TERMS & CONDITIONS (USA)
I am booked with 2504029 Delaware Inc., carrying on business as Breakaway Tours [“Breakaway Tours”], a retail travel agency. Breakaway Tours makes arrangements with suppliers who provide travel services such as air travel, cruises, hotels, buses, sightseeing, car rental or other activities included in, or offered in addition to, a tour package. Breakaway Tours does not control, operate, own or manage any vehicle, hotel, resort, cruise ship, restaurant or other supplier of services.
Price, Taxes & Fees
Prices are per person in US Dollars unless otherwise stated and are subject to availability at the time of booking. Pricing is based on the occupancy chosen; should your occupancy change for any reason you are responsible for paying any difference in price. The prices advertised are based on fixed costs of suppliers at the time of booking. These costs are dependent on fuel costs, rate of exchange and other factors and the price may increase due to a change in these fixed costs. This contract permits price increases.
Billing & Payments
You agree to pay for all of the services you receive. As a Breakaway Tours Passenger and parent/guardian, you agree to provide Breakaway Tours with complete and accurate billing information including legal name, mailing address, telephone number(s) and email addresses, at the time your account is created and to update this information within 15 days of any change. Providing false billing information shall be cause for immediate termination of your reservation.
Payment Due Dates
All of our trips are broken into monthly installments with the balance payment due three months or more prior to the departure date. You need to make all payments according to the payment schedule in order to ensure your space on the trip. Payment dates are displayed during the online booking process. Registered passengers can find their specific payment schedule under the Payment Info tab of My Profile. All monthly payments are mandatory, failure to make a payment may result in your losing your place on the trip and/or your early booking price. Late payments may also be subject to a late fee.
Breakaway Tours agrees not to use cardholder names, account numbers or other credit card transaction information embossed, encoded, or appearing in any other manner on a card for any purpose other than for the sole purpose of assisting Breakaway Tours in completing the transaction, or as specifically required by law. Breakaway Tours also agrees not to disclose this information to any third party other than the financial institution or its designated agent.
Delinquent or Non Payment
If you miss a payment it is your responsibility to contact Breakaway Tours and advise of the situation. Breakaway Tours reserves the right to cancel the reservation if a payment is not made. Breakaway Tours reserves the right to charge a fee to reinstate cancelled reservations. Reinstated accounts may no longer be entitled to the early booking price received at the time of the initial booking. Reinstated accounts may no longer be entitled to the early booking price received at the time of the initial booking.
Breakaway Tours accepts all major credit cards and Visa Debit. Breakaway Tours’s system will automatically charge your credit or debit card for the payment for each installment as they come due if there is an active card on the account. If you cancel your credit or debit card or if your details change it is your responsibility to contact Breakaway Tours with updated information. If the payment method is by debit card you must log-on to your online portal and make payment prior to the payment due date.
Cancellation of Services
All cancellation requests must be given in writing to email@example.com. Cancellations will be effective as of the date received. Regardless of your cancellation date, the initial trip deposit, insurance, and any add-ons purchased, as well as any portion of the travel services that have been used or are expired, are non-refundable. If cancellation occurs within 90 days of the departure date or after the final payment date (whichever comes first), all monies received are non-refundable.
If cancellation is prior to this date passengers will receive Trip Dollars for the amount paid up until that date, not including the initial deposit and the insurance premium if purchased. 1 Trip Dollar is equivalent to $1 that may be used towards a future trip with Breakaway Tours (Beach only) or Campus Vacations. Trip Dollars do not expire. Trip Dollars are only transferable to siblings, proof of which may be requested, trip dollars are not transferable to anyone else and they must be used in entirety for one trip – they cannot be combined, separated, or transferred between trips or passengers. Trip Dollars are void if the passenger cancels and receives any refund from any insurance company. If the new trip costs less than the passenger’s Trip Dollars, there will be no refund or credit assigned for the difference. If the total cost of new trip exceeds the total Trip Dollars, the difference must be paid by the passenger in order to confirm the booking. Trip Dollars hold no cash value, and cannot be refunded for cash, and may not be used in conjunction with other promotional offers, special trips or discounts.
Change of Name
A name change is possible subject to approval by our suppliers. To request a name change your account must be current and up to date. You cannot name change with an existing passenger, or anyone who was previously registered on your tour. There is no fee charged by Breakaway Tours for a name change, however our suppliers may in certain cases charge a fee. Within 30 days of departure name change requests are not accepted.
We take great care in selecting our tour operators and suppliers of service [tour operators, airlines, hotels, coach companies, ground operators and event planners] which, together, form the tour package you purchase. We act solely as agents for the tour operators and/or the suppliers; these are independent parties over which we exercise no direct control.
Breakaway Tours shall not be liable for any claims, losses, damages, costs, expenses, delays or loss of enjoyment of any nature or kind whatsoever, to you or your traveling companions or group members, resulting from the acts, omissions or negligence by the tour operators or suppliers.
Tour Packages include the following [unless otherwise stated]: Return Airfare, Hotel Accommodation [number of nights and inclusions as stated], Hotel Transfers, Assistance at Destination and Medical Insurance. Departures generally occur between Thursday to Monday of the selected week, but can leave as early as Wednesday on the selected travel week or as late as the following Tuesday.
Breakaway Tours reserves the right to withhold or change exact travel dates until the entire group has paid in full and/or it is within 60 days of the travel week selected. Breakaway Tours and suppliers reserve the right to cancel a tour or modify the travel service you have purchased by changing the destination, substituting services, varying the itinerary, changing the aircraft, hotel or otherwise up to the departure. In this case a comparable or superior product will be offered. Suppliers may have the right to substitute other suppliers in their place with or without notice to Breakaway Tours and/or passengers.
Breakaway Tours does not assume responsibility for any claims whatsoever resulting from such substitution. Breakaway Tours reserves the right to change the destination, tour package and/or itinerary whenever, in its judgement, conditions warrant or it is deemed necessary for the convenience, comfort or safety of the tour.
Breakaway Tours uses both scheduled and chartered air carriers. The routing may include a stopover or a connection via highway coach or air carrier. In some cases overnight stays in a city that is not your final destination may be required. In this case Breakaway Tours may provide overnight accommodation as part of the package price. It is the sole responsibility of the passenger to reconfirm inbound and outbound flight times with the respective carrier.
Baggage allowances vary and should be verified with the air carrier. Airline tickets state the conditions of carriage and liabilities. Scheduled flight times are not guaranteed and may affect the duration of your stay at destination without any compensation. Expenses incurred due to delays or missed connections are beyond the control and responsibility of Breakaway Tours.
The hotel accommodation selected is your preferred selection and may be substituted or modified for a hotel within the same category, or from a higher category, at any time. Reasons for a modification in hotel accommodation may include, but are not limited to: construction, change in hotel policy, change in services standards or overbooking.
Hotel rooms are based on run-of-the-house room availability. Cots may be available at an extra cost but cannot be guaranteed. Certain hotels have a per diem charge for the use of safety deposit boxes. At the hotels discretion a security deposit may be required. Breakaway Tours requires a security damage deposit, or the purchase of room damage protection.
Breakaway Tours does not hold responsibility for charges incurred by passengers in the hotel such as, but not limited to: mini-bar, room service, phone calls, safety deposit boxes or damage to the room or premises. Breakaway Tours is not liable and can not control the decision of the hotel management to remove a passenger from the hotel.
Upon booking, passengers must select their desired room occupancy - the occupancy selected will affect the cost of the trip. Once room occupancy is chosen, passengers are responsible for selecting roommates based on that occupancy. Passengers must submit their roommate selection by the assigned deadline. If the passenger submits an incomplete request, a request that cannot be accommodated, or does not submit a request, Breakaway Tours will assign roommates of the same gender and group, and/or adjust the passenger’s occupancy as necessary.
Should the number of people in your room change, whether it was changed at your request, due to circumstances out of your control, or by Breakaway Tours when assigning rooms, you will be responsible for finding additional roommates to fill the space and/or paying the additional cost associated with an occupancy change. Breakaway Tours reserves the right to adjust room assignments based on hotel space and availability. The room occupancy of your choice may not always be available due to hotel space limitation and/or restrictions.
Breakaway Tours recommends ensuring your safety and protecting your investment through the purchase of trip cancellation and interruption, and medical insurance. Travel Insurance Policy Brochures are available from Breakaway Tours and can also be found at www.breakawaytours.com/forms. Insurance is only included in the price of your package if stated.
The cost of insurance is non refundable if you cancel your trip. Insurance is only in effect from the date it is paid and added to your trip. Unless otherwise stated, trips are insured to a maximum of $2000 CAD or USD for trip interruption and cancellation purposes. Insurance offered by Breakaway Tours does not cover international students, the Policy coverage is for citizens of the country of departure.
It is the sole responsibility of the passenger to ensure proper and valid documentation. Breakaway Tours requires that every passenger have a valid passport when traveling out of their home country. Most destinations require a valid passport for travel and in certain cases a visa or affidavit may be required. Please verify with the consulate or embassy of the country of travel to ensure that you have all necessary travel documents.
Please note that entry to another country may be refused even if the required information and travel documents are complete. Breakaway Tours will neither reimburse nor assume responsibility for any passenger denied boarding or refused passage or entrance to any destination for any reason.
No Affiliation With School
Tours are not school-sanctioned.
Age of Majority
Passengers under the age of eighteen  participating on a tour package must have permission from a parent or guardian. The legal age to consume alcohol at most destinations is eighteen , in some cases the legal age will be enforced as twenty-one . Breakaway Tours does not condone the use of alcohol. Neither Breakaway Tours nor its suppliers assume responsibility for the enforcement of alcohol consumption by passengers. Abuse of alcohol can result in dismissal from the tour.
Neither Breakaway Tours nor its employees are responsible for passengers, or their actions, while travelling. Every passenger and if under the age of eighteen  a parent or guardian must sign the Breakaway Tours Traveler Guidelines, the Breakaway Tours Terms & Conditions, and the Breakaway Tours Waiver & Release Agreement agreeing to the tour rules. The Breakaway Tours Traveler Guidelines is available from Breakaway Tours or at www.breakawaytours.com/forms.
The instructions of Trip Leaders are for the safety of the tour and must be obeyed at all times. Failure to obey Trip Leaders’ instructions, fighting, abuse of alcohol (regardless of age) and/or use of illegal drugs will result in dismissal from the tour. The passenger and parent or guardian are responsible for immediately paying all costs resulting from a passenger’s dismissal from the tour.
Passengers should be aware that there may be different rules of law and/or living standards and conditions outside of Canada and the United States and conduct themselves accordingly. Breakaway Tours shall not be responsible for any damage, loss, injury or inconvenience resulting from different rules of law and/or living standards.
Breakaway Tours shall not be liable for any claims, losses, damages, costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever, to you or your travelling companions or group members resulting from a Force Majeure, that is an event beyond our or a supplier’s reasonable control including, but not limited to, acts of nature, strikes, lockouts or other labour disputes or disruptions, wars, blockades, insurrections, riots, earthquakes, weather conditions, floods or acts or restraints imposed by government authorities.
Comments and Complaints
At destination passengers should contact their tour representative and representatives of suppliers immediately for assistance to remedy any problem without delay. If a problem cannot be solved, please forward the specifics of the incident in writing to Breakaway Tours within ten  days after returning from the trip. Failing to do so will preclude a passenger from pursuing a claim. A monetary refund will not be offered as compensation for any post destination complaint.
By registering the passenger and/or parent/ guardian understands and acknowledges that Breakaway Tours may share this personal information with companies providing travel services including, but not limited to tour operators, airlines and hotels, and with other non-travel related companies, unless a written request is provided to Breakaway Tours stating otherwise. Any photographs or videotape taken of passengers by Breakaway Tours or its affiliates shall remain the property of Breakaway Tours and may be used for promotional or marketing purposes without further permission or compensation.
The Terms & Conditions, Breakaway Traveler Guidelines and the Breakaway Waiver & Release Agreement constitute the entire legally binding agreement between 2504029 Delaware Inc., operating as ‘Breakaway Tours’ and the passenger and/or the legal parent or guardian and supersede all prior or contemporaneous communications whether electronic, oral or written. The invalidity of any provision contained herein does not affect the validity of any other provision listed. This agreement shall be governed by the laws of the State of Delaware. Legal action against Breakaway Tours shall be heard before a court in the State of Delaware.