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Your Agreement with Great Rail Journeys Limited

The following booking conditions together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Great Rail Journeys North America PLC trading as Great Rail Journeys of 3rd Floor, 369 Lexington Avenue, New York, NY10017, USA, incorporated in Delaware (No. 6377173) ("we" or "us"). Please read them carefully as they set out our respective rights and obligations. When booking by telephone or through one of our authorized agents and asking us to confirm your booking or, when booking online and putting a check mark in the box on our website stating that you have read this agreement, we are entitled to assume that you have read these booking conditions and agree to them.

References to "you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date), or any of them as applicable. References to "holiday", "booking", "tour" or "arrangements" means the holiday arrangements which we agree to make, as part of our contract with you, unless otherwise stated.

By making a booking, the first named person on the booking ("party leader") agrees on behalf of all persons detailed on the booking that:

a)        He/she has read these terms and conditions and has the authority to and does agree to be bound by them;

b)    He/she consents to our use of information in accordance with our Privacy Policy as shown on our website at www.greatrail.com/ca/things-you-should-know/statement-on-cookies/;

c)         He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and

d)         He/she accepts financial responsibility for payment of the booking on behalf of all persons named on the booking.

 

1. Making your booking

You may book with us by telephone, online or via one of our authorized travel agents. Once we (or your authorized travel agent) have received all appropriate payments, we will, subject to availability, confirm your holiday over the telephone (where you or your authorized travel agent make the booking by telephone) or by e-mailing or otherwise sending a booking confirmation letter/invoice to the party leader. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. Where you book through one of our authorized travel agents, the booking confirmation letter/invoice and all other communications will be sent to your agent and you should also contact us through the agent. Alternatively, you can book online via our website in which case your holiday booking will be acknowledged by e-mail and a booking confirmation letter/invoice will follow. The acknowledgement of your booking is not a confirmation of it and does not create a legally binding contract. A binding contract between you and us only comes into existence once we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your authorized travel agent. All references in these booking conditions to the confirmation of your booking means the booking confirmation letter/invoice. A provisional booking can be made by phone but you must send the applicable payment within 7 days, or the provisional booking will automatically lapse.

Upon receipt of a booking confirmation or any other document, please check all of the details carefully. In particular, please check that the initials or forenames and surnames given match those on your passport as we make reservations using this information If you believe that any details are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must pay any costs involved in doing so. The only exception to this requirement to pay costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.

2. Payment

You are required to send us the appropriate deposit per person (as detailed on the relevant tour page) or full payment if booking within 60 days of departure (90 days for cruise and private rail holidays) at the time of booking. In addition to the deposit applicable to the holiday, a further additional deposit is required of a minimum of 20% of the additional cost for any booking variations including flight and hotel upgrades and holiday extensions. Please note, deposits and all additional deposits are not refundable except where expressly stated in these booking conditions. The balance of the cost of your holiday must be paid no less than 60 days before departure (90 days for cruise and private rail holidays). If a cheque payment is declined by your bank for any reason, an administration charge of CAD$50 will be made. If we do not receive all payments in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.

All monies you pay to one of our authorized travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us.

 

3. Passports, Visas and Other Entry Requirements

Please note that you are entirely responsible for ensuring that everyone in your party has the necessary correct and up-to-date personal documentation before you start the tour and that you all fulfil the passport, visa, health and immigration requirements applicable to your chosen tour. We do not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on us, you will be responsible for reimbursing us accordingly.

International travel usually requires a passport valid for six months beyond your intended return travel date and may also require multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). If your passport expires before this, it may still be acceptable, but you should contact your local passport office or the consulate or embassy of the country/countries you plan to visit/transit through, for detailed advice. Customers applying for a first passport or renewing their passport should allow at least six weeks to obtain one, however, in all cases, please apply as far ahead as possible so as to allow time for unexpected delays and consult the Government of Canada website at www.travel.gc.ca for current processing times.

Many destinations also require that visas be obtained prior to travel including any additional visas or other documents required when travelling on any of our cruise tours that visit other ports/countries independently. If one parent or guardian plans to bring a minor child without the other parent or parents, some nations require written notarized permission from the other parent(s) and have very strict documentation requirements and birth certificates may be required for children under 18.

Some nations also require proof of vaccinations for all travelers. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure.  For medical information, we recommend consulting the Government of Canada website at www.travel.gc.ca. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.

For information concerning passports, visa and other entry requirements for any destination, we recommend consulting the Travel section of the Government of Canada website at www.travel.gc.ca or speaking with your authorized travel agent if you are unsure about the visa requirements for your travel destination.

4. Travel Insurance

It is a condition of booking that you arrange and take out sufficient and appropriate travel insurance coverage. We recommend you do this at time of booking so that your deposit (less any applicable excess) is recoverable in the event of a cancellation covered by the policy. Please provide us with details of the Insurance Company, the policy number and the 24-hour emergency telephone number when requested. It is your responsibility to ensure that the insurance coverage you purchase is suitable and adequate for your particular needs. The duration of the tour in the brochure or on our website includes the day of departure and day of return and is the period to be used for insurance purposes. Please read your policy details carefully and take them with you on tour. Should you choose to extend your tour (either at the start or the end of your tour), you will need to extend the duration of your insurance coverage. If you choose to travel without adequate insurance coverage, we will not be liable for any losses however arising.

5. Holiday Prices

Please note changes and errors occasionally occur. We reserve the right to increase/decrease and correct errors in advertised prices at any time before your holiday is confirmed. Before you make a booking, we will give you the basic price for your chosen holiday. You should check all details before you make your booking. Upgrades, holiday extensions or any other variation which you have requested are on a request basis with our suppliers and subject to availability, and prices for these will only be confirmed once the prices and availability has been confirmed by our suppliers. For all holidays, once you have accepted the basic price and a booking has been confirmed, that price is fully guaranteed and will not be subject to any surcharges.

6. Suitability of the Tour and Behavior

We reserve the right in our absolute discretion to terminate without prior notice the holiday arrangements of any customer whose behavior is such that it causes or is likely to cause, in our reasonable opinion, or in the opinion of any Tour Manager or any other person in authority, distress, damage, danger or significant annoyance to any third party, or damage to property. In these circumstances all our obligations to you under our contract or otherwise will cease, full cancellation charges will apply and we will not be liable for any refund, compensation or costs incurred by you whatsoever. Our tours can be physically demanding and we also reserve the right to terminate your holiday where, in the reasonable opinion of any person in authority (including office staff or your Tour Manager when you join your holiday), your physical condition means you are unable or likely to be unable to cope with the tour or to experience significant difficulties in doing so. It is your responsibility to disclose an accurate account of your mobility and all other relevant information relating to your health and fitness at the time of booking. You must advise us of any change to your level of mobility or health and fitness between booking your holiday and departing on your tour. Please also see also clause 15.

7. Alterations to Your Booking and Transfers

Please notify us in writing if circumstances arise whereby you wish to transfer to another available holiday in any of our brochures or on our website, depart on a different date or make other alterations to your confirmed holiday. Any alterations requested 60 days or more (90 days or more for cruise and private rail holidays) prior to departure will be subject to an alteration fee of CAD$50 per person together with costs or charges incurred or imposed by any of our suppliers. Any alteration to your booking requested less than 60 days (90 days for cruise and private rail holidays) prior to departure will be regarded as a cancellation and cancellation charges as set out in clause 8 will be payable. Name changes can be made up to 21 days prior to departure for an alteration fee of CAD$50 per person together with any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.

Please be aware that certain arrangements, such as some flight bookings, may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay a minimum amendment fee of CAD$50 per person transferring, pay all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

8. Cancellation by you

Should you wish to cancel your holiday, notice can be given verbally but must be followed up in writing by the party leader. Your notice of cancellation will only take effect when it is received in writing by us. Since we incur costs in cancelling your arrangements, you will be required to pay the applicable cancellation charges up to the maximum shown below. The amount of the cancellation fee depends upon the date when the written notice of cancellation is received by us. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding any amendment charges which are not normally refundable. The scale of cancellation charges is as follows:

 

Cruise & Private Rail Tours

All other tours

91 days or earlier

Loss of deposit*

Loss of deposit*

From 61 to 90 days

45% of final invoice

Loss of deposit*

From 41 to 60 days

60% of final invoice

35% of final invoice

From 28 to 40 days

75% of final invoice

60% of final invoice

From 14 to 27 days

90% of final invoice

85% of final invoice

13 days or less prior to departure

100% of final balance

100% of final balance

 

 

*Loss of Deposit means the loss of the full brochure deposit amount, including the outstanding balance of any 'low deposit' payment you have made, and includes loss of any additional deposit paid for holiday variations and holiday extensions as referred to in clause 2.

We will deduct the cancellation charge(s) from any monies you have already paid to us. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Any such additional costs are not cancellation charges.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. 

9. Changes and cancellations by us

We start planning the holidays we offer many months in advance and occasionally, we have to correct errors and/or make changes to the information contained in our brochures, our website and other details, both before and after bookings have been confirmed, and also cancel confirmed bookings (which would for the avoidance of doubt expressly include any variations or extensions booked by you and which are part of the package and your confirmed booking).Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so.

Minor Changes by Us: A minor change is any change which is not a significant change as referred to below.

Significant Changes by Us: A significant change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could reasonably expect to have a significant effect on your confirmed holiday. Occasionally, we have to make a "significant change" before departure such as a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, a change of UK departure point to one which is significantly more inconvenient for you or a significant change of itinerary missing out one or more major destination substantially or altogether.

Cancellations by Us: All our escorted holidays are organized on the basis of a minimum number of clients (usually 15). In the unlikely event the holiday (which would include any individually purchased variations or extensions), has to be cancelled because of insufficient numbers, you will be informed at least 60 days (90 days for cruise and private rail holidays) prior to departure.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:

a)        accepting the changed arrangements; or

b)        purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other, then available, holidays. You must pay the applicable price of any such holiday. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper; or

c)         cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us (including, where appropriate, the price paid for any holiday extensions or additional service purchased from us and included in your package).

Please note the above options are not available where any change made is a minor one.

If we have to make a significant change or cancel before departure we will, where appropriate, pay you a partial refund depending on the circumstances and when you are notified of the significant change or cancellation. We will also, where appropriate, pay you any reasonable proven costs and expenses you incur as a result of a cancellation or significant change.  Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any amount payable. In no case will we pay any refund if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

A refund will not, however, be payable and no liability, beyond offering the above mentioned choices, can be accepted where:

a)        we are forced to make a change or cancel as a result of force majeure as described in clause 10 below; or

b)        we have to cancel because the minimum number of client bookings required to run your holiday has not been reached and we have notified you at least 60 days (90 days for cruise and private rail holidays) before departure; or

c)         we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).

In any of the circumstances referred to above we will not be liable for the cost of any service (such as, but not limited to, flights, hotels and connecting rail travel) which is purchased in connection with any holiday but which is not booked through us, or for any related expenses such as cancellation charges or amendment fees for any service which cannot be used or has to be cancelled or amended as a result of our having to cancel or make a significant change to any holiday.

Very rarely, we may be obliged as a result of "force majeure" (see clause 10) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers) or meet any costs or expenses you incur as a result.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate, will pay you a partial refund.

10. Force majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any refund where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as described in clause 12 below) as a result of "force majeure". In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemic, closure of railroad lines, stations, airports or airspace and all similar events outside our or our suppliers' control. Advice from either the Canadian or UK government to avoid or leave a particular country may constitute force majeure (as described in clause 11 below).

11. Government Safety Warnings

You are responsible for making yourself aware of Government of Canada advice and warnings in regard to the safety of the countries and areas in which you will be travelling to and to make your decisions accordingly. Global and political situations do change. Your safety is our first consideration and if the Government of Canada or the UK Foreign Office advises against travel to a certain country, we act on this advice. Advice from either of them to avoid or leave a particular country may constitute force majeure (as described in clause 10 above). Both government offices issue regular advice and updates on their websites in Canada at www.travel.gc.ca and in the UK at www.gov.uk/foreign-travel-advice which you are recommended to consult before booking and again in good time prior to departure.

12. Our Responsibility and Limited Liability to You

We make arrangements with independent contractors such as airlines, railroad operators, transfer operators, hotels & other suppliers that provide the services that you purchase. Although we take care in selecting these suppliers, they are all independent parties and we have no control over them and are not responsible for their acts or omissions. Services provided by these independent parties are subject to applicable Provincial travel industry acts and the regulations thereunder, together with, where applicable, any conditions imposed by the independent parties and as such, their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements.

We are not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of these independent parties, their agents, servants, employees or subcontractors supplying any of the services herein or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than us.

Our liability for any loss, damage or injury, whether physical or mental, arising from our own acts, omissions or negligence, is limited to the price of the services purchased.  From that amount we are entitled to deduct any amount which you have received or are entitled to receive from any supplier of services in relation to the complaint or claim in question.

13. Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform your Tour Manager and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to your Tour Manager and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return from your tour giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim any compensation or refund you may otherwise have been entitled to may be affected or even lost as a result.

14. Special Requests

If you have any special request, you must advise us in writing at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation letter/invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request.

All bookings will be treated as "standard" bookings subject to the above provisions on special requests.

15. Medical Conditions/Disabilities

Regrettably, many of our tours are not suitable for customers with certain disabilities and they can also be physically demanding. If you have any medical condition or disability which may affect your holiday or any health, fitness or mobility concerns which may affect your ability to cope with the tour, please give us full details before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. We will make reasonable efforts to accommodate special needs or cause our suppliers to accommodate them, but, if we are to help you choose the right tour for your health, mobility and fitness, we must be aware of all details. Please note that Tour Managers cannot provide individual assistance with boarding trains or coaches, or handle your luggage. It is your responsibility to provide us with full and accurate details of your mobility, health and fitness (including any disability), so we can advise you on the suitability of tours. As standard practice all customers are asked at the point of booking whether they have any mobility limitations or health concerns which may impact on their tour. Customers are required to provide all relevant information to ensure that this matter has been carefully considered and we are aware of any issues. We may require you to produce a doctor's certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

You must also advise us as soon as possible of any change in any disability or medical condition or your health, fitness or mobility or if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. Please also see clause 6.

16. Brochure/Website Information

The information contained in our brochure and on our website is correct to the best of our knowledge at the time of the brochure going to print or at the time of publication on our website. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing or publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.

17. Independent Excursions and Activities

We may provide you with information (in our brochure, on our website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting but cannot be pre-booked with us. We have no involvement in any such activities or excursions which are not run, supervised, controlled, inspected or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we or your Tour Manager suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area(s) you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions mentioned in our brochure or on our website which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation.

18. Flights

In accordance with EU Directive (EC) No 2111/2005, we are required to bring your attention the existence of a "Community List" which contains details of air carriers that are subject to an operating ban within the EU Community. The Community List is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm. We are also required to advise you of the carrier(s) or, if the carrier(s) is not known, the likely carrier(s) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) and/or flight routings (including indirect routings) after your booking has been confirmed will be provided to you as soon as possible. We are not always in a position at the time of booking to confirm flight routings and/or flight timings. Where flight routings and/or flight timings are given at the time of booking or detailed on your confirmation letter/invoice these are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your itinerary which will be dispatched to you approximately 10 days prior to departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched. We will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, routings (including a change from direct to indirect routings) and/or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. Regardless of any information given in good faith, operational changes may be made by an airline at any point and we cannot be responsible for these. If the carrier(s) with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier(s) are unable to offer you a suitable alternative the provisions of clause 9 (Changes and Cancellations by Us) will apply. Prices quoted in this brochure and on our website are based on special airfares offered to us by the airlines for group travel. These represent a reduction on the normal IATA fares which entitle passengers to privileges and flexibility that our clients do not normally require as part of the holiday. Should you wish to book our holiday using a flight other than that shown in the brochure/on our website, a minimum flight variation charge from CAD$50 per person will apply in addition to the difference in cost between our special fare and the normal IATA fare for the flight(s) required. Tickets at our special fare are valid only on the airline and dates shown and do not automatically entitle passengers to switch to another carrier in case of a flight cancellation, delay or technical problems with the aircraft or the reservation. Please note that most airlines now operate 100% non-smoking services.

19. Denied Boarding Regulations

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/ or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, if the flight qualifies under such Regulations. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact that a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations as your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Please note, your rights under clause 9 ("Changes and Cancellations by Us") and clause 12 ("Our Responsibility and Limited Liability to You") of these booking conditions are not affected by the above Denied Boarding Regulations except that we are entitled to argue that the amount you receive or are entitled to receive from the airline is sufficient to meet any compensation obligation we may have to you as your tour operator as a result of any such cancellation, delay, downgrading or denied boarding.

20. Rail Reservations

We request rail reservations many months in advance but occasionally there are insufficient First Class seats available. In these situations, we will book Standard Class seats and refund the difference to you. Although we do our best to follow the routes noted on the itinerary there might be occasions when a different routing and/or departure time is necessary due to timetable variations or seat availability. Regardless of any information given by us in good faith, operational changes may be made by a railroad supplier/operator at any point and without notice, and we cannot be responsible for these. Increasingly, trains are 100% non-smoking, and reservations are requested in non-smoking accommodation, although at busy times we may be allocated some smoking seats.

We cannot make specific requests for smoking seats. Prices quoted in this brochure and on our website are based on special fares negotiated with our railroad partners for group travel. Should you wish to travel on any Eurostar or other railroad service, other than those included as part of your group holiday, a minimum rail variation charge of CAD$50 per person per service plus any additional cost will apply. Any change involving sleeper services will be quoted on an individual basis.

Tickets for Eurostar train services are issued subject to the conditions set out in Eurostar International Limited's conditions of carriage and/or the conditions of carriage of the carrier in question, copies of which are available from travel agents appointed by Eurostar International Limited or supplied on request.

21. Data Protection

Please be assured that we have measures in place to protect the personal information you give us. This information will be passed on to the relevant suppliers of your travel arrangements. It may also be provided, either by us or by the suppliers of your travel arrangements, to third parties and public authorities such as banks and credit card companies, customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. The above applies to any sensitive information that you give to us such as details of any disabilities, medical conditions, or dietary/religious requirements but we will obviously only pass these on where necessary to do so to provide the service you have requested. If we cannot pass on this information as set out above, we may be unable to provide your booking or other services you have requested. In making your booking, you consent to this information being passed on to the relevant persons who are outside Canada.

22. Applicable Law

The laws of the province/territory in which you reside (and no other) shall apply in the determination of a dispute, controversy or claim arising out of or in relation to the services purchased by you.

23. Disputes

Any claim you wish to make against us shall be made in the courts of the province or territory of Canada in which you reside (and no other).

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Website use Terms & Conditions

These Website Use Terms and Conditions apply to your use of the Great Rail Journeys North America PLC website ("Website"). By accessing, reading or using the Website, you agree that you have read and understood the Website Use Terms and Conditions and agree to be bound by them.

Great Rail Journeys North America PLC reserves the right to change, modify, alter or otherwise update the Website Use Terms and Conditions and Privacy Policy applicable to the Website at any time, without prior written notice at our sole discretion. Such updated or revised Website Use Terms and Conditions will be posted on this Website, and your continued use of the Website following the posting of any changes to the Website Use Terms and Conditions constitutes acceptance of those changes.

If you do not agree to the Website Use Terms and Conditions, do not access or read the Website.

Jurisdiction and Applicable Law

The Website is intended for use only by users who access it from Canada, and the information on the Website applies only to users accessing it from Canada.

Your use of the Website and the Website Use Terms and Conditions shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada without regard to the conflicts of laws principles thereof, and users agree to submit to the jurisdiction of the Ontario courts.

Ownership of Content

All materials and content displayed or accessible thought the Website, including but not limited to text, graphics, videos, photos, trademarks, logos and other materials are protected by copyright and trade-mark laws. Any use of the Website materials and content, including modification, transmission, presentation, distribution, and republication, whether in whole or in part, is prohibited without express prior written consent.

Links and Third Party Websites

The Website may contain links to third-party websites, which are not under the control of Great Rail Journeys North America PLC. These links are provided solely as a convenience to you and not as an endorsement by Great Rail Journeys North America PLC. Great Rail Journeys North America PLC is not responsible for the nature, content or availability of any third-party website and makes no representations or warranties of any kind regarding any third-party website.

These Terms and Conditions are applicable to Great Rail Journeys North America PLC Website, and not applicable to your use of third-party websites. Third-party websites will be governed by their own website terms and conditions and policies, which you should review prior to use of the third-party website.

Disclaimer of Liability

Subject to applicable law, the Website is provided "as is" and "as available", without warranty or condition of any kind, either express or implied. Great Rail Journeys North America PLC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, services, or related graphics contained on the Website for any purpose. You acknowledge and agree that you are using the Website at your own risk and liability.

In no event will Great Rail Journeys North America PLC be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Great Rail Journeys North America PLC takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical or other issues beyond our control.

Privacy Policy and Use of Cookies

Great Rail Journeys North America PLC treats personal information that you submit through the Website in accordance with its Privacy Policy, which is incorporated into the Website Use Terms and Conditions. Please read and review the Privacy Policy at www.greatrail.com/ca/things-you-should-know/statement-on-cookies/ and review it on a frequent basis for changes.

By using the Website or providing us with personal information, you consent to the use of your personal information by Great Rail Journeys North America PLC in accordance with the terms and for the purposes set forth in the Privacy Policy.

Updated: October 2016

The Modern Slavery Act (2015)

Great Rail Journeys as a leading UK Tour Operator, is fully aware of its obligations and responsibilities under the Modern Slavery Act (2015).

Great Rail Journeys confirms it does not engage in Modern Slavery and Human Trafficking and it will not knowingly deal with any business that does.

It also recognises the role its suppliers and their sub-contractors play in ensuring that they, in turn, act ethically and with integrity with regards to the Act.

As such, Great Rail Journeys is working towards identifying and assessing potential risk within its supply chains, mitigating any such risk and monitoring the same moving forward.

Website Privacy Policy

Great Rail Journeys North America PLC understands and respects the importance of your privacy and we are committed to safeguarding your personal information. In providing our services to you, we must collect personal information from you and this policy outlines how we treat your personal data after it has been collected.

Great Rail Journeys North America PLC reserves the right to change, modify, alter or otherwise update the Privacy Policy at any time, without prior written notice at our sole discretion. Any and all changes to our Privacy Policy will be reflected in the information listed on this page. Your continued use of the Great Rail Journeys North America PLC Website ("Website") following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

Links and Third Party Websites

The Website may contain links to third-party websites, which are not under the control of Great Rail Journeys North America PLC. Great Rail Journeys North America PLC is not responsible for the protection and/or privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy policy. Third-party websites will be governed by their own website terms and conditions and policies, which you should review prior to use of the third-party website.

Information Collection, Use and Disclosure

We may collect information relating to you or other members of your party including:

  • ·names and contact/address details including telephone number and email address;
  • ·credit/debit card or other payment details (including card number, cardholder name, expiry date);
  • ·special requirements such as those relating to any disability or medical condition which may affect the chosen arrangements;
  • ·dietary restrictions (which may disclose your religious beliefs).

You are responsible for ensuring that other members of your party are aware of the content of this Policy and consent to your acting on their behalf in all your dealings with us.

Some of the information we collect may be considered personal information, which we collect to cater to your needs or act in your interest. Great Rail Journeys North America PLC only receives information about you when you submit such information to us by making a booking, requesting a brochure or through the use of any enquiry form on the Website. We do not collect personal information about you while you are browsing our Website.

Details such as your name, address and credit card details will be collected when you book your holiday with us. By providing this information, you consent to the use of the information in order to facilitate and complete your booking and for us to contact you about your booking.

We will only disclose your information to external parties, some of which may be located outside Canada, in order to complete your booking with us and exercise our responsibilities to you as our customer. It may also be necessary to share your information for associated administration, or seeking professional advice related to your booking.

We may also use the information you have submitted to us to contact you about our offers, which are updated regularly. If you would rather we did not use your information to contact you about offers you can indicate this using the opt-out option included in our communications with you. If you would like to receive further offers but have already opted out then please contact us at Great Rail Journeys North America PLC, 3rd Floor, 369 Lexington Avenue, New York, NY10017, USA or by email at grjusa@greatrail.com.

When you visit our site by selecting a link from another, we may store the name of the site you have navigated from for internal administration purposes.

We may need to disclose your information where required by law, where such a request is made by a legal authority. We may need to disclose our customer list including any personal information relating to you to a third party who acquires or attempts to acquire all or substantially all of the asset/stock in our company or our website. We may also disclose information to organizations who act as "data processors" on our behalf, or to other organizations that perform business functions on our behalf, some of whom are outside Canada. These functions include administration, providing services (and contacting you were necessary), customer care, business management and operation, re-organization/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection.

Any communication you have with Great Rail Journeys North America PLC may be recorded for the purposes of training and monitoring.

You can also choose not to provide us with some of the information we request, however as a result we may not be able to complete your arrangements.

Access to and Correction of Information

You have the right to access a copy of the information we hold about you (for which we may charge an administration fee) and correct any inaccuracies in your information.

You can contact us at Great Rail Journeys North America PLC, 3rd Floor, 369 Lexington Avenue, New York, NY10017, USA or by email at grjusa@greatrail.com.

Security

Great Rail Journeys North America PLC has security measures in place to prevent the loss, misuse or alteration of data under its control. Information you provide to us will be stored in secure databases at our secured offices, and protected from prohibited and/or unauthorized viewing and usage.

However, there is no 100% secure method of transmission over the Internet or electronic storage, and while we protect the information under our control, we cannot guarantee its security. Many methods of communication, such as emails and messages sent via web browser, are not encrypted and are therefore more susceptible to being intercepted.

Great Rail Journeys North America PLC is not liable for personal data lost or intercepted in transmission to the website.

Cookies

Cookies are files sent to your Internet browser that are stored on your computer. Cookies identify a computer browsing a website, not an individual.

Great Rail Journeys North America PLC uses cookies in a number of ways, including:

  • simplifying your booking by saving you from resubmitting your information, and helping us keep track of a booking between pages;
  • improving our Website and the services we provide, by analyzing information about computers browsing our website;
  • for personalized marketing purposes, Great Rail Journeys North America PLC contacts customers who have submitted their email address, with an opt-out option included in every communication;
  • offering a personalized browsing experience while you are visiting our site, by using cookies stored on your computer during previous visits to recommend services you may be interested in.

You may experience advertisements from us when browsing other websites. These are effected by cookies that do not hold personal details and that are based on your browsing during visits to our website.

If you wish to manage, block or remove cookies then your Internet browser will allow you to do so. This may detrimentally affect your browsing experience.

For details on the specific cookies typically used by Great Rail Journeys North America PLC, please go to www.greatrail.com/ca/things-you-should-know/statement-on-cookies/.

To find out more information about cookies, please visit www.allaboutcookies.org.

Questions and Issues

Any questions or issues about our Privacy Policy can be directed to Great Rail Journeys North America PLC, 3rd Floor, 369 Lexington Avenue, New York, NY10017, USA or by email at grjusa@greatrail.com.