BROCHURE ACCURACY
Jade Tours has attempted to make this brochure accurate but however, changes
might occur for reasons beyond our control. In addition, Jade Tours reserves the
rights to substitute hotels or change the itinerary when necessary, provided the
travel facilities or other services are of at least the same standard or value.
HEALTH
By sending a deposit toward your trip purchase and completing your traveler
information form, you certify that you do not have any physical condition or
disability that would create a hazard for you or other travelers and you have
received all appropriate vaccinations. Please consult travel clinic or your doctor.
Traveler needs special assistance due to physical condition must be brought up to
the attention of Jade Tours in writing at the time of booking.
LIMITATION OF LIABILITY
The cost of all trips listed herein is based on travelers agreeing to this Limitation
of Liability. To be eligible to take a trip with Jade Tours, travelers must accept each
and all terms and conditions herein and assume full responsibility for any loss,
injury, death or damage to them, their family or their independents arising in
connection with their participation in the trips. Travelers must have their own
insurance appropriate to their needs and the needs of their family or dependents
in respect of such loss, injury, death or damage.
Although Jade Tours endeavors to choose appropriate independent suppliers to
provide services on the trips, Jade Tours has no right to control their operations
and therefore makes travel arrangements for the trip on the condition that Jade
Tours will not be liable for any act or omission of any independent supplier or any
unrelated third party. The services provided by independent suppliers are subject
to the local laws where services are provided, and any conditions imposed by
those suppliers. The liability of the independent suppliers may be limited by their
tariffs, conditions of carriage, tickets and vouchers and international conventions
and agreements.
In consideration for participating in the trips, travelers agree not to sue Jade Tours
in respect of, and forever release them from, all liability for economic loss and
physical or mental injury, direct or indirect, arising in connection with the trip
including, without limitation, permanent disability and death; any emotional
distress; any loss of services, financial support, aid, consortium or companionship
and any damage to or loss of property - in each case even if caused in whole or
in part by the conduct, including the negligence, of Jade Tours, except where such
loss, injury or damage is caused by reckless or fraudulent conduct on the part of
Jade Tours or its employees, in which case the traveler retains the right to sue only
Jade Tours in respect of that conduct.
Travellers further agree that they will indemnify and hold Jade Tours harmless in
respect of any claims arising in connection with the trip made by: i) the traveler’s
family members, dependents or heirs, or ii) third parties, which the traveler, their
estate, their family members, dependents or heirs have sued, if damages are
recovered from such third parties, to the extent the third party obtains any
indemnification from Jade Tours; except where the loss, injury, death or damage
is caused by the reckless or fraudulent conduct on the part of Jade Tours or its
employees.
Jade Tours and / or its agents, act only as agent for travelers in all matters
pertaining to the trips, we shall not be liable for any claims, losses, damages, costs,
expenses, delays or loss of enjoyment, of any nature or kind whatsoever, resulting
from events beyond our or a supplier's reasonable control, including but not
limited to acts of God, strikes, lockouts or other labour disputes or disruptions,
wars, blockades, insurrections, riots, earthquakes, weather conditions, floods or
acts or restraints imposed by government authorities.
In further consideration for participating in the trip, travelers agree that Jade Tours,
or their designate, may use any photographic or film records of the trips for
promotional and/or commercial purposes, without any remuneration to the
traveler.
No person other than Jade Tours’ authorized representative may, by a document
in writing, vary, add or waive any term or condition in this brochure, including any
term or condition set forth in the preceding provisions.
All claims must be made in writing to your travel agent and accompanied by
receipts, reports and other documents pertaining to the claim and must be
received by Jade Tours for investigation no later than 14 days after your return from
your trip.
Travelers agree that Jade Tours is the trustee of the respective rights under this
Limitation of Liability, which will apply to a traveler’s trips with Jade Tours, and any transfer of a reservation to another trip, including any deviations or extensions.
This Limitation of Liability is binding upon all members of the traveler’s family,
dependents, estate, heirs, successors and legal personal representatives. Any claim
or dispute arising out of or relating to this Limitation of Liability or its
interpretation, the trip, or the traveler’s relationship with Jade Tours will be
resolved exclusively in the courts of the Province of Canada in which the
particular office of Jade Tours is located and with which traveler had contracted
their trip and will be governed exclusively by laws of that province of Canada.
