Terms & Conditions
I am booked with 2417988 Ontario Inc., carrying on business as Breakaway Tours [“Breakaway Tours”], a retail travel agency operating in accordance with the Ontario Travel Industry Act, licensed in the Province of Ontario [Travel Industry Council of Ontario Registration Number: 50021560], and Business Practices and Consumer Protection Authority Act (BC), licensed in the Province of British Columbia [Consumer Protection BC License Number: 71169]. 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 either Canadian or 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. A non-refundable travel counseling fee is included in the package price. The prices advertised are based on fixed costs of suppliers at the time of booking. These costs are dependant 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. If the price increase is greater than 7%, unless the increase is a result of an increase in retail sales tax or federal goods and services tax, the passenger has the right to cancel and obtain a full refund.
BILLING & PAYMENTS
As a Breakaway Tours passenger and parent/guardian, you agree to provide Breakaway Tours with complete and accurate billing information at the time your account is created and to update this information within 15 days of any change. Such billing information includes but is is not limited to your legal name, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of your reservation.
PAYMENT DUE DATES
All of our trips are broken into easy-to-pay monthly installments with the balance payment due two months prior to the departure date. 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. You need to make all payments according to the payment schedule in order to ensure your space on the trip.
Payment for Services Received
You agree to pay for all of services you receive.
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.
Visa Debit and Credit Card: If the payment method is Visa debit or credit card, the customer may obtain a copy of the invoice upon request via e-mail and it will be sent to the address listed on the e-mail account. A copy of this invoice will also be sent to any email address on file, following any previous payment made. Breakaway Tours’ system will automatically charge your credit card or visa debit card for the payment to pay each installment as they come due if there is an active card on the account. If for any reason your credit card company or bank refuses to make payment of the amount billed to your credit card, your account will be placed in a delinquent status, which may, at Breakaway Tours’ sole discretion, include immediate termination of your reservation. It is your responsibility to contact Breakaway Tours with updated information and payment arrangements if you cancel the applicable credit card or visa debit card if your card details change. Interac: If the payment method is interac you must log-on to your online portal and make payment prior to the payment due date. If you will miss a payment date 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. You are responsible for payment for the Services regardless of if you receive an invoice. Cash is not an acceptable form of payment and will not be accepted.
Delinquent or Non Payment
Breakaway Tours reserves the right to cancel and remove an account, without notice, those that have been placed on delinquent status and all payments made will be non-refundable. Breakaway Tours reserves the right to charge a $75 fee to reinstate cancelled reservations. Reinstated delinquent accounts may no longer be entitled to the Early Booking Bonus received at the time of the initial booking.
CANCELLATION OF SERVICES
All cancellation requests for Breakaway Tours accounts must be given in writing to email@example.com, or must be in writing via post to Breakaway Tours 337 Queen Street West, Toronto, Ontario, M5V 2A4 to be effective. If your payment is set up via credit card it is your responsibility to ensure that such charges or withdrawals are stopped upon termination of service. Breakaway Tours’ responsibility for any such charges collected after the alleged termination of service shall be limited to the Cancellation and Trip Credit Policy made after the written cancellation of your account. Cancellations will be effective as of the end date received. Reinstated accounts may no longer be entitled to the Early Booking Bonus they received at the time of the initial booking.
Cancellation and Refund Policy
Regardless of your cancellation date, the initial deposit is non-refundable. If cancellation occurs within 60 days of the departure date or after the final payment date (whichever comes first), all monies received are nonrefundable. In the event of a trip cancellation more than 60 days prior to departure for BUS trips or more than 90 days prior to departure for FLIGHT trips or prior to the final payment date (whichever comes first), 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 or with select travel partners at the discretion of Breakaway Tours. Trip Dollars do not expire. 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. Trip Dollars must be used in entirety for one trip – they cannot be combined, separated, or transferred between trips or passengers. Trip Dollars are only transferable to siblings, proof of which may be requested. Trip Dollars are void if the passenger cancels and receives any refund from any travel insurance company. No credit or refund will be assigned if the Trip Dollars exceeds the per person cost of the new trip. Meaning, 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. If the passenger cancels for a second time, maximum 90 days prior to departure, after using the Trip Dollars to confirm the second trip booking, the original Trip Dollars will be rendered void. The passenger will be issued new Trip Dollars for the amount exceeding the initial deposit. Trip Dollars hold no cash value, and cannot be refunded for cash. Trip Dollars can only be used for Breakaway Tours vacation packages. Trip Dollars may not be used in conjunction with some promotional offers, special trips or discounts. Trip dollars are deducted from the total cost of the trip, meaning if the trip dollars applied do not cover the entire cost of the trip, passengers are required to follow the monthly payment schedule until the trip is paid in full.
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.
BUS TOUR PACKAGES
Unless otherwise stated bus tour packages include: Round Trip Motor Coach Transportation, Hotel Accommodation [number of nights as stated], Daily Schedule of Events & Activities, Additional Inclusions if applicable [as stated], Hotel Security and Staff On-Site. Breakaway Tours and suppliers reserve the right to cancel a tour or modify the travel service you have purchased by substituting services, varying the itinerary, changing the type of transportation, 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 will make every effort to accommodate passengers should a service be substituted, however, Breakaway Tours does not assume responsibility for any claims whatsoever resulting from such substitution. Breakaway Tours reserves the right to change the tour package and/or itinerary whenever, in its judgement, conditions warrant, or if deemed necessary for the convenience, comfort or safety of the tour.
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 does not submit a request, an incomplete request is submitted, or the submitted request cannot be completed, 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, 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.
Living standards and practices at the destination and the standards and conditions there with respect to the provision of utilities, services and accommodation may differ from those found in Canada and the United States of America.
The cost of insurance is non refundable if you cancel your trip.
Breakaway Tours requires that every passenger have a valid government issued photo identification for domestic travel, and a valid passport when traveling out of their home country. 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. It is the sole responsibility of the passenger to ensure proper and valid documentation.
NO AFFILIATION WITH SCHOOL
Tours are not school-sanctioned.
AGE OF MAJORITY
Passengers under the age of eighteen  participating on a tour must have permission from a parent or guardian. The legal age to consume alcohol at most destinations is eighteen . 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.
Every passenger and if under the age of eighteen  a parent or guardian must sign the Breakaway Traveler Guidelines, the Breakaway Tours Terms & Conditions, and the Breakaway Tours Waiver & Release Agreement agreeing to the tour rules. The Breakaway Traveler Guidelines, the Breakaway Tours Terms & Conditions, and the Breakaway Tours Waiver & Release Agreement are available from Breakaway Tours or at www.breakawaytours.com/forms. The instructions of destination staff are for the safety of the tour and must be obeyed at all times. Failure to obey instructions can result in dismissal from the tour. Fighting will not be tolerated, anyone involved in fighting will be dismissed from the tour. Abuse of alcohol, regardless of age, can result in dismissal from the tour. Use of illegal drugs will result in dismissal from the tour. Neither Breakaway Tours nor its employees are responsible for passengers, or their actions, while travelling. Passengers should be aware that there may be different rules of law and/or living standards and conditions outside of their home province or state and Canada or 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 or any such changes and variations.
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.
The Breakaway Tours Terms & Conditions constitute a legally binding agreement between 2417988 Ontario Inc., operating as ‘Breakaway Tours’ and the passenger and/or the legal parent or guardian. For residents of Ontario: this agreement shall be governed by the laws of the Province of Ontario. For residents of Canada outside of Ontario: this agreement shall be governed by and legal action against Breakaway Tours shall be heard before a court in the Province of British Columbia. For residents outside of Canada: this agreement shall be governed by and legal action against Breakaway Tours shall be heard before a court in the Province of Ontario.