OUR RESPONSIBILITIES

1. YOUR VACATION RESERVATION

On receipt of your deposit, subject to availability and at our discretion, Contiki will reserve your place on your selected vacation. A contract is only made between you and us upon your booking being confirmed and accepted by us and our communication thereof to either you or your travel agent.

2. PRICE GUARANTEE

Tour prices in this brochure are based on costs, charges, tariffs, rates, prices, taxes, levies and exchange rates as at September 8, 2008. Should any of these costs change, a surcharge may be made on the price of your vacation. If the total tour price increases by more than 7%, passengers will have the right to cancel within 7 days of notification of the surcharge without penalty. No surcharges in respect of cost or currency fluctuations will be made once payment has been received. The guarantee excludes fuel surcharges and does not apply to any taxes, charges or levies imposed by any government or their agencies. In exchange for these guarantees, no refund will be made if costs are reduced. Prices are per person and are in Canadian Dollars unless otherwise specified.

3. IF WE CANCEL OR CHANGE YOUR VACATION

• 3.1 Contiki reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond its control.

• 3.2 Should change or cancellation prove necessary we will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative.

• 3.3 If an alternative is not available or acceptable you will be entitled to either a full refund of monies paid by you to us or transfer to another Contiki vacation without payment of any transfer fee.

• 3.4 If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Contiki’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.

• 3.5 Contiki is not responsible for any other travel arrangements affected due to our cancellations or rescheduling of any tour departure.

4. VACATION DETAILS AND CONDITIONS

• 4.1 The information in our brochure is correct to the best of our knowledge at the time of going to print (October 2008) but we cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.

• 4.2 With respect to our touring program, Contiki will do our best, at our discretion, to select accommodation, sightseeing tours and transportation to give you good value for money.

• 4.3 Contiki constantly strives to improve tour itineraries and features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries and to substitute hotels. Contiki is not responsible for any other travel arrangements affected due to our cancellations.

5. LIABILITY

• 5.1 Your travel agent shall, on the receipt of any monies, hold such monies for you until the booking is confirmed at which time those monies shall be remitted promptly by your travel agent to us. All such monies received by us will be deposited as required by law.

• 5.2 We will be entitled to keep for our account any interest earned on such monies.

• 5.3 All monies paid by you to us through your travel agent or otherwise, whether in respect of the deposit or full payment, may be disbursed by us as and when we see fit, in respect of the services to be provided and/or fees payable under your selected vacation. The payment of a deposit or any other monies in respect of your vacation shall be deemed to be an authorization for disbursement thereof as aforesaid.

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YOUR RESPONSIBILITIES

1. BOOKING YOUR VACATION

• 1.1 In order to reserve your vacation, a deposit of US$200, per person per tour, or the full amount payable if booking is made within 45 days of departure from Canada, must be submitted to Contiki within 7 days in respect of that vacation. This payment is in addition to any deposit required by your travel agent. The deposit is accepted as a first installment of the vacation price by Contiki only once the booking has been confirmed in writing by Contiki or your travel agent. The initial deposit of US$200 per person must be made by credit card.

• 1.2 Your land reservation will be confirmed on receipt of a non refundable deposit of US$200 per person, per tour which must be within 7 days of booking or the reservation will automatically be cancelled.

• 1.3 Any special meal requirements will be made on a request basis only. Contiki cannot guarantee special meal requests nor will it assume any responsibility or liability if clients’ special meal requirements are not fulfilled.

• 1.4 Travel documents and instructions for joining your tour will be sent to you approximately 21 days before departure (provided full payment has been received). If final payment is not received when due, costs to courier documents will be the responsibility of the Travel Agent.

2. PAYING THE BALANCE

• 2.1 The balance of the vacation price must be paid by no later than 45 days before the scheduled vacation departure date from Canada which shall be by the due date stated on the confirmation issued to you by Contiki.

• 2.2 If payment isn’t made by the due date, Contiki may assume that you have cancelled and cancellation charges in accordance with clause 3 below will be levied by Contiki.

• 2.3 Tickets and other documents won’t be forwarded until full payment has been received by us. Travel agency cheques must be received within 7 business days from the date payment is called in.

• 2.4 In the case of Late Bookings made within 45 days of your departure from Canada, the full cost of the vacation will be payable immediately on booking and we reserve the right to provide all travel documents at the vacation departure point.

• 2.5 Contiki reserves the right to cancel the booking and apply cancellation charges should payments not be received within the above specified periods.

• 2.6 Your authorization to use your Credit Card number for deposit and/or final payment indicates your compliance with our booking conditions, whether or not you have actually signed the appropriate draft. Verbal authorization of the use of your Credit Card confirms your reservation. MasterCard, Visa and American Express are accepted. Credit Card payments are not accepted for group bookings. A signed sales draft is required. If you wish to change a credit card payment after it has been processed, change fees will apply. For security purposes, we are required to collect the passenger’s credit card billing address as well as the customer verification code.

3. IF YOU CANCEL

• 3.1 Notice of cancellation must be made in writing to Contiki.

• 3.2 If you cancel, your deposit will not be refunded nor can it be credited to any other booking.

• 3.3 Upon cancellation you will be liable to pay a fee to cover the estimate of cost and expenses incurred by us in the terms of the schedule set out hereunder. This is expressed as a percentage of the vacation price and is calculated as follows:

PERIOD OF NOTICE	CANCELLATION FEE
Number of days prior to tour commencement	as % of total price
45 days or more notice	The non-refundable deposit plus the Travel Protection Plan’s insurance premium is forfeited
44-22 days:	25%
21-8 days:	30%
7-1 days:	50%
Day of departure:	100%

Where the percentage cancellation fee is less than the tour deposit, the cancellation fee will equal loss of deposit. If the reason for cancellation falls within the terms of any vacation insurance policy which you hold, then any such charges may, subject to the terms of your insurance policy, be refunded to you by the insurance company.

• 3.4 Any cancellation of additional services booked prior to and after your tour or resort booking, such as pre and post accommodation and transfers, that are cancelled within 14 days of the tour departure incur a 100% cancellation fee.

• 3.5 These cancellation fees are in addition to any cancellation fees that may be levied by your Travel Agent.

• 3.6 If flight changes are requested after the deposit has been received, or if flights are cancelled after tickets are issued, revision fees, change fees or Airline cancellation fees will be applicable and will be in addition to the above cancellation charges. In some cases, airline tickets are 100% non refundable.

4. IF YOU CHANGE YOUR BOOKING

• 4.1 If after your booking has been confirmed, you wish to change to an alternate departure date or you wish to change to a different Contiki vacation, you may do so subject to availability and provided the new vacation date is also in this brochure.

• 4.2 A fee of US$30 per person will be charged for any revision or alteration made to a reservation after the booking is confirmed unless the change increases the value of the booking. A change of tour date or tour itinerary within 45 days of departure date will be treated as a cancellation, and normal cancellation fees will apply except when the change is to an earlier tour departure of equivalent or greater value in which case a US$30 per person amendment fee will be charged.

5. VACATION DETAILS AND CONDITIONS

• 5.1 Please read the brochure carefully for those items included in the price. No allowance or refund can be made for meals, accommodation, excursions, etc. that you elect not to take, or when museums, shops, etc are closed. Hotel facilities may vary from place to place. Meals may vary in style.

• 5.2 Contiki holidays are specifically designed and marketed for those in the 18 through 35 age group. Consequently the facilities and activities on a Contiki vacation are not appropriate to persons outside this age bracket. If you have a question regarding the age groups, you are welcome to discuss this with a member of the Contiki staff.

• 5.3 Passengers with disabilities are welcome on Contiki tours, but Contiki is not responsible for the failure of any of its contractors, sub contractors, or employees to provide such special needs or services, including wheelchair accessible facilities. If your disabilities require you to have accompaniment when traveling it is a condition of Contiki accepting your booking that you provide evidence satisfactory to Contiki (via your Travel Agent) that you will be accompanied by an able bodied person on the tour and provide full time such special needs or services you may require. Contiki will not be responsible for the failure of such person to provide same nor for any costs and expenses incurred by you if Contiki removes you from the tour if, in the opinion of the Tour Manager or Guide, your safety or well being is compromised or that of the other passengers by your failure to arrange for proper supply of your special needs and services.

• 5.4 You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the vacation.

• 5.5 There may be times when the Contiki Tour Manager or Representative has to make a decision in your best interest or the best interests of their group. You agree to comply with the authority and decisions of the appointed Contiki Tour Manager or Representative and the laws of the country in which you are traveling. If you do not so comply or if, in the Contiki Tour Manager’s or Representative’s opinion, you are not compatible with the general enjoyment and well being of other members on the tour or the smooth operation of the vacation itself, we reserve the right to refuse to let you continue with the our. Furthermore you agree that your fellow travellers and any Contiki Representative has the right to travel/work in a safe environment. Any threats to their safety, well being or inappropriate behavior by you, whether verbal or physical, will be taken extremely seriously and may result in the immediate termination of your vacation. In either event, you will be responsible for your own repatriation and related costs and have no claims against us.

• 5.5.1 You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to hotel/Contiki Village staff and/or a Contiki Tour Manager as soon as it is discovered.

• 5.6 Where the passenger occupies a motorcoach seat fitted with a safety belt, neither the operator or service providers, agents or co-operating organizations shall be liable for any illness, injury or death or any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of the accident or incident.

• 5.7 It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected vacation as well as any necessary vaccinations and to comply with all applicable laws.

• 5.8 You agree that our Contiki Tour Managers or Representatives may take photographs and films of you while you are on vacation and that these may be used in our Group brochures and/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films.

• 5.9 Should you have a complaint in respect of the vacation, you should inform the Contiki Tour Manager or Representative during the course of the vacation and if the matter cannot be resolved after the representative’s best endeavours to do so during the vacation, your complaint should be made in writing to Contiki as soon as is reasonably possible after the vacation but within 42 days thereof so that your complaint can be investigated. Any claims made after the 42 day period will not be considered by Contiki. If you choose to write to Contiki via the Internet, please provide your home address so that we are able to reply to you in writing.

• 5.10.1 The contract and all matters arising in respect hereof shall be subject to English Law, unless we agree otherwise in writing.

• 5.10.2 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.

• 5.10.3 If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs.

6. INSURANCE

We strongly recommend that all clients take out vacation and medical insurance before they travel. Contiki offers a comprehensive package that can be tailor made to your vacation. A brief description of this coverage is shown on page 127. The complete limitations and exclusions are contained in the certificate of insurance sent to you with your final documents. Please ask your travel agent to ask Contiki when you make your booking. Please check that the insurance covers all of the activities that you are going to be participating in. Some policies exclude certain adventure activities. Contiki cannot be held responsible for your failure to take out appropriate insurance.

7. ILLNESS OR ABSENTEEISM

In the event of your withdrawal from a vacation after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the tour.

8. WHAT’S NOT INCLUDED IN THE VACATION PRICE

Airfares to and from your vacation destination, airport taxes, airport transfers, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, special needs and services required by handicapped clients (see 5.3 under Vacation Details & Conditions), tips to tour managers, representatives, drivers and local guides, items of a personal nature, excess baggage, optional excursions.

9. WEATHER CONDITIONS

Under no circumstances can we be held responsible for snow or weather conditions, nor can any vacation be cancelled or amended by you at any time on the basis of snow or weather conditions.

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GENERAL

1. CONTRACTING PARTIES

• 1.1 The Booking Conditions detailed herein contain the entire contract between you and Contiki. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorized officer or director of Contiki.

• 1.2 Your contract is with us as the tour operating company and not Contiki Holidays (Canada) Limited. At any time and at our complete discretion we may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which we may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.

• 1.3 Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time passengers are not on board planes, transportation or conveyances. We rely on international convention which may apply to the services provided by us, our suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. We are to be regarded as having all benefit of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to passengers and luggage. Enrollment in and payment for a tour shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this brochure which cannot be varied except in writing by an officer of the Company.

• 1.4 Contiki is not a carrier or hotelier nor does it own aircraft, hotels or coaches. All bookings with carriers, hoteliers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers, and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst we cannot accept any responsibility for an y loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give every reasonable assistance in helping to resolve any reasonable dispute. Please also note that Contiki cannot be held responsible for the failure of any of these parties to provide facilities or services for handicapped clients (see also 5.3 under Vacation Details & Conditions).

• 1.5 Please note that no airline or carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of a vacation from Contiki or as having any other legal relationship with any such purchaser.

• 1.6 Every effort is made to ensure brochure accuracy at the time of going to print, however Contiki cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.

2. DATA PROTECTION STATEMENT

In order to process your tour booking, Contiki Holidays will need to use personal information for you and other passengers included in your booking. This personal information may include each passenger’s name, address, phone number, email address, passport number, credit/debit card number and sensitive information such as health, medical, dietary, mobility, religious or other special requirements. This personal information may be passed on to other suppliers of your travel arrangements in addition to public authorities (such as customs and immigration), security and credit checking organizations, and otherwise as required by law. Similarly, we may also need to provide personal information to contractors who provide services to or for us (e.g., sending mail, processing payments, providing marketing assistance). This may involve sending personal information (including sensitive information) to other countries that may not afford the same level of protection of personal information.


We may also use the personal information you provide us to review and improve the tours and services that we offer, and to contact you (by post, email and/or telephone) about other tours and services offered by Insight Vacations that you may be interested in. If you don’t want to receive this information, or if you want a copy of the personal information we hold about you, write to us at Contiki Holidays, Attn: Marketing Department, 33 Kern Road, Toronto Ontario, Canada, M3B 1S9. Contiki Holidays may charge a fee for supplying you with this information as permitted by law.

2. VALIDITY

The touring programmes advertised in this brochure are valid from March 2009 to March 2010.

3. OPERATING COMPANIES

The programs advertised in this brochure are operated by Contiki Travel (Europe) Ltd., Picquet House, St Peter Port, Guernsey, Channel Islands, with the exception of the Great Britain and Ireland tours described on pages 55-59 which are operated by Contiki Travel (UK) Ltd. The principle operator of the Croatian Island Cruising product featured on p.72-73 is Katarina Lines. Their terms and condtions apply (available on request).

4. PASSENGERS WHO PURCHASE FROM WITHIN CALIFORNIA

This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to:
Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by faxing a request to: (213) 897-8846

5. PASSENGERS PURCHASING FROM OUTSIDE CALIFORNIA

This transaction is not covered by the California Travel Consumer Restitution Fund.

This business is a participant in United States Tour Operator’s Association’s (USTOA) Consumer Protection Deposit Plan. You may make a claim to this Plan if you are owed a refund. The Plan covers losses for transportation or travel services that were not delivered or not refunded when required. A passenger may make a claim against the plan within 12 months from when the passenger learns of the loss.

USTOA’s total liability for all possible consumer claims from this seller of travel’s customers is limited to $1,000,000.

To obtain information on how to make a claim against the plan, the passenger should contact USTOA at 275 Madison Ave., Suite 2014, New York, NY 10016, or by email to information@USTOA.com or by visiting their web site at www.USTOA.com. The maximum amount of any claim you, the passenger, can make against the plan is the total amount you have paid to date for this trip.

6. CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits those customers that are California residents to request certain information regarding our disclosure of your personal information to other parties for their direct marketing purposes. To make such a request, please send an email to webmaster@contiki.com.