Terms & Conditions
Elite Sports Tours Inc. created the following agreement in order to clarify the terms and conditions upon which its web site is used.
1.0 Introduction and Definitions
Elitesportstours.ca is the online service operated by Elite Sports Tours Inc. on the World Wide Web of the Internet, consisting of ticketing services, ticketing resources, and related content provided by the Company, and by third parties. "Subscriber" means every person who establishes a connection for access to and use of elitesportstours.ca. elitesportstours.ca is a private, independently owned company, and is not associated with Ticketron, Ticketmaster, Tickets.com or any other ticketing company, web-site or agency, box office, theatre, stadium or arena. elitesportstours.ca is also not associated with and is not an agent or authorized representative of any professional or amateur sporting or racing league or association, such as MLB, NCAA, NFL, NBA,NHL, USTA, PGA, LPGA, USGA, NASCAR, WBA or any association, educational institution, club, corporation, partnership, player, team or other individual or entity participating in or sponsoring any sporting event, or of any other business or charitable artist, association, company, corporation, individual, organization, partnership, performer or other entity or person conducting, participating in, producing or sponsoring any other entertainment event, and all logos and names of any of them are their property and used for purposes of factual description only.
2.0 Agreement with Terms and Conditions
This Agreement sets forth the terms and conditions that apply to use of elitesportstours.ca by Subscriber. By using elitesportstours.ca, Subscriber agrees to comply with all of the terms and conditions hereof. The Policies and Privacy Statement is incorporated by reference, as if fully set forth herein.
3.0 Changes in Terms and Conditions
The Company has the right to change or discontinue any aspect or feature of elitesportstours.ca, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time the Company has the right to change or modify the terms and conditions applicable to Subscriber's use of elitesportstours.ca, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on elitesportstours.ca, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of elitesportstours.ca by Subscriber subsequent to such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4.0 Conduct of Subscriber
4.1 Lawful Use
Subscriber shall use elitesportstours.ca for lawful purposes only. Subscriber shall not post or transmit through elitesportstours.ca any material which:
i. violates or infringes in any way upon the rights of others;
ii. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or
iv. contains advertising or any solicitation with respect to products or services, unless the Company shall have expressly approved such material in advance of its transmission.
Any conduct by a Subscriber that in the Company's discretion restricts or inhibits any other Subscriber from using or enjoying elitesportstours.ca is expressly prohibited.
4.2 Downloading of Intellectual Property
elitesportstours.ca contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, some of which is owned by the Company and some of which is owned by third parties. Furthermore, the entire contents of elitesportstours.ca are copyrighted as a collective work/compilation. The Company owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4.3 Uploading of Intellectual Property
Subscriber shall not upload, post or otherwise make available on elitesportstours.ca any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of elitesportstours.ca, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants the Company the rights to edit, copy, publish, and distribute any material made available on elitesportstours.ca by Subscriber.
5.0 Disclaimers and Limitation of Liability
5.1 Use Is At Subscriber's Risk
Subscriber expressly agrees that use of elitesportstours.ca is at subscriber's own risk. Subscriber shall be responsible for protecting the confidentiality of subscriber's password(s), if any. Neither the company, its affiliates, nor any of their respective employees, shareholders, agents, third party content providers or licensors, warrant that elitesportstours.ca service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of elitesportstours.ca, or as to the accuracy, reliability or content of any information, service, or merchandise provided through elitesportstours.ca.
5.2 No Warranties Of elitesportstours.ca's Service
elitesportstours.ca is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
5.3 Disclaimer Of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Subscriber specifically acknowledges that the company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber. You are buying tickets from a third party; Elite Sports Tours is NOT the ticket seller. Ticket prices are set by the seller and may differ from face value. ALL SALES ARE FINAL. No refunds, transaction cancellations or exchanges will be issued for date/time changes or partial performances. Cancelled events will be handled on a case by case basis.
5.4 Subscriber's Waiver of Damages
In no event will the company, or any person or entity involved in creating, producing or distributing elitesportstours.ca be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use elitesportstours.ca. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on elitesportstours.ca.
In addition to the terms set forth above, neither, the company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or un-timeliness or un-authenticity of, the information contained within elitesportstours.ca, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Subscriber's use of elitesportstours.ca.
7.0 Equipment for Subscriber's Use
Subscriber shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of elitesportstours.ca and for any/all charges related thereto.
8.0 Copyrights and Trademarks
In addition to the copyright restrictions set forth in Paragraph 4.2 above, elitesportstours.ca, and its stylized version, the stylized version of elitesportstours.ca, the daily are trademarks of the Company. All rights reserved. All other trademarks appearing on elitesportstours.ca are the property of their respective owners.
9.0 elitesportstours.ca's Content
A portion of elitesportstours.ca content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on elitesportstours.ca by anyone other than employee spokespersons of the Company while acting in their official capacities.
10.0 Entire Agreement
This Agreement, and any operating rules for elitesportstours.ca established by the Company, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
11.0 Controlling Law
This Agreement shall be constructed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
BOOKING TERMS AND CONDITIONS
The purchase of your travel booking constitutes a contractual agreement between the traveler(s), customer(s), and/or purchaser(s), (collectively as "You" and "Traveler"), and Elite Sports Tours Inc. and for leisure customers of Elite Sports Tours (“Elite Sports Tours“, "We", "Us") pursuant to the following terms and conditions ("Booking Terms and Conditions"):
Elite Sports Tours acts as a travel agent only. Many, if not all, of the services that make up your travel booking are provided by independent third-party travel suppliers including without limitation, hotels, airlines, car rentals, event ticket providers ("Travel Suppliers"). Payment of your travel booking to us, as the agent of the Travel Supplier, binds you to the terms and conditions of the Travel Suppliers, and:
· If for any reason, any Travel Supplier is unable to provide the services for which you have contracted, your remedy lies against the Travel Supplier, and not against us.
· We do not represent that any travel products or services will be suitable for you and we do not accept legal liability or responsibility for any services of a Travel Supplier that does not meet your expectations.
· We rely on the information that is provided by the Travel Suppliers to assist you to make an informed decision, but we cannot guarantee the accuracy in respect thereof.
It is possible that transportation times, accommodations, and or other travel services booked may change even after the booking is completed and full payment is received. It is recommended that you familiarize yourself with the terms and conditions of the Travel Suppliers by referring to their brochures or websites. Please ensure that we have your current contact information so that we can notify you of such changes before your departure date and also while in destination. Any personalized travel requests are subject to availability and (e.g. seat or room allocation) cannot be guaranteed.
PRICE, AVAILABILITY AND INCREASES
Prices and availability quoted are subject to change (at the sole discretion of our Travel Suppliers and are due to space sellout/demand) at any time until full payment has been received and tickets have been issued. If the total price of the travel services is increased and the cumulative increase, except any increase resulting from an increase in retail sales tax or federal goods and services tax, is more than seven percent, you have the right to cancel the contract and obtain a full refund. Please note that all airfares and tour operator rates are subject to change without notice if full payment for booking has not been received. Elite Sports Tours does not warrant that prices will not change until booking is paid in full and an increase must be borne and paid for upon demand either by Elite Sports Tours, the airline, the tour operator or the Travel Supplier. In addition, please note:
· Additional airport and/or hotel and/or car rental fees and government taxes (other than sales tax) may not be included in your purchase. These are frequently collected at destination.
DEPOSITS AND FINAL PAYMENTS
All deposits are non-refundable. Final payment is required no less than 60 days prior to departure unless otherwise stated. Some travel packages and services must be paid in full at the time of booking. If final payment dates are missed itinerary will be cancelled and deposits forfeited.
CREDIT CARD CHARGEBACK
If for any reason, any Travel Supplier is unable to provide the services for which you have contracted, your remedy lies against the Travel Supplier, and not against Elite Sports Tours and in the event that payment has been made to Elite Sports Tours by credit card, you agree that you will not seek to chargeback your payment to Elite Sports Tours. If the credit card is passed through to the Travel Supplier and you seek to chargeback your payment from the Travel Supplier, you agree to be held liable and indemnify Elite Sports Tours against this chargeback from Travel Supplier, including without limitation any fees charged to Elite Sports Tours. If Elite Sports Tours incurs any costs, including but not limited to legal fees to recover any payments charged back by your credit card company, you agree that you will be liable for those costs. If your credit card as the form of payment is declined, you guarantee that you will settle any amounts owing to Elite Sports Tours via another payment method immediately. In addition, if your credit card is declined, you understand that no rates or space can be held, and no portion of your travel booking will be confirmed until which time full payment is received.
BUS TOUR INFORMATION
· It is your responsibility to adhere to itinerary arrival and departure times.
· We ask that guests arrive 30 minutes prior to departure with proper documentation and waiver form signed to ensure you do not miss the bus.
· You are responsible for getting to the bus and back to the bus on time.
· Buses leave 30 minutes after the game unless otherwise noted.
It is your responsibility to have a valid passport, visa and/or other valid travel documentation. A passport is the only reliable and universally accepted travel and identification document. Using other documentation such as travel documents or refugee status cards may result in delays or being denied boarding. We will assume that all travelers on the booking have valid Canadian passports, if this is not the case, you are required to let us know. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. Please note the following requirements:
· Change of length of stay may result in a change of documentation needed to travel.
· Any visa advice provided to you is dependent on the accuracy of the information provided by you. Visa advice is current but can change prior to your intended travel date.
· Verification of documentation requirements must be done when travel date nears.
· Failure to provide the required documents may result in being denied boarding privileges by the carrier or relevant authorities, without further recourse or the possibility of a refund.
· To re-enter Canada; non-Canadian passport holders will need to provide proof of valid Canadian Permanent Residency, a valid Canadian visa or proof of outbound ticket within visa exception allowance. Citizens from countries other than the United States (U.S.) who do not need a visa to enter Canada will need to obtain an ETA before flying into Canada. Travelers do not need an ETA when entering Canada by land or sea.
· Immigration authorities have the sole discretion to deny entry even when the relevant documentation is provided. A Traveler with criminal history may be denied entry.
· We recommend that you inquire with the Consular Affairs Bureau for Canadians Abroad or review online the Essential Information for Canadian Travelers Guide at voyage.gc.ca to satisfy personal requirements.
· For some countries, international health certificates and vaccinations are required. In some cases, failure to present required vaccination documentation (e.g. Yellow Fever vaccination) may result in you being denied entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available on the Government of Canada Travel and Tourism at https://travel.gc.ca/
· Some countries require travellers to be issued a special international driver's permit and/or international proof of insurance.
RECONFIRMING DEPARTURE TIMES
It is your responsibility to confirm your bus departure times at least 48 hours prior to departure. Some trips will have schedule changes and your departure times may differ to what is stated on your Itinerary. We recommend that you reconfirm your onward and return departure times at least 3 days prior to each trip. Elite Sports Tours is not responsible for schedule changes.
All guests are asked to arrive 30 minutes prior to departure to ensure you do not miss the bus. Please note that all travelers must be present with their waiver forms. passport and visas necessary for the destination. Any passenger arriving late for departure will miss the bus. We cannot hold up the bus and have to adhere to strict departure times.
For your protection, we recommend that you purchase trip cancellation and travel accident protection. However, no representation or description of the protection made by Elite Sports Tours to you, constitutes a binding assurance or promise about the protection. Elite Sports Tours is not an insurance company and has no responsibility for the submission, payment or adjustment of any insurance claims. Any claims that may fall under the relevant travel protection policy must be submitted to the insurance company identified in the policy.
CANCELLATIONS, CHANGES AND EXCHANGES
Please be aware that all travel bookings are non-refundable. Any changes or amendments to itinerary or passenger(s) details are either not permitted or will incur a penalty from the Travel Supplier, or Elite Sports Tours as prescribed from time to time. Please see Invoice and Itinerary for penalty details. By acknowledging and accepting these Booking Terms and Conditions, Elite Sports Tours is hereby authorized by you to seek to recover any refunds/credits that may be available from any other Travel Suppliers from time to time. Hotel and Tickets are non-refundable once payment has been made. No cancellation or changes to any portion of your travel booking can be made. Any amendments to quantity of passengers is subject to occupancy change costs levied by the Travel Suppliers.
We always do our best to make sure your travel arrangements are satisfactory. However, Elite Sports Tours and its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns do not own or operate any entity which provides goods and services for your travel including without limitation, accommodation, airline, vessel, motor coach, or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated to Elite Sports Tours or any of Elite Sports Tours's affiliated entities.
Elite Sports Tours is not liable for any negligent or willful act or failure to act of any Travel Supplier or of any third party. In addition and without limitation, Elite Sports Tours is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time. Also be advised that certain foreign facilities such as air-conditioning systems in public places, hotels and motor coaches may not be up to Canadian standards. If due to weather, flight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own hotel, transfers and meal costs. Baggage is entirely at owner's risk. You may see the name Elite Sports Tours affixed to motor vehicles, on signs around the hotel or elsewhere. This use of our name is purely for reasons of identification and does not denote ownership, supervision, or control by Elite Sports Tours in any way. The prices of these tours are based on rates in effect (including foreign exchange rates) at the time of printing and are subject to change without notice. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. You specifically agree that Elite Sports Tours is not liable for any consequential loss or damage.
TRAVELLING WITH CHILDREN
Whether travelling alone or accompanied by an adult, each child must travel with his/her own travel documents, a passport and appropriate visa, plus supporting documentation: i.e. birth certificate showing the names of both parents and/or legal documents pertaining to custody.
· An adult travelling with minor children is strongly advised to hold a notarized letter of travel consent signed by other parent(s) or guardian(s) with legal custody. The letter must include the signor's address, phone details, authorization to travel, the destination and length of stay.
· If a parent/guardian is divorced or deceased, a custody document or death certificate is recommended.
· For unaccompanied minors travelling please provide the details of the person who is responsible for meeting the minor at the destination to your travel agent and the airline.
· It is your responsibility to obtain all documents including those for infants and children, as required by relevant government authorities of the country you are visiting.
· Some countries have very specific regulations regarding cases where both parents are not travelling with a child. We recommend you obtain information from the consulate of destination.
· Further information regarding children and travel is available with the Government of Canada Travel and Tourism at https://travel.gc.ca/
NOTICE TO TRAVELERS
Travelers should be aware that different living standards and practices may exist outside of Canada including but not limited to: provision of utilities, e.g. Water and electricity; accommodations; services of all kinds; food; food preparation and water quality, and therefore:
· Elite Sports Tours shall not be held responsible for any loss, damage, illness or injury resulting from different living standards. Keep the state of the local economy and the country's level of development in mind.
· The quality of hotels advertised by our Travel Suppliers has been rated in accordance with the normal standard of the destination and could be different from the standard of Canadian hotels. There is no international standard and they can vary greatly.
· Hotel ratings also vary between one Travel Supplier than another for the same product. We recommend that you inform yourself on the amenities and reviews of accommodations before deciding.
· Service may be interrupted at any time for renovations, maintenance, or construction. Elite Sports Tours is an agent only and cannot be held responsible for quality or interruptions of service.
· Do ask questions and research on your own to ensure that are you are prepared for every eventuality
· It is possible that you will encounter minor difficulties that are sometimes unavoidable and uncontrollable. Please initially attempt to address the situation locally directly with Travel Supplier(s) and then contact your consultant.
· Many independent Travel Suppliers require the presentation of a major credit card at the commencement of service to cover any additional incidentals and/or for potential damages. It is recommended that there is $1000.00 of available funds on the credit card.
ELECTRONIC OR HANDWRITTEN SIGNATURE
Both parties agree that you may acknowledge and agree to these Booking Terms and Condition: (i) electronically; (ii) by handwritten signature; (iii) by any other electronic means, including without limitation acknowledgement via email acceptance of these Booking Terms and Conditions; or (iv) by your implied consent deemed via your actions which shall include without limitation the payment of the Invoice and/ or your use of the Services provided by Elite Sports Tours or any other Travel Supplier related to your booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the terms and conditions of this Agreement.
This Agreement is governed by and is to be construed and interpreted in accordance with the Laws of the Province of Ontario and the Laws of Canada applicable in that Province. The parties submit to the exclusive jurisdiction of the Courts of Toronto, Ontario to resolve any disputes which may arise in relation to this Agreement and/or sale in general by Elite Sports Tours to the client.
We strongly recommend that you re-confirm your tour reservation at least 3 days prior to departure time.