Terms of Sale

In compliance with the Travel Agents Act (CQLR, c. A-10), its Regulation (A-10, r. 1), the Consumer Protection Act (P-40.1) and the Civil Code of Québec.

1. Scope and acceptance

These general terms of sale (“GTS”) govern any contractual relationship between 9551-4022 Québec inc., doing business as “Voyages DARE” (“Voyages DARE,” “we”), an agency holding general licence no. 703777 issued by the Office de la protection du consommateur (“OPC”) and holding FICAV bond no. 202612359052, and any person (“you,” the “client”) who books a travel service through us. Any booking constitutes full and complete acceptance of these GTS as well as our privacy policy.

In accordance with section 16 of the Consumer Protection Act, in case of doubt or ambiguity, these terms shall be interpreted in favour of the consumer. These GTS do not replace the rights granted to you by the Travel Agents Act, its Regulation, the Civil Code of Québec and the Consumer Protection Act.

2. Role of the agency — obligations and joint liability

Voyages DARE designs and operates its own group tours, and also acts as an intermediary between the client and travel service suppliers (carriers, hoteliers, cruise lines, inbound operators, insurers). Under articles 1523 and 1525 of the Civil Code of Québec and section 41 of the Consumer Protection Act, our liability is joint and several with that of the supplier for the travel services described in the contractual documentation.

In accordance with article 2100 of the Civil Code of Québec, the contract entered into with the client entails an obligation of result, except in cases of force majeure (article 1470 CCQ). Our professional obligations cover the choice of suppliers, assistance, information, compliance and safety.

3. Booking, deposit and payment terms

The booking becomes firm upon receipt of the required deposit and the written confirmation issued by Voyages DARE. The invoice may serve as the travel services contract within the meaning of the Civil Code of Québec. The information provided (names, dates of birth, passport numbers) must be strictly identical to your travel documents; any late correction may result in fees charged by the supplier.

Payment structure:

The deposit confirms your spot. If the balance is not paid by the due date, the booking may be cancelled and the fees set out in section 8 apply. Card transactions are processed by a PCI-DSS-compliant provider. For a purchase made at a distance, you have recourse to a chargeback from your credit card issuer when the service was not provided (CPA s. 54.14).

4. Contract entered into at a distance

When the booking is made by telephone, email or through our website, it is a distance contract within the meaning of the Consumer Protection Act. Before entering into such a contract, Voyages DARE provides you in writing with: the name, address, telephone number and email of the agency; the detailed description of each service and the date on which it will be rendered; the price details, taxes, the amount of the FICAV contribution and the currency if it is not Canadian; potential additional fees; the cancellation and modification conditions; as well as the option to accept, refuse or correct the offer.

The air ticket issuance date, which triggers specific cancellation fees (section 8), is communicated to you in writing before the contract is entered into. If the booking is made by telephone, a written copy of the contract is sent to you within 15 days following the transaction.

5. Prices, inclusions and FICAV contribution

Prices are shown in Canadian dollars (CAD), per person, double occupancy. Unless otherwise stated on the tour sheet, they include international flights departing from Montréal, domestic flights during the tour, accommodation and the meals listed in the itinerary. They exclude travel insurance, gratuities, personal expenses, the single-room supplement and any service not mentioned.

In accordance with the Regulation respecting travel agents, a client residing in Québec must contribute to the Compensation Fund for Customers of Travel Agents (FICAV). The percentage varies according to the fund’s accumulated surplus (0.35% up to $75M; 0.20% up to $100M; 0.10% beyond); the applicable rate is the one in effect published by the OPC at the time of the transaction. The amount and percentage of the contribution appear on your invoice. The amounts you pay are held in trust in a trust account (A-10, s. 33.2).

6. Price change after the contract is entered into

The price shown on the invoice may be changed after the contract is entered into only under the strict conditions provided by the Regulation:

• Permitted grounds, and only those: a fuel surcharge imposed by a carrier, OR an increase in the applicable exchange rate, measured 45 days before the services are provided, equal to or greater than 5% compared to the rate on the contract date.
• Time limit: no increase is possible within 30 days of departure.
• Right of refusal: you may refuse any increase of 7% or more of the stated price (excluding GST and QST). Voyages DARE will then offer a full and immediate refund, or equivalent replacement services.

7. Travel insurance

Purchasing travel insurance (cancellation/interruption, emergency medical, baggage) is strongly recommended for a trip of this length. Cancellation insurance covers several of the fees set out in section 8. Voyages DARE may offer you insurance products as a distributor within the meaning of the Act respecting the distribution of financial products and services (CQLR, c. D-9.2), supervised by the Autorité des marchés financiers (AMF); where applicable, we will describe the product, its coverage and exclusions, the claims procedure and your right to cancel the insurance contract within 10 days of signing it. If you do not take out insurance, you acknowledge that you alone assume the financial risks associated with an unforeseen event.

8. Cancellation and modification by the client

Any cancellation or modification request must be sent to us in writing at info@voyagesdare.ca. The date the written notice is received determines the applicable fees.

Since our prices include international flights, one moment changes everything: the issuance of your air tickets. Once your tickets are issued, the carrier does not refund them. We communicate this date to you in writing at booking and remind you 15 days in advance.

The FICAV contribution is refunded to you if the trip is cancelled before departure, to the extent provided by the Regulation. Supplier fees (hotels, carriers) may be added when they are stricter than the schedule above; they are communicated to you at the time of booking. Voyages DARE administration fees may apply to any modification (change of name, date, destination); the exact amount is confirmed to you before any commitment.

9. Cancellation by Voyages DARE or by a supplier

In accordance with the Regulation, Voyages DARE may cancel a departure by giving at least seven (7) days’ notice before departure, for a valid reason (safety, operational conditions, or the minimum number of participants not being reached when that minimum was stated in the advertising). In the event of force majeure within the meaning of article 1470 of the Civil Code of Québec, cancellation may occur within a period of less than 7 days.

In the event of cancellation by Voyages DARE or a significant change imposed by a supplier, you may: accept the proposed alternative; obtain an equivalent service at no additional cost; or obtain a refund of the amounts paid, subject to the suppliers’ conditions and the provisions of the law. You may also file a claim with FICAV for eligible amounts.

10. Your protections in the event of default

The Travel Agents Act provides three complementary levels of protection: the trust account; the individual security (bond) deposited with the OPC; and FICAV (compensation, reimbursement or repatriation when the service is not rendered — details: www.ficav.gouv.qc.ca). Travel insurance and credit card chargebacks are additional protections.

11. Travel documents, passport, visas and health

Voyages DARE provides you with the documents related to the services booked and paid for at the latest seven (7) days before departure (Regulation, s. 19). It is your responsibility to hold a valid passport (generally valid for six months after the return date), the required visas and any document required by the destination or transit country. You are responsible for informing yourself about health requirements (travel.gc.ca). Voyages DARE cannot be held responsible for a denial of boarding or entry due to incomplete, expired or non-compliant documentation.

12. Air transportation — Montreal Convention

International air transportation is governed by the Montreal Convention, incorporated into the Carriage by Air Act (R.S.C., 1985, c. C-26). For flights departing from or landing in Canada, additional compensation rules are provided by the Canadian Transportation Agency (otc-cta.gc.ca).

13. Limitation of liability

Subject to our joint and several liability (section 2) and the mandatory provisions of the law, Voyages DARE is not responsible for the acts or omissions of suppliers not covered by our joint and several liability, for cases of force majeure (art. 1470 CCQ), or for indirect losses or damages when the law does not require it.

No provision herein may limit the liability of Voyages DARE in cases where the law prohibits it.

14. Complaints and claims

Any dissatisfaction must first be reported on site to the supplier. A formal claim may then be sent in writing to Voyages DARE, accompanied by supporting documents. Failing an amicable settlement, the client may contact the OPC, the Small Claims Court or the competent courts of Québec, as well as FICAV for eligible amounts.

15. Protection of personal information

The processing of personal information is governed by our privacy policy, which complies with Law 25 and PIPEDA, available at www.voyagesdare.com.

16. Governing law and jurisdiction

These GTS are governed by the laws of Québec and the federal laws of Canada applicable therein. Any dispute shall fall under the competent courts of Québec, in particular the judicial district of the client’s domicile in the case of a consumer.

17. Amendments to the GTS

Voyages DARE may amend these GTS at any time. The version applicable to your file is the one in effect on the date of the booking confirmation.

18. Contact us

Document prepared with reference to the official manual “Lois et règlements applicables au secteur du voyage” (4^th edition, ITHQ/OPC). The amounts in the cancellation schedule and payment structure are subject to confirmation according to supplier conditions (inbound operator and air carrier).