conditions.  

    4. Wingbuddy is not liable for any cost or expense arising out of personal injury, accident or death, any loss, damage or delay of baggage and/or other property, or any inconvenience, loss of enjoyment, disappointment, distress or frustration, whether physical or mental, resulting from any of the following:

      1. The act or omission of any third party (including Travel Providers);

      2. Any costs or fees incurred due to relocation; 

      3. Sickness, theft, labor dispute, mechanical breakdown, quarantine, government actions, weather, or any other cause beyond Wingbuddy’s direct control;

      4. Your failure to obtain the documentation required for your trip, such as passports, visas, and certificates;

      5. Your failure to meet entry and transit requirements, including any requirements relating to COVID-19;

      6. Your failure to follow applicable Travel Provider instructions, rules, and requirements, including, without limitation, airport departure times, baggage handling, and check-in/check-out times; and

      7. Cancellation or change for any reason in the Travel Services offered (including but not limited to flight, accommodation, transfers and activities). We reserve the right to cancel or substitute travel services with a comparable alternative at our discretion, and Wingbuddy will advise you within a reasonable amount of time prior to departure of any such cancellation or change. If we must cancel your booking entirely, Wingbuddy's liability will be limited to a refund of all payments received by Wingbuddy for such booking.

    5. Claim Waiver. By booking Travel Services through Wingbuddy and its Service, you waive any claim against Wingbuddy, its affiliated and subsidiary companies, and their respective officers, directors, employees, contractors, and agents, for any loss of or damage to property or injury to any person caused by reason of (i) any defect, negligence, or other wrongful act or omission or any failure of performance of any kind by any airline, hotel, ground transportation, or other Travel Provider, (ii) any claim for inconvenience, loss of enjoyment, mental distress or other similar claim, (iii) any delayed departure, missed connection, substitute accommodation, termination of service or change in fares or rates, and (iv) overbooking, flight cancellation, lost or misconnected baggage, or any claim arising of the air transportation portion of any vacation package. Under no circumstances will Wingbuddy be liable for any special, incidental or consequential damages arising from the provision of Travel Services via our Service.  

    6. Travel Services Information and Ratings.  Some hotel room images on our promotional materials and our website do not depict the standard room category. Maps not to scale. Our hotel rating system is provided for your reference and may differ from other rating systems. We do not guarantee the accuracy of these ratings or that they are equal to other rating systems that you may be familiar with. We reserve the right to change a rating at any time with or without notice. Wingbuddy is not responsible for omissions or errors.

    7. Force Majeure Events.  Wingbuddy shall not be liable or responsible to you or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing its obligations, when and to the extent such failure or delay is caused by or results from acts beyond Wingbuddy’s control, including, without limitation, the following force majeure events: acts of God; flood fire, earthquake, or other natural disaster event, such as an epidemic; explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; government order, law, or actions; national or regional emergency; strikes, labor stoppages, or slowdowns, or other industrial disturbances; telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and other events beyond Wingbuddy’s control, including, without limitation, flight schedule changes (each a “Force Majeure Event”).  

      1. Confirmed bookings will not be eligible for a refund from Wingbuddy in the event of a Force Majeure Event.  Should such a Force Majeure Event occur and impact your booking, you must contact either your travel insurance or the Office de la Protection Du Consommateur will issue you a refund with respect to payments made to Wingbuddy for your booking.  At your request, Wingbuddy will provide you with assistance to obtain a refund from such third parties.  

      2. Should a major flight schedule change occur that would impact your confirmed booking, Wingbuddy will contact you and provide alternative flight options.  

        1. In the event you decline any such alternatives, Wingbuddy will provide a refund of payment received by Wingbuddy for such booking in an amount equal to the cost of the flight less an administration charge of $198, and the remainder of the payment received by Wingbuddy for such booking (if any) will be retained by Wingbuddy in the form of a credit which you may use to book future Travel Services within twelve (12) months from such date.  

        2. If the major flight schedule change occurs less than ninety (90) calendar days from your departure date, Wingbuddy will provide a refund of payment received by Wingbuddy for such booking in an amount equal to the cost of the flight less an administration charge of $198.  The remainder of the payment received by Wingbuddy for such booking (if any) will not be eligible for a refund nor a credit and will be solely retained by Wingbuddy. 

      3. Hurricane season in the North Atlantic is generally between June 1 and November 30. Other adverse weather conditions impact other parts of the world at various times of the year. Wingbuddy is not liable for the costs or other consequences that arise out of or result from any inclement weather conditions at any time and where Wingbuddy's contractual obligations with its Travel Providers does not allow for reimbursement of the sums paid to the Travel Providers.

    8. Travel Agent.  If you booked through your travel agent, your travel agent is responsible for providing information to you, examining and verifying all information, and ensuring that you understand all of the policies, fees and requirements to which you are subject. Any travel agent who makes a booking on your behalf acknowledges this responsibility.

  6. Indemnification.  By booking with Wingbuddy, you agree to defend and indemnify Wingbuddy and its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and Travel Providers from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (“Losses”), including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of (i) your breach of these Terms or the documents reference herein, (ii) your violation of any applicable federal, state, local, or international laws, rules, or regulations, (iii) your violation of any rights of a third party, and (iv) your use of our Service.  

  7. Governing Law and Dispute Resolution.  These Terms and any agreement to which they apply shall be governed in all respect by Canadian law.  We both agree that any dispute, claim, controversy, or other matter arising from or otherwise concerning these Terms will be addressed by the Office de la Protection Du Consommateur or other court of competent jurisdiction in Canada.  If any term or provision of these Terms is determined by the Office de la Protection Du Consommateur or a court of competent jurisdiction to be invalid or otherwise unenforceable, such holding will not affect the validity or enforceability of the remaining terms and provisions. You acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action or proceeding. 

  8. General Travel Service Terms.  

    1. Sports and Activities.  

      1. Liability Waivers. You acknowledge that some third-party Travel Providers offering certain Travel Services may require you to sign their liability waiver prior to participating in the Travel Service they offer. You understand that any violation of any such Travel Provider's rules and restrictions, which are available through the Travel Provider, may result in (i) cancellation of your reservation(s), (ii) being denied access to the applicable Travel Services, and/or (iii) forfeiture of any payments made for such reservation. Wingbuddy is not liable for any cost or fees incurred by such violation.

      2. Information regarding sports and activities in these Terms and on our Service is for information purposes only and is not meant to incite participation. Wingbuddy assumes no responsibility for any accident, damage of equipment, cost or expense arising from your participation in sports and/or activities on your trip.  

    2. Living Standards.  Living standards and practices at the destination and the standards and conditions with respect to the provision of utilities, services, religion, sanitary conditions, local practices, political system and accommodation may differ from those found in Canada or the USA.  

    3. Entry and Exit Requirements.  

      1. On your arrival in a foreign country, be prepared to prove that you have sufficient funds to support yourself during your intended stay and that you will be admitted to the next country on your itinerary.

      2. Some countries impose exit controls, which may include exit permits, proof of payment of local taxes if applicable, payment or sometimes very costly fines for visa overstays. In some countries, you must register with local authorities if you are not staying at a recognized hotel. Otherwise, your departure may be delayed, or you may be fined when you leave.

    4. Food, Water, and Beverages.  Change of routine, sun and/or food, water and beverages may be very different in other countries and may lead to health issues or illness. Customers are encouraged to take all necessary precautions. Wingbuddy assumes no responsibility for any claim, loss, damage, cost or expense arising from these conditions and any resulting health issues. Water interruptions/power outages may be experienced at times.

    5. Insects.  Insects may be found inside and outside of the hotel no matter the hotel chosen as part of the vacation package. Customers are encouraged to take all necessary precautions.

    6. Holidays, School Breaks, Elections, and Conventions.  Availability of some services and amenities may be limited during certain periods. These periods may include but are not limited to school breaks, spring breaks, religious holidays, elections and conventions. These periods vary by country and are controlled by local authorities. Wingbuddy assumes no responsibility for inconveniences customers may experience when traveling during one of these periods. 

    7. Beaches. Please note that the size and condition of the beaches can vary without notice due to various environmental factors including but not limited to adverse weather, presence of seaweed or sargassum.  

    8. Local Laws and Regulations.  You are responsible for ensuring you are aware of and comply with any and all applicable laws, regulations, policies and other obligations, restrictions, limitations, and practices that could be imposed within the territory or country where you may be traveling to, including during any transit to your destination(s)). 

    9. Special Needs.  Should you desire any special service or equipment to assist with a disability, you must notify us at the time of booking so we can advise the applicable Travel Provider(s), as services vary by Travel Provider. Although we will do our best to assist you, Wingbuddy does not guarantee the availability of wheelchairs at any airport.  Adapted transport for transfer at destination is at extra cost when available. Wheelchair accessible rooms may be requested but cannot be guaranteed.  You may need to provide advance notice and receive medical approval for air travel depending on the circumstance or medical condition.  Certain activities at the hotels may be inaccessible to persons of reduced mobility.  Standards vary by Travel Provider and country, may not be consistent with the standards required by laws in  your country of residence, and are not within the control of Wingbuddy. 

    10. Health.  

      1. Medication.  You are responsible for having all necessary medication to be authorized to travel in your carry-on luggage. In addition, you must ensure you are fit to travel and have consulted a qualified medical professional if necessary.  

      2. Vaccinations.  You are solely responsible for obtaining all required medical inoculations or vaccinations necessary for travel.  Applicable governmental authorities may require you to travel with certifications or documentation evidencing inoculations or vaccinations.  

    11. Pregnancy.  If you are pregnant, you must disclose your pregnancy to Wingbuddy at the time of booking. Any woman with a normal pregnancy and no previous history of premature labor may travel up to and including her thirty-sixth (36th) week on most airlines. Please refer to the local country guidance and Travel Provider requirements and restriction with respect to pregnancy. 

    12. Special Requests.  If you request special arrangements such as adjoining rooms/room locations, bedding requests, specific assistance or special meals, we will pass on your request to the Travel Provider on your behalf.  However, these requests may lie outside our contracts with our Travel Providers so we cannot guarantee special requests unless otherwise stated.  

  9. Travel Service Specific Terms.  This Section provides details of the terms relevant to the specific Travel Services provided by the Travel Provider. These details are not exhaustive and do not replace the relevant terms and conditions (including rules and restrictions), which are provided to you before you make a booking.  If there is any inconsistency between this Section and the relevant terms and conditions of the applicable Travel Provider, the Travel Provider’s relevant terms and conditions prevail.

    1. Cruises.  

      1. Registration.  Passengers must complete their online registration with the cruise Travel Provider in order to receive their electronic documents. Electronic cruise documents are generally issued between seven (7) and twenty-one (21) days prior to departure.  In order to simplify the boarding process and to comply with international security laws, all passengers are required to complete a passenger immigration/embarkation form, found on each cruise lines' website well in advance of your sailing date and prior to departure, which must be obtained at their own expense.  Passengers that do not complete the registration process at least seven (7) days prior to sail date will be required to be checked-in at the pier at least two (2) hours prior to the published sailing time or they will be denied boarding with no refund. In addition, failure to properly complete the online registration form in a timely manner will result in delayed receipt of cruise electronic documents.

      2. Fuel supplements.  All cruise lines reserve the right to impose a fuel surcharge if the NYMEX oil price exceeds certain limits during the year.

      3. Dining.  Requests for specific dining times and table size will be accepted at the time of booking but cannot be guaranteed or confirmed prior to departure and Wingbuddy will not be held responsible if such requests cannot be fulfilled.

      4. Refunds.  No reimbursements or refunds will be issued for unused travel services or any component of the package after departure. Refunds are not granted for bookings canceled due to inclement weather or illness; these must be claimed through your travel insurance. No guarantee is provided or warranted that any refund will be available.  No refunds will be granted if a sale price is advertised after a reservation is confirmed.

      5. Travel Documentation.  

        1. Various Government Authorities.  Passengers are solely responsible for obtaining all travel documents required by all relevant government authorities for the Travel Service, including, without limitation, the travel documents required by all ports of call listed on their itineraries. Passengers are responsible for complying all local laws and regulations of the Travel Provider, cruise ship, cruise port, airport, or other relevant destination at all times.   

        2. Passports and Visas.  Passengers must have a valid passport when traveling by air or by sea. By booking cruise Travel Services through our Services,  you agree you’re your passport is valid for at least six (6) months from conclusion of your Travel Services (i.e., end of your travel).  Wingbuddy is not responsible for any denial of cruise Travel Services (such as denial of boarding), damages, losses, or other issues you may experience if you book cruise Travel Services through our Services and your passport is not valid for at least six (6) months from the conclusion of the Travel Services.  Depending on your itinerary, a travel visa may be required in addition to your passport should you wish to leave the ship without a pre-organized shore excursion/tour (i.e., if you purchase an off-ship activity directly from your cruise Travel Provider). Please refer to Sherpa for more information regarding travel documentation for your Travel Services.  

        3. Single Parents Traveling With Minor(s).  Single parents traveling with a minor may need additional documentation for the child’s travel, such as a notarized letter of consent signed by the parent not traveling, which must be presented to the airline/cruise line Travel Provider for boarding.  You are responsible for confirming you have all necessary documentation for traveling with a child.  

        4. Consequences for Failure to Comply.  Failure to obtain proper documentation prior to your travel will result in (i) denial of boarding and (ii) automatic cancellation of your Travel Services without the possibility of a refund. Wingbuddy is not responsible for any trip cancellation or denied Travel Services due to your negligence.

      6. Special Needs.  Most cruise lines Travel Providers have limited wheelchair-accessible staterooms for which a medical certificate is required to book. If you need such a room, you MUST provide the medical certificate to the Travel Provider at least thirty (30) calendar days BEFORE scheduled sailing. Any special transfer arrangements required may incur additional charges. Cruise passengers with special needs must be self-sufficient and accompanied by at least one (1) other passenger who assumes full responsibility for their well-being at all times. In certain cases, passengers in wheelchairs may be precluded from going ashore due to docking facilities. 

      7. Pregnancy.  Women having reached the late stage of their pregnancy (generally twenty-four (24) weeks pregnant) will not be permitted to sail on a cruise. A medical certificate may be required for women in their twenty-third (23rd) week or earlier who choose to sail.  Details vary by cruise line Travel Provider and are always subject to change.  Once Wingbuddy is notified of your pregnancy, we will provide the specific Travel Provider rules and restriction at the time of booking.  

      8. Minors.  

        1. All cruise line Travel Providers require minors (i.e., individuals under the age of twenty-one (21)) to be accompanied by an adult (i.e., individual of at least twenty-one (21) years of age, or at least twenty-five (25) for the Carnival Cruise Line). This requirement is waived for married couples (provided that proof of marriage is submitted) and minor children sailing with their parents or guardians in adjacent staterooms.  The age of each individual on the date of sailing determines his/her status for the entire cruise.  

        2. Age restrictions for alcohol consumption and gambling as well as infant and child rates and infant age restrictions vary by cruise line. Generally, infants under six (6) months of age are not permitted to sail.  

        3. Age requirements are subject to change. Please confirm the applicable age requirements for travel at the time of booking.  

      9. Denial Due to Fitness for Travel.  Wingbuddy and its Travel Providers reserve the right to decline any passenger at any time.  Passengers may be declined or have their voyage terminated at their own risk and expense should, in the opinion of the ship's physician or the ship’s captain, their physical or mental condition (i) render them unfit for travel, (ii) represent a danger to themselves or any other passenger, or (iii) a cause of disturbance to cruise passengers or crew. Such passengers may be left at any scheduled port of call or place without any liability to the Travel Provider or Wingbuddy. In this circumstance, no refund or extra expenses will be honored or provided by the Travel Provider nor Wingbuddy.

    2. Hotels.  

      1. Reservations.  You acknowledge that Wingbuddy pre-negotiates certain room rates with Travel Providers to facilitate the booking of reservations. Upon submitting your reservation request, you authorize Wingbuddy to facilitate hotel reservations on your behalf. 

      2. Requirements.  Any specific hotel requirements will appear during the booking process under the "Purchase Summary" section after completion of  your room selection.  Certain hotel Travel Providers may require you to present a credit card or cash deposit upon check-in to cover additional expenses during your stay. Such deposit is unrelated to any payment received by Wingbuddy for your hotel Travel Services with the Travel Provider.

      3. Local Taxes and Fees.  Local taxes and fees may be applicable for hotel stays in the destination you are traveling to and are payable in local currency. Rates are subject to change without notice.

      4. Hotel/Room Allocation.  

        1. The hotel or resort is responsible for room allocation in accordance with the category reserved. Wingbuddy assumes no responsibility as to the location, decor, furnishing or type of bed in the room that may vary based on the room's location on the hotel property. If you would like to change rooms, such changes are subject to availability and additional fees may apply.

        2. For select travel packages, in addition to the above, the stipulation of "or similar" indicates that guests will stay at a hotel of the same star rating as the hotel listed. Wingbuddy will provide you with your hotel accommodations via email prior to your departure.

      5. Check-Ins and Check-Out Conditions.  Hotel check-in will vary by destination but is generally between noon and 3 p.m. Hotel check-out times may vary depending on the property, but generally customers must vacate the room by 11 a.m. For passengers with late flights, every effort will be made to provide a hospitality room, however, this cannot be guaranteed, particularly during high season.

      6. Intermediate Season.  From May to November, some services and facilities at hotels may be suspended or offered in rotation.

      7. Meals.  If meals are part of your Travel Services booking, the number of meals included depends on the number of nights of your stay and the Travel Services package selected. No refunds will be available if one or more meals are not consumed.

    3. Excursions.  You may choose to participate in excursions, optional tours or activities of local Travel Providers at destinations that may be offered by Wingbuddy for an additional fee.  Any written or oral contract is considered to be exclusively between you and the Travel Provider. Some excursions may have a risk of personal injury, loss or damage. Wingbuddy assumes no responsibility for any claim, loss, damage, cost or expense arising from a customer's participation in said excursions.

    4. Airlines.  

      1. Liability.  

        1. Please review your etickets for your specific itinerary.  

        2. Air Travel Services are subject to conditions imposed by law and our airline Travel Providers. As such, our Travel Provider’s liability is limited by their respective tariffs and conditions of carriage, as well as international conventions and arrangements.  Conditions of Carriage apply to flights bound to and from your destination, some of which limit or exclude liability.  For air carrier liability and options available to you regarding loss, damage or delay of your baggage, please consult the respective Travel Provider’s website and their claims policy. 

        3. Wingbuddy does not assume any responsibility for schedule changes made by the airline (excluding refunds due to major flight schedule changes pursuant to Section 9(c) of these Terms), or any additional costs (accommodation, meals, etc.) incurred due to any flight delays, interruptions, cancelations, or missed connections. Furthermore, Wingbuddy does not guarantee the ability to make any specific seat selections, as some Travel Providers may not have seat selection offers or only offer seat selection twenty-four (24) hours prior to departure. Wingbuddy does not assume any responsibility for baggage allowances which will vary by destination and Travel Provider. 

      2. Airport Check-In.  

        1. Flights can be offered by different air carriers.  Wingbuddy recommends consulting their respective guidelines on check-in and documentation required.

        2. In light of longer than usual wait times, it is recommended that customers present themselves at the airport counter of the airline ahead of time, as indicated on the Flight Itinerary received by email, according to the check-in and boarding gate deadlines as listed on the airline’s website. At check-in, name and contact information must be provided.

        3. You may seek out airline representatives at the airport should you require additional assistance. Failure to check-in and board on time may result in the cancellation of a customer's reservation with no right of recourse or refund.

      3. Luggage.  

        1. For the most up-to-date information regarding carrier baggage policy and fees, liability for lost, misconnected and damaged baggage or other personal property, please visit the respective airline Travel Provider’s website that matches your eTickets. Wingbuddy recommends purchasing baggage insurance at time of booking.

        2. Many airlines charge fees for checked and/or carry-on bags.  Fees vary and are set by each Travel Provider.  Carry-on luggage and personal article dimensions and weight can vary by airline, please consult their website and/or your eTickets for details. Excess/oversized baggage may be denied at check-in or subject to additional charges. 

        3. Wingbuddy accepts no liability for loss or damage to luggage, and recommends a TSA-approved lock. All lost or damaged luggage must be reported to an airline representative at the destination airport by the passenger before you leave the airport.  Some airlines do not cover damage to soft-sided luggage. 

        4. For the most up-to-date information on prohibited and permitted items, please visit the applicable governmental transportation security administration website.  Additionally, some foreign governments enforce strict limitations and restrictions on what can be brought into their countries. For more information, please refer to the applicable embassy’s or Travel Provider’s website.   

      4. Transfers.  Travel times from the airport to your hotel in this site are approximate and can vary due to unforeseen circumstances.  You may need to communicate with the Travel Provider at your destination while awaiting transfer from the airport to your hotel, in which case you are solely responsible for any data roaming and wifi charges and fees you may encounter as a result of such communication.  

      5. Air Miles and Vouchers.  Air miles and vouchers from loyalty programs may not be used when booking Travel Services through our Service.

      6. Flight Terms and Conditions.  You understand and agree that:

        1. Flight Changes.  Airlines ultimately control their schedules, and they may change or cancel your flight for a variety of reasons (for example, mechanical problems or adverse weather, etc.).  Whenever the airline gives us information about a change or cancellation to your itinerary, we will pass it on to you and help you assess your options. You should always check the scheduled departure time of your flight before travel.

        2. Seating.  Airlines control seating and we do not guarantee the availability of specific seats, even when pre-booked.

        3. Special or Charter Flights.  For special or charter flights, the airline, the flight schedule, the aircraft type, the itinerary and possible stops are given as an indication only. These specifics may be subject to change even after confirmation.  Please check the relevant rules and restrictions before booking.

        4. Additional Charges.  Some airlines impose extra charges for meals, luggage and preferred seat selection, etc. Unless we provide such optional services for booking through our Service, then any reference about these extra optional services and related charges shown through our Service is for information only and may be updated by airlines at any time. Where we provide the option for you to book such extras through our Service, then the price of such optional extras will be displayed to you and after selection by you, added to your price.

        5. Children.  You must follow the relevant rules and restrictions on the carriage of children. Children older than two (2) years old on the return date must have a return ticket at a child fare for both the outbound and inbound flights. You will not be eligible for a refund of any seat charges incurred during travel if you do not comply.  Children under two (2) years of age will not be allocated their own seat unless a child fare is booked for them. Unaccompanied children under fourteen (14) years old will only be allowed to fly in line with the relevant rules and restrictions.

        6. Hazardous Materials.  The carriage of hazardous materials aboard aircraft in your luggage or on you is generally forbidden.

    5. Car Rentals

      1. Payment.  If/when you collect your rental car, you/the driver must present your/their valid credit card. You must check with the Travel Provider which credit cards they accept. Debit cards may not be accepted. The Travel Provider may submit an authorization request to your credit card issuer during the rental period by way of a deposit. You/the driver should ensure you have a sufficient credit limit for this purpose. Some larger car types may require two credit cards.  If you fail to comply with the Travel Provider’s requirements, the Travel Provider may not make the vehicle available to you and you may be required to pay an amount up to the full price of car rental Travel Services.

      2. Supplements.  

        1. Extra charges may be payable by you locally to the Travel Provider.  For example, these charges may cover refueling, snow tires, additional driver charges, young driver surcharges, child seats and delivery and collection fees, etc. Wingbuddy and the Travel Provider are not responsible for paying such extra charges. Requests for optional extras (such as child seats) cannot be guaranteed as they are subject to availability.

        2. An insurance excess amount may be applicable in the event of theft of, or damage to, the rental car and payable by you to the Travel Provider. This will vary depending on the Travel Provider and rental country. Purchase of optional extra insurance coverage by you locally can remove/reduce the applicable excess. Wingbuddy and the Travel Provider are not responsible for any excess payable or the provision of extra insurance coverage.

        3. Fuel is not usually included in the car rental price. In some countries, some Travel Providers may charge you for refueling when the vehicle is returned. Unless agreed otherwise, you must return the rental car to the same branch of the Travel Provider from which it was collected.

      3. Collection and Use of Rental Cars.  

        1. Drivers must usually be between twenty-one (21) and seventy-five (75) years of age, although this can vary depending on the relevant Travel Provider and rental country.  You are responsible for checking this with the Travel Provider.  Extra charges may apply if a driver is below twenty-five (25) or over seventy (70) years of age.

        2. When you collect your rental car, you/the driver must present your/their full valid driving license for the category of vehicle rented. International rentals may have different driving license requirements. Please check what exact documentation is required by the Travel Provider. For example, if the drivers' license is not in the Roman alphabet, an international driving license is required and, if picking up the vehicle in an EU country, an international driving license is required for those whose driving license is not issued in the EU. Extra documentation, such as a passport or up to two forms of proof of name and address, may also be required.

        3. Typically, you will not be permitted to take your rental car outside of the rental country, or on ferries, and additional restrictions may apply.

  10. Reviews, Comments, and Photos

    1. By submitting content to our Service by email, postings or otherwise, including any property reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively "Submissions"), you:

      1. Confirm that all Submissions you make are your original creation and that you have and will maintain all rights necessary to allow us to use the Submissions as set out in these Terms;

      2. Grant Wingbuddy, as permitted by law, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable through multi-levels right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or later devised;

      3. Acknowledge and agree that Wingbuddy may choose to use the name that you submit with such Submission to attribute your Submissions (for example, listing your first name and hometown on a review that you submit) at our discretion in a non-identifiable format. Such Submissions may also be shared with the Travel Providers;

      4. Acknowledge and agree that submissions are non-confidential and non-proprietary; and 

      5. Agree to ensure that all Submissions will comply with our content guidelines set forth in these Terms.  


 

  1. Rights.  

    1. To the extent permitted by law, you expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions. 

    2. You hereby grant Wingbuddy the right to legally pursue any person or entity that violates your or Wingbuddy’s rights in the Submissions. 

    3. You agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by Wingbuddy or any of its licensees.  We may exercise our rights (for example: to use, publish, display, delete, etc.) to any Submissions without notice to you.  

    4. We claim no ownership or endorsement of, or affiliation with, any Submissions made by you.

  2. Liability.  You will be solely liable for any damages resulting from not complying with the rules set forth in this Section, or any other harm resulting from your posting of Submissions to our Service.

  3. Prohibitions.  You are fully responsible for the content of your Submissions. You must not post or transmit to or from our Service and agree that any Submissions you make do not contain any content that:

    1. Is unlawful, threatening, libelous, defamatory, obscene, pornographic, or would violate publicity or privacy rights or any law;

    2. Is commercial (such as solicitation of funds, advertising, or marketing of any goods or services, etc.); 

    3. Infringes, misappropriates or violates any copyright, trademark, patent or other proprietary right of any third-party; or

    4. Is objectionable on the grounds of public interest, public morality, public order, public security or national harmony.

  1. Comments, Consents, and Claims.  

    1. Regardless of Wingbuddy's liability, any incidents, including injuries, service cancellation or dissatisfaction must be reported to your destination emergency contact to allow them an opportunity to provide assistance.

    2. Wingbuddy and its Travel Providers treat all customers with the utmost respect, and we expect that our customers treat our staff and each other with the same courtesy. At no time and under no circumstances whatsoever shall Wingbuddy or its Travel Providers tolerate abusive, violent, destructive, menacing, and/or harassing behavior from a customer. 

    3. Should you have any comment or concern about accommodations or services, please contact our via email at [email protected]

  2. Your Privacy and Personal Information.   We are committed to the privacy, confidentiality, and security of personal information entrusted to us.  Please review our current Privacy Policy, which also governs your use of our Service and is incorporated by reference into these Terms, to understand our practices.

  3. Assignment.  Wingbuddy may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms.

  4. Third-Party Rights.  Except as expressly stated in these Terms, we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

  5. Survival of Obligations.  Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.

No Waiver.  Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

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