1. General Terms & Conditions
Please read the following information carefully, as the terms and conditions described herein constitute an agreement between you and those who provide the service. If you decide to book and travel with ROCKY-PEAK HOLIDAYS and make payment on a tour, you thereby agree to accept the terms and conditions of this contract.
All quotes are in Canadian (CAD) dollars, US (USD) dollars, Australian (AUD) dollars or U.K. Pound Sterling (GBP) depending on your country of origin. Please refer to Section 4 for further details regarding GST. Prices and information are for the 2015 season and are subject to change without notice.
3. Exchange Rate
The exchange rate used in calculating the published prices has been determined by ROCKY-PEAK HOLIDAYS based upon current and expected currency exchange rates at time of publication. As such, the converted USD, AUD or GBP prices should only be used as a guide, and may differ from the price at actual time of booking. ROCKY-PEAK HOLIDAYS cannot be held responsible for any changes that may occur and reserves the right to increase the price of any travel arrangement up to the date of departure. This includes, but is not limited to, exchange rate adjustments, fuel surcharges, and airfare increases. Deposits along with final payments must be in the same currency as the booking. Changes to bookings such as alterations to services, or cancellations are charged in the same currency of the original booking, and each change is subject to the current pricing as per the date of change.
4. Canadian Goods and Services Tax (GST)
All prices are subject to GST, which will be charged upon confirmation of booking. Currently, the Canadian GST rate is 5%. Other sales taxes vary by province in Canada, therefore applicable taxes may vary for travel departures initiating outside of British Columbia. Guests who are not residents of Canada are eligible for a rebate of the GST paid on short-term accommodation. If they are purchasing their rail tour from outside Canada, ROCKY-PEAK HOLIDAYS may claim the rebate on their behalf. The result is a 50% reduction in the tax rate. When non-resident guests purchase their rail tour while in Canada, ROCKY-PEAK HOLIDAYS charges GST at the full rate, and any GST rebate to which a visitor to Canada may be entitled must be claimed from the Canada Customs and Revenue Agency directly by the guest. This short-term accommodation rebate is subject to change without notice and does not apply to cruise or overnight rail trips.
Note: Canadian taxes are subject to change. As such, guest billings may be adjusted as required.
5. Rail-Only and Package Tour Inclusions
The following costs are not included unless otherwise specified: GST, fuel surcharges, transfers, gratuities, alcoholic beverages, meals, room service or other hotel incidentals, items of a personal nature, and all other items not specified in the description of the applicable tour. If one of our packages does not meet your requirements, we will be pleased to customize your rail tour package. Ask your Vacation Consultant for details. Individual tour component pricing breakdowns are not available.
6. Self-Drive Packages and Car Rental Policies
Minimum requirements for car rental:
If the driver’s licence is not in English, an International Driving Permit is strongly recommended. This is required for translation purposes to confirm the validity of the driver’s licence for the safety of renters and for the car rental company.
A credit card deposit will be required at time of car rental pick-up to cover costs not included in the Rocky Mountaineer package. These costs are the responsibility of the renter and are payable when the vehicle is returned. A car rental day is based on a 24-hour period. For example, if you have a 3 day car rental and you pick up your car at 10 am, it must be returned at or before 10 am 3 days later; otherwise, you will be charged an extra day’s car rental. Please provide approximate pick-up time and location at time of reservation. Confirmation of drop-off time will be provided when the car is picked up.
Rates do not include hotel parking charges, gasoline, Loss/Damage Waiver (LDW), Personal Accident Insurance (PAI), meals, attractions, passage by ferry, port taxes, child seats, drop-off charges if the vehicle is not dropped off at the location specified in the itinerary, any applicable charges for additional drivers, upgrades to a higher car class, additional rental days, any other optional charge or service charges, and GST. Pick-up or drop-off at an airport may be subject to an additional charge by the car rental company.
7. Possible Alterations
ROCKY-PEAK HOLIDAYS reserves the right to modify, alter, or substitute all or any part of its services when reasonably necessary or advisable. Should this occur, ROCKY-PEAK HOLIDAYS agrees to provide the best alternative reasonably available. Every effort will be made to adhere to the specifics shown herein; however, circumstances may necessitate alteration, including the occasional accommodation change from properties listed. Hence, all fares, schedules, itineraries, hours of arrival and departure, air schedules, and special programs are subject to change without notice at any time. ROCKY-PEAK HOLIDAYS will not under any circumstances be liable to refund the charges as a result of modification, alteration, or substitution of services, subject only to the limited claims in respect of cancellation by ROCKY-PEAK HOLIDAYS set out in section 13 of this Agreement.
8. Supplier’s Liabilities
ROCKY-PEAK HOLIDAYS act as an agent for and make arrangements with the train companies, airlines, hotels, bus lines, and other independent parties to provide you with travel services and accommodations. Although great care is taken to choose suppliers, we are unable to directly control them and therefore we are not responsible for their acts or omissions. The travel services provided by these suppliers are subject to the conditions imposed by the suppliers, and their liability may be limited by their tariffs, conditions of carriage, and international conventions and agreements.
9. Company Liability
You assume all risks of your participation in rail tour operations, travel services, accommodations, and other services, facilities, products, or events provided in connection with this Agreement (all of which are collectively referred to as the “Tour”), and you waive and release all claims that you may have or acquire against ROCKY-PEAK HOLIDAYS, and their respective officers, directors, employees, and agent (all of whom are collectively referred to as the “Releasees”) arising from or related, directly or indirectly, to the Tour, including claims arising from the negligence of any Releasee, and including (without restriction) claims for or arising from personal injury, death, property damage, delay, inconvenience, advertising, misrepresentation, loss of revenue or profit, loss of enjoyment, upset, distress, or frustration, whether physical, mental, or otherwise, expenses, travel, or accommodation costs, claims for punitive damages, claims for unjust enrichment, profits, waiver of tort, non-monetary loss, injunctive relief, or any other form of remedy, subject only to the limited claims in respect of loss of luggage or cancellation by Rocky Mountaineer set out in sections 12 and 13 of this Agreement.
10. Force Majeure
ROCKY-PEAK HOLIDAYS will not be responsible for the performance of this agreement if prevented or delayed by acts of God, strikes or other labour relations matters, accidents, weather, traffic, airport conditions, lack of performance by third party suppliers, or other causes beyond their reasonable control from meeting its terms. Nor will they be responsible for any loss or damage relating to train cancellations or any other cancellations. ROCKY-PEAK HOLIDAYS reserve the right to decline to accept or retain any person as a tour participant should such person’s behaviour, health, or mental condition be detrimental to the operation of the tour or to other passengers. ROCKY-PEAK HOLIDAYS are not liable for any expenses arising as a result of exercising this right.
11. Passport/Visa/Health Regulations
Passports: If travelling from outside Canada (including from the USA) you will require a passport for entry into Canada and appropriate Identification (ID) for all family members. All passengers travelling on our Coastal Passage route will require a valid passport and/or visa (depending on their citizenship).
Airlines and Cruise Ships reserve the right to refuse boarding without adequate ID.
Visas: Check with your travel professional, Immigration Canada, or United States Customs and Border Protection. ROCKY-PEAK HOLIDAYS is not responsible for guests refused entry into Canada or the United States because of inadequate documentation. For further information regarding entry requirements into Canada, please contact Immigration Canada. Single parents or grandparents travelling with children must ensure proper documentation is obtained for entry into Canada.
Health Regulations: There are no vaccination requirements for international travellers into Canada.
The luggage or articles accepted and transported on the Rocky Mountaineer are subject to Rocky Mountaineer’s luggage policy and conditions as set herein.
Guests travelling on the Rocky Mountaineer are limited to two checked pieces of luggage per person (in addition to the carry-on overnight luggage required for the RedLeaf Service two-day rail tour portion on the Rocky Mountaineer). Total checked luggage weight per person is not to exceed 30 kg (66 lb). Each piece of luggage must have an identification tag attached to it, which includes name, return address, and telephone number.
Note: RedLeaf Service guests will need to pack a small overnight bag for their stay in Kamloops or Quesnel, as their main luggage will not be available on these evenings. Overnight bag not to exceed 23 cm x 92 cm x 46 cm (9” x 36” x 18”). GoldLeaf Service and SilverLeaf Service guests’ luggage will be delivered to their Kamloops or Quesnel accommodation. All guests travelling on the Rocky Mountaineer should carry any medications or necessary belongings with them onboard the train.
Oversized items, e.g., sports equipment, may be subject to a surcharge.
Passengers are prohibited from carrying weapons, firearms, ammunition, incendiary devices, explosive, flammable, hazardous, illegal, or radioactive materials or other potentially dangerous items. Rocky Mountaineer has the right to search any passenger’s luggage or personal effects for any such items and in its sole discretion may confiscate, store, destroy, or surrender to an appropriate authority any item that it reasonably considers is or may become dangerous, and to refuse boarding, or remove, any passenger who declines to cooperate in such a search or to surrender such an item.
Money, jewelry, negotiable papers, cameras, video and electrical equipment, electronic devices, computers and accessories, cellular telephones, medical equipment, sporting goods, wheelchairs, personal mobility devices, walkers, and strollers are checked at the owner’s risk. Rocky Mountaineer is not responsible for any loss or damage caused to or by these articles and they are subject to Rocky Mountaineer’s Maximum Liability policy.
All pets or animals (excluding qualified service animals for guests with disabilities) are prohibited from travelling onboard the Rocky Mountaineer.
Maximum Liability: Maximum Liability for loss or damage to personal checked baggage and specialty items is limited to a maximum of $500 CAD per piece of checked luggage. Rocky Mountaineer will not cover full replacement cost of misdirected or damaged luggage and contents. Liability is restricted to personal luggage consisting of wearing apparel, toilet articles or similar effects for personal use and comfort, as well as articles other than personal luggage, which may be checked and handled in accordance with Rocky Mountaineer’s luggage policy. Liability does not apply to carry-on luggage, items transported for or belonging to other persons, or items intended for sale. Rocky Mountaineer is not liable for damage resulting from over-packing or non-structural damage considered normal wear and tear, such as scratches, scuffs, nicks, missing pull straps, zipper damage, damage to wheels, manufacturers’ defects, soils, stains, or spillage. Please contact a Rocky Mountaineer representative if you have any questions about the materials you intend to transport. Except as specifically provided in this paragraph, loss or damage to luggage will be subject to the limitation of liability contained in section 9 of this Agreement.
VIA Rail: Please note that a maximum baggage weight of 32 kg (70 lb) applies onboard VIA Rail.
Other Tours: Certain tour products have baggage restrictions due to either accommodation style or transportation requirements. Please refer to your documentation for full details.
13. Deposit, Payment, and Cancellation Policies
A deposit must be received at the time of booking to confirm your reservation, and must be in the same currency as the booking. See the deposit schedule specified in your final quote or on your invoice.
Final payment must be received no later than the date specified in your final quote or on your invoice. VISA, MasterCard and PayPal (Including Visa, MasterCard, American Express, Discover, eCheck) are acceptable forms of payment in addition to cheques and bank transfer (wire payment) . Final payment must be in the same currency as the deposit and booking.
For cheques drawn on financial institutions outside Canada, an additional 15-day period is required to permit international bank clearance procedures. Cheques should be made payable to “ROCKY-PEAK HOLIDAYS”.
Please submit payment to:
P.O. Box 25205
Mission Park RPO
Kelowna, BC Canada V1W 3Y7
Fax: 403.675.0970 Tel: 604.670.6060
Credit Card Bookings
For payment by credit card, please have the following information available:
To confirm the reservation, authorization can be made verbally by phone at 604.670.6060. Authorization to use a credit card number indicates compliance with our booking terms and conditions.
Credit card payments must be in the same currency as the booking. Final payment must be in the same currency as the deposit and booking. Some credit card issuing banks may charge an additional fee for this type of sale. Check with your bank to see if this is applicable.
Cancellation by ROCKY-PEAK HOLIDAYS
Our suppliers (such as train companies, airlines, hotels, bus lines) may, at their sole discretion, cancel a tour or portion of a tour at any time, including during the course of the tour, and in that event will repay the deposit or charges for the tour or, where appropriate, a reasonable pro rata share thereof. In the event of cancellation of a tour in progress, our suppliers will select and make available alternative return transportation by bus or other means from the point of cancellation to the location where the cancelled tour was scheduled to conclude, or the place of its commencement, and reasonable accommodation (if any) required in the course of that return transportation. In no circumstances will ROCKY-PEAK HOLIDAYS be liable to provide or pay for any further payment, compensation, transportation, or accommodation including (without restriction) further transportation to your home or any other location. Except as specifically provided in this paragraph, the cancellation of a tour or portion of a tour by ROCKY-PEAK HOLIDAYS will be subject to the limitation of liability contained in section 9 of this Agreement.
Cancellation by Passenger
If you cancel a confirmed reservation, notification from you or your travel agent must be received by telephone in Rocky Mountaineer’s office. A written notification must follow immediately by fax to 403.675.0970, by mail to the office address, or by email.
Note: A change in train departure date (either rail-only or as part of a package) is considered a cancellation. Charges will be calculated per person and based on the date the cancellation notice is first received. There will be no exceptions to any of the charges. Please note the cancellation policy schedule is in your final quote and on your invoice. Cancellation charges may be subject to GST.
Change Fee Policy
A fee per person will be applied to each change made to the itinerary once the original booking has been confirmed. Within 30 days prior to departure, no changes are permitted. These fees will be charged in the same currency as the original booking and are available upon request.
A change fee will not be administered for an addition or upgrade of service. For a change in train departure date, refer to our cancellation policies. If there are any charges incurred by ROCKY-PEAK HOLIDAYS as a result of changes made, they will be applied to the booking in addition to the change fee.
Requests for refunds must be directed in writing to your travel agent or ROCKY-PEAK HOLIDAYS. No refunds will be made because of airline delays, unused services, or other acts beyond the control of ROCKY-PEAK HOLIDAYS or the suppliers we work with.
It is strongly recommended that you purchase trip cancellation insurance to protect your holiday investment; talk with your vacation consultant to find out what options you have. Should you upgrade the total cost of your vacation package, make sure you upgrade your insurance coverage to ensure the total amount of your trip is covered. Specific terms, limitations, and conditions apply to all travel policies purchased. Please ensure you understand your policy before you travel.
15. Last-Minute Bookings
Last-minute bookings are welcome; however, at the time of request, a credit card guarantee of full payment is required. Late package bookings require a minimum of 24 to 48 hours to request and confirm availability. Upon confirmation, the full credit card payment will be processed.
16. Travel Documents ("eDocs")
To receive your travel documents (eDocs) prior to departure, final payment must have been received by the due date specified in your final quote or invoice. Your travel documents will be sent to you electronically at least 30 days prior to departure. If a booking is made within 10 days of departure, travel documents will either be sent electronically or they will be available for pick-up at the train station on the day of departure for rail-only bookings or at the first-night hotel for package tours. Guests will be advised of their Kamloops or Quesnel accommodation upon check-in at the departure station.
17. Rail Connections
Please arrive at the departing train station a minimum of 30 minutes prior to boarding time to ensure your luggage is checked and your travel documents are in order. We strongly recommend that you not make onward travel arrangements the night of arrival at your destination. Train travel in Canada is subject to unforeseen delays, and departure and arrival times cannot be guaranteed. ROCKY-PEAK HOLIDAYS will not be responsible for missed connections.
18. Photographs and Recordings
Passengers agree that they will utilize any photographs, video, film, or other visual or audio recordings made during their journey solely for personal, non-commercial purposes. Passengers grant to Rocky Mountaineer an irrevocable, perpetual worldwide licence, to utilize any such visual or audio recordings of or including the portrayal or likeness of the passenger for any purpose, including the advertising or promotion of the services of Rocky Mountaineer, without payment of compensation, and any such portrayal or likeness will be the exclusive property of Rocky Mountaineer.
19. Governing Law
This Agreement and the rights and obligations of the parties under or arising from or in relation to it are governed exclusively by and shall be construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein.
All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre, pursuant to its Rules, before a sole arbitrator. The place of arbitration shall be Kelowna, British Columbia.