The purchase of any vacation package or other services constitutes a contractual agreement and constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Therefore, please make sure that you have carefully read and understood these terms and conditions before making your purchase.
Maxxim Vacations Ltd. (operating as and hereafter referred to as “Maxxim Vacations”) reserves the right to modify or change the Terms and Conditions at any time without prior notice to you, therefore, we urge you to read them carefully each time you purchase any vacation package or other service.
1. PAYMENTS: A non-refundable deposit or full payment must be received by Maxxim Vacations as follows;
- 45 days or more prior to departure: $300 per person within 72 hours of reservation*
- 44-0 days prior to departure (unless payment is a personal cheque then see below) full payment at time of booking. Regardless of when you have booked your trip and paid the deposit, forty five (45) days prior to travel, full payment must be received or if applicable will be taken on credit card. **(see below note on credit card bookings)
- Travel Insurance must be confirmed within 48 hours of making reservation.
- Ticketing deadlines may impact when final payment is due
- Payments for deposit and or final payment are accepted by credit card (Visa, Mastercard), personal cheque or bank draft, wire transfer, and Electronic Funds Transfer. Payments by personal cheque will not be accepted for new reservations within 45 days of departure. Additionally, payments by personal cheque for final payments must be received 55 days prior to departure to allow for processing at our banking institution. Note, conversion of US payments by cheque is subject to the exchange rate of our banking institution and beyond the control of Maxxim Vacations, please consult the accounting department of Maxxim Vacations prior to forwarding payment in US funds.
*Reservations including Fogo Island Inn, a deposit of 10% of package price is due at time of booking.
**Reservations including Fogo Island Inn, final payment is due sixty-five (65) days prior to travel.
2. CREDIT CARD BOOKINGS: Your authorization to use your Credit Card number for deposit and/or final payment indicates your compliance with our booking Terms and Conditions, whether or not you have actually signed the appropriate draft. Verbal authorization of your Credit Card confirms your reservation. Forty five (45) days prior to travel*, full payment will be taken on the Credit Card number provided at the time of deposit (unless Maxxim Vacations has been previously notified in writing notified to change the Credit Card number on file).
* Reservations including Fogo Island Inn, final payment is due sixty-five (65) days prior to travel.
3. IF YOU CHANGE YOUR RESERVATION: If, after your reservation has been confirmed, you wish to alter the arrangements (hotel room category, vehicle category, change of hotel), Maxxim Vacations will try to satisfy your requirements. If such a change is made at any time 45 days or more prior to departure, or before travel documents are sent, a $75 administration charge per file will be applied. If within 30 days of departure, however, you wish to make a change to your reservation, this will be treated as a cancellation and rebooking, and cancellation charges will be applied as described below. No name changes permitted at any time. Once full package has been sent no changes can be made.
4. CANCELLATION CHARGES: Vacation packages are non-refundable. We recommend the purchase of travel insurance; please ask your travel agent for details.
5. TRAVEL INSURANCE: We highly recommend that our clients obtain insurance to protect their vacation investment. A short-term travel insurance policy can cover non-refundable trip costs due to personal or family illness or accident. Maxxim Vacations has no liability or responsibility whatsoever in the event of insolvency or bankruptcy by any of the suppliers selected for your trip. We highly recommend that our clients purchase a travel insurance policy that protects their investment from these or other potential losses. Maxxim Vacations does not offer trip insurance.
6. LIABILITY OF SUPPLIERS: Maxxim Vacations makes arrangements with suppliers who provide travel services and activities provided in your package. Although we try our best to choose the most reputable suppliers, we cannot be responsible for their acts or omissions. The package is subject to the conditions imposed by these suppliers. Maxxim Vacations acts only in the capacity of agent for the client or for the supplier of the goods and services rendered and as such, maintains no control over the personnel, equipment, operations or goods of the said supplier. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements.
7. LIABILITY OF MAXXIM VACATIONS: Maxxim Vacations will not assume responsibility for any claims, losses, damages, cost or expenses arising out of personal injury, accidents or death, loss, damage or delay of baggage or other property, or delay, inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, especially if such loss results from any of the following: The act of omission of any party other than Maxxim Vacations or its employees.
Your failure to follow instructions including but not limited to airport departure times, baggage handling, and check-in and check-out times; Cancellation or change for any reason in the travel services offered. We reserve the right to cancel or change the travel services at our discretion, but we will try to substitute comparable services. If we must completely cancel your reservation, and in any event, Maxxim Vacations’ liability will be limited to a refund equal to the total original purchase price of the vacation package. A full refund, however, will not be honoured in situations where your reservation must be cancelled by Maxxim Vacations for reasons which are beyond its control and where Maxxim Vacations’ contractual obligations with its suppliers does not allow it to obtain reimbursement of the sums paid to the supplier of behalf of the customer. Written notice or any claim against Maxxim Vacations must be received no later than fourteen (14) days after your return from your trip.
8. FORCE MAJEURE: Maxxim Vacations cannot be held liable for any delay, loss of personal belongings, injury, accident, mortality, damage, inconvenience, loss of enjoyment, upset, disappointment or frustration, either mental or physical, owing to a force majeure, that is to say, an unforeseeable event such as, but not limited to, the following:
- any unjustifiable or negligent act or omission on behalf of a service provider or an employee thereof;
- any illness, theft, trade dispute, mechanical breakdown, quarantine, war, terrorism, government constraints, civil unrest, poor weather conditions, closing or poor state of repair of an access road, or other factors over which no reasonable control can be exercised by either Maxxim Vacations.
9. SPECIAL CARE AND ASSISTANCE: All consumers requiring special care, assistance, attention or treatment must advise Maxxim Vacations of any and all specific needs at the time of booking, in order to advise suppliers of requirements. Please note not all accommodations are properly equipped to handle consumers requiring special care and assistance.
10. SUBSTITUTION OF SERVICES: Some substitutions for accommodations may be required. This could affect quoted prices. We reserve the right to cancel a tour or modify the travel service you have purchased by substituting services, varying the itinerary, or otherwise. In all cases you will receive a comparable or superior product. In the event of a cancellation, our liability will be limited to the purchase price of the travel service only and we shall not be liable for any claims, demands, losses and damages of any nature or kind whatsoever you may have by reason of our modification to, or cancellation of the travel service. Furthermore, suppliers may have the right to substitute other suppliers in their place with or without notice to us or to you. We do not assume responsibility for any claims whatsoever resulting from such substitution.
11. AIR ARRANGEMENTS: Airfare may be purchased through Maxxim Vacations. All carriers are independent operators and are not owned, managed or operated by Maxxim Vacations. Your airline ticket is a contract between you and the air carrier only, even if you purchase through Maxxim Vacations. By purchasing your air services through Maxxim Vacations waive all liability for Maxxim Vacations for such air services. Airline tickets must be paid in full at time of booking on the clients credit card. The terms and conditions for airline tickets are imposed by the airline please see your airline reservation confirmation for details.
Maxxim Vacations is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through Maxxim Vacations, we will try to assist in making new arrangements providing you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements including amendments to return services. Please be aware airline fees often apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules or delays. These fees will be payable to the airline directly at time of request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Maxxim Vacations for portions of trips missed due to canceled, rescheduled or delayed flights after airport check-in, nor is Maxxim Vacations responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
12. CAR RENTALS: Rental charges are based on a 24 hour clock and the drop off time must coincide with the pick up time to minimize additional charges. Your package includes concession fees, however insurance and gas are not included. Car rental companies require a major credit card upon pick up. Additional drivers and minimum age requirements resulting in extra charges are to be paid locally.
13. PRICES: (a) All prices in this publication are quoted in Canadian dollars unless otherwise stated. These prices are effective at the time of printing of this publication although they are subject to change without notice. Prices are based on availability at time of booking. (b) Once your holiday is paid in full, you are guaranteed against future price increase provided no change is made to the original booking. (c) Prices for individual components of the packages are not available. (D) Prices quoted in US dollars are based on exchange rate at time of printing. Maxxim Vacations assumes no responsibility for any change in price due to fluctuations in currency
14. PROOF OF CITIZENSHIP AND TRAVEL DOCUMENTS: It is the full responsibility and at the expense of consumers to obtain all documents required by all relevant government authorities. A valid Canadian passport is recommended for travel outside Canada, including travel to the USA, as this is the most assured identification both for entry into another country and re-entry to Canada. Likewise, a valid U.S. or other passport is required for travel to Canada. Passports may have to be valid for at least six months beyond the date of the expected return to your country of citizenship. Canadian citizens must show proof of Canadian citizenship and valid photo identification for destinations where passports or visas are not required. Since birth and baptismal certificates do not have photographs, they are not accepted without accompanying valid photo identification. All documents presented must be originals. Consumers failing to provide the required documents may be denied boarding privileges by the carrier or relevant authorities, without further recourse or the possibility of a refund. No refund or replacement will be given for lost or stolen travel documents.
15. SEVERABILITY: The Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. GOVERNING LAW: This contract shall be governed by the laws of the Province of Newfoundland and Labrador and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the Province of Newfoundland and Labrador, Canada, in all disputes arising out of or relating to the Terms and Conditions and your relationship with Maxxim Vacations. No representative of Maxxim Vacations has authority to modify or waive any provision of the contract. Each deposit or monies paid, including verbal or written authorization to charge such monies to your credit card or account, will represent the passenger’s acceptance of the above-mentioned conditions.
I agree that the arrangements supplied by Maxxim Vacations are as requested. I have read the terms and conditions of this agreement as stated above and understand that it is my responsibility to obtain the correct documentation necessary for entry into my destination.