Site Terms and Conditions

These terms and conditions govern your use of the Tripharbor.com and Tripharbour.ca websites (together, the “Site”), which are owned and operated by Tripharbour Limited (“Tripharbour”, “we” or “us”, and words of similar import) and the services Tripharbour provides through the Site and through its telephone call centres (together with the Site, the “Services”). The Site and Services are provided solely to assist guests in gathering and sharing cruise and travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. These terms and conditions of use include our Community Guidelines, which are available here.

The Services are offered to you conditional upon your acceptance without modification of all the terms, conditions, and notices set forth below in these terms and conditions of use (collectively, the “Agreement”). By accessing the Site or using the Services in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use the Services. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement, and your continued access or use of the Services signifies your acceptance of the updated or modified Agreement. If you are a member of the Site, we will give you prior notice of any changes to the Agreement by email to the address you provide on registration – if you do not agree with such modifications you are free to terminate this Agreement and your membership on the Site, with effect from and after such termination. Modifications to the Agreement will be posted on the Site; be sure to return to this page periodically to review the most current version of the Agreement. Modifications to the Agreement will not affect any reservation or purchase made using the Site before the effective date of such modifications – as noted below, separate terms and conditions govern your reservations and purchases made using the Site.

This Agreement governs your use of the Services - it does not govern any reservation or purchase you make through the Services. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services through the Services. Please read these separate terms and conditions carefully. They may be governed by the laws of other countries, and may include conditions that limit liability to you, and the liability of these third parties may also be limited by local law, their tariffs, tickets and vouchers, and otherwise. Tripharbour has no means of controlling the operations of third parties, and makes the Services available on the condition that it shall not be liable for the acts and omissions of third parties. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Use of the Services

As a condition of your use of the Services, you represent and warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use the Services in accordance with this Agreement, (iv) you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you in connection with the Services is true, accurate, current and complete, and (vi) if you have an account for the Site, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Privacy

Your privacy is important to us and Tripharbour believes in protecting your privacy. Please review our Privacy Policy to understand our practices. By using the Services you agree and consent to our collection, use and disclosure of your information as set forth in our Privacy Policy.

Intellectual Property

The Site and its contents, including their arrangement and compilation, are the proprietary intellectual property of Tripharbour and its licensors and suppliers. All rights are reserved, and no license is granted thereto unless expressly granted in this Agreement. Any unauthorized use of the Site may be a violation of law that could subject the user to legal action.

Limited License for Personal and Noncommercial Use; Prohibited Use

The Services are for your personal and noncommercial use only. You may display, download and print the contents of the Site solely for your personal use, but you may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

You also may not, without our prior written consent:

• use the Services or the information provided therein, including the contents of the Site, for any commercial purpose;
• make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
• access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose;
• violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our systems;
• deep-link to any portion of the Site for any purpose; or
• "frame", "mirror" or otherwise incorporate any part of the Site into any other website.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement, and you agree that we may immediately terminate your account if you do or if you otherwise breach this Agreement. In addition, if you use the Services for any purpose that is unlawful or prohibited by this Agreement or you violate this Agreement, we may terminate the licenses granted to you in this Agreement, and may also cancel any reservations or other transactions you have made through the Services after receiving notice from us of termination, and in such event we will have no liability to you.

Notice

The cost of services provided by Tripharbour is based on our customers agreeing to the disclaimers and limitations of liability contained in this Agreement. Please read them carefully.

Disclaimers of Warranties and Conditions

Tripharbour and any third party suppliers and providers (i) make no warranty of any kind regarding the Services and/or any materials provided through the Services, all of which are provided on an "as is" basis; and (ii) do not warrant the accuracy, completeness, currency or reliability of any of the content or data found through the Services and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, including warranties under the Sale of Goods Act (Ontario) or the International Sale of Goods Act (Ontario). Neither Tripharbour nor any third party suppliers and providers warrant that the Site, its servers or any e-mail sent from them are free of viruses or other harmful components.

Limitations of Liability

Tripharbour assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

In no event shall Tripharbour, its affiliates, and its and their suppliers, distributors, directors, officers and employees or any third party providers or distributors (the “Tripharbour Parties”) be liable for any injury (including any personal injury, death or property damage), loss, claim, damage, or any special, exemplary, punitive, indirect, aggravated, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, by negligence or otherwise, which arises out of or is in any way connected with (i) any use of the Services or content found through them, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of the Services for reservations or ticketing), or (iii) the performance or non-performance by Tripharbour or any third party providers or distributors or other third party, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if such party has been advised of the possibility of damages to such parties or any other party.

The providers and distributors providing travel or other services through the Services are independent contractors and not agents or employees of Tripharbour. Tripharbour is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such providers or distributors or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Tripharbour shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. By offering for sale certain travel services, Tripharbour does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

In addition, Tripharbour expressly reserves the right to correct any pricing errors (including, without limitation, typographical or display errors, incorrect supplier information, and currency conversion miscalculations) through the Services and/or on pending reservations made under an incorrect price. This right applies whether or not the order has been confirmed and/or your credit card charged. In the event of a correction to a pending reservation, as your sole and exclusive remedy we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.

If, notwithstanding the foregoing, Tripharbour or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Services or content, the liability of Tripharbour or any third party providers or distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing the Services, or (b) C$100.00. In its sole discretion, in addition to any other rights or remedies available to Tripharbour and without any liability whatsoever, Tripharbour at any time and without notice may terminate or restrict your access to any component of the Services.

Indemnity

You agree to defend and indemnify Tripharbour, its affiliates, and its and their suppliers, distributors, directors, officers and employees from and against any loss, injury, claim or damage brought by you or on your behalf in excess of the limitations of liability in this Agreement, or by third parties as a result of your use of the Services or your violation of any law or the rights of any third parties.

Reviews, Comments and Other Submissions

We appreciate hearing from you and welcome your participation, exchanges and activity in our community for which we have separately provided Community Guidelines. Please be aware that by submitting content to the Site by electronic mail, postings or otherwise, including any reviews, ratings, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, ”Submissions”), you grant Tripharbour and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) 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 hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Tripharbour may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Tripharbour the right to pursue at law any person or entity that violates your or Tripharbour’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Tripharbour Site. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to the Site), and you agree that when you use the Site and participate in our Community you will comply with our Community Guidelines. You shall be solely liable for any damages resulting from any violation of these requirements, or any other harm resulting from your posting of content to the Site. You acknowledge that Tripharbour may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

Links to Third Party Sites

The Site may contain hyperlinks to sites operated by parties other than Tripharbour. Such hyperlinks are provided for your reference only. We do not control such sites and are not responsible for their contents or the privacy or other practices of such sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Sites does not imply any endorsement of the material on such Sites or any association with their operators.

Software available on the Site

Any software that is made available to download from the Site ("Software") is the copyrighted work of Tripharbour, its Affiliates, and/or its respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Site in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on the Site, is owned by Tripharbour, its Affiliates, and/or respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

General

To the maximum extent permitted by law, this Agreement is governed by the laws of the Province of Ontario, Canada. The International Sale of Goods Act does not apply to this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada, in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Unless otherwise noted, prices on the Site are per person, double occupancy, cruise only and are denominated on the Tripharbour.ca Site in CAD dollars and on the Tripharbour.com Site in US dollars. Government fees and taxes are additional. Prices and offers are subject to availability and may be altered or withdrawn at any time without prior notice. Subject to availability at the time of booking for selected departure dates. Quoted savings are based on published brochure rates. Airfare, transfers, and government fees are additional unless otherwise specified. Rates are subject to change without notice. Restrictions and blackout periods may apply. Itineraries may be subject to change.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tripharbour as a result of this Agreement or use of the Services.

You may not assign, transfer, subcontract or delegate any of your rights or obligations under this Agreement.

If you have an account through the Services, or have made transactions with us, we may send any notice required to be sent to you to the contact information, including any email address, included in your account profile or provided by you to us in connection with such transactions.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and Tripharbour with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the guest and Tripharbour with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Any rights not expressly granted herein are reserved.

Travel Industry Regulations and Seller of Travel

Tripharbour Limited, and all travel agencies that are located in the province of Ontario, Canada are required to register with the Travel Industry Council of Ontario (TICO) and contribute to the Ontario Travel Industry Compensation Fund. The Compensation Fund compensates consumers, regardless of place of residence, who have paid for, but did not receive travel services because of the bankruptcy or insolvency of a registered Ontario agent or due to the failure of an airline or cruise line.

Tripharbour Limited, 21 St. Clair Ave. E., Suite 402, Toronto, Ontario, Canada, M4T 1L9 is registered under the Ontario Travel Industry Act, 2002. TICO Registration Number: 50016403.