Purchase Terms applicable when buying products and/or services (as defined in clause one (1) of the present document) sold by Kava Tours Inc. on the website www.routedesvins.com (the «Site») and Conditions of Use for the Site.
Between: any person navigating on the website at www.routedesvins.com and/or making a purchase for Products and/or Services available on the Site.
And: Kava Tours Inc. Legal person domiciled at 3 Place Ville Marie, Suite 400, Montreal QC H3B 2E3
(Hereinafter collectively referred to as the “Parties”)
CONDITIONS OF USE
1. SCOPE OF THE CONTRACT
The present Contract benefits and binds the Parties once the User navigates on the Site, and this notwithstanding the purchase by the User at Kava Tours of any Product and/or Service available at the moment or another on the Site (the “Products and/or Services”). If you do not wish to be bound by the Terms of this Contract, you must leave the site immediately. Kava Tours reserves the right to change or update any clause of the present Contract, at any time, without notice. It is therefore important for the User to frequently verify the present clauses.
2. COPYRIGHT PROTECTION OF THE SITE’S CONTENT
The User acknowledges and agrees that the Site is protected by copyright and all applicable laws and regulations covering rights with regards to intellectual property. This protection notably covers all of the content and elements of the Site including, without restricting the generality of the foregoing, photos, texts, headings, videos, titles, images, maps and the disposition and programming of the Site pages (“Protected Content”). Kava Tours is either the sole owner of the Protected Content and/or is authorized to use it by a third-party, who is either the author and/or the owner of the rights. For non-commercial personal use, the User will undertake to give credit and mention Kava Tours as the source as follows: “Credit: www.routedesvins.com”. For commercial use, the User must obtain prior written authorisation from Kava Tours. Any User that acts against any of the aforementioned obligations regarding intellectual property are open to civil or penal proceedings.
3. LIABILITY ASSOCIATED WITH THE USE
This Site may contain technical inexactitudes or typographic errors, notably due to irregularities in the database, in the programming of the Site or due to the compatibility with our web browser. The User understands that the Site is optimized for certain Internet web browsers and that the content may be displayed differently from one User to the next. Kava Tours does not guarantee the exactitude of any information contained on the Site, notably of the files from partners at wineries, cideries, restaurants or lodgings. Any information contained on the Site is subject to change and Kava Tours reserves the right to modify or delete any information or content appearing on the Site, and thus, unilaterally or without prior notification. Kava Tours acts prudently and diligently to protect the Users, their data and confidential information. Notably, the confidentiality and integrity of the data exchanged during transactions carried out on the Site are protected by an SSL Protocol type (Secure Socket Layer).
At all times during navigation, the User assumes all the potential risks associated with use of the Site and holds Kava Tours, their suppliers, their partners or any other person linked exempt of all responsibilities for damages resulting directly or indirectly to the use of the Site. Notably, the User exempts Kava Tours of all responsibility relative to the damages resulting from the use of the reservation, payment, or communication modules available on the Site, of the data exchanged during the navigation on the Site and the accuracy of any information thereon.
4. THIRD-PARTY SITES
Kava Tours is not, under no circumstances, responsible for the content and elements from third-party sites, including and without limiting the generality of the foregoing, photos, texts, headings, videos, titles, images, maps and the disposition and programming of said third-party sites. In no circumstances is the availability of a hyperlink or any other link on the Site an endorsement, a guarantee or a recommendation by Kava Tours or by its officers, directors or partners.
TERMS OF PURCHASE
5. RESERVATION AND/OR PURCHASE
Clauses five (5) to twelve (12) of the present Contract (the “Terms of Purchase”) are applicable upon purchase of any Product and/or Service on the Site. Without limiting the generality of the foregoing, certain Products and/or Services are covered by the following specific conditions:
During the reservation process on the Site, an available excursion associated with a specific date and including a predetermined departure time (the “Excursion”), the price associated with the transaction is charged to a credit card incumbent to the User. This payment confirms the reservation of the Excursion. A confirmation is sent by Kava Tours to the User by e-mail to the address that the User specified during the reservation process. When the reservation of and the Excursion is taken by telephone, the associated price of the transactions is also charged to a credit card incumbent to the User. A confirmation is sent by Kava Tours to the User by e-mail to the address that the User specified during the reservation process.
The reservation of an excursion for a private group (a “Private Excursion”) is taken by telephone. Based on the information and requirements of the User, Kava Tours prepares and electronically sends to the User a written proposal (the “Proposal”) that the User can accept or reject by clicking on the link designated for this purpose. The User is subject to the present terms and conditions, with the necessary modifications, as well as to the special conditions pertaining to the Private Tour as they appear in the Proposal (the “Special Conditions”). The Special Conditions are specifically included in the Proposal. For Kava Tours to confirm the booking, a deposit of at most fifty percent (50%) of the value of the private tour presented in the Proposal is required (the “Deposit”). Before the Deposit is received,Kava Tours or the User may unilaterally cancel the Contract.
Gift certificates issued by Kava Tours (the “Certificates”) can be used regardless of their date of issue or until their expiration date, if applicable.They comply with the provisions of the Consumer Protection Act on prepaid cards and can be used by the holder of the Certificate at any time after the telephone booking and at least forty eight (48) hours in advance. The Certificates are valid either for a lump sum amount or for a specific tour as stated on the Certificate, and are honoured accordingly by Kava Tours.
In general, the payment made to Kava Tours or the booking, when the payment is made after the booking, confirms acceptance of the Terms of Purchase and reconfirms the acceptance of these Conditions of Use. The Parties agree that the present version of the Contract is to be treated and recognized as an original version.
Kava Tours only accepts payment by credit card (Visa and MasterCard). In certain circumstances and if the context so permits, Kava Tours may authorize, at its sole discretion, any other method of payment including cheques and/or cash. Unless specified otherwise on the Site, all prices are in Canadian dollars (CAD$) and exclude sales taxes (GST and QST). Certificates and promotional codes are applicable on the amount before taxes.
Unless expressly stated otherwise by Kava Tours, deliveries of Certificates or of any other Product and/or Serviceare carried out by regular Canada Post mail, which entails a delivery time of three (3) to five (5) business days. Kava Tours, its suppliers, partners or any anyone bound to it cannot be held responsible for any delay in delivery or for damages arising from such a delay.
8. CANCELLATION– REFUNDS– EXCHANGE
All of the Products and/or Services available on the Site are deemed to be non-refundable, non-transferable to other persons, non-transferable to another date of service, non-exchangeable and non-redeemable for cash except for the following Products and/or
Guided or Self-guided tours: Tours are refundable, transferable to other persons, transferable to another date of service and exchangeable for a Certificate of an amount equivalent to the value of the Tour if the notice of cancellation is given at least three (3) days or seventy-two (72) hours before the time and date scheduled for the reserved Tour.
Private Tours: Private Tours are generally subject to the following conditions unless more specific guidelines are provided in the Special Conditions:
If the notice of cancellation is given to Kava Tours more than thirty (30) days before the day of the Private Tour, no fees are charged to the User and the Deposit is refunded in full.
If the notice of cancellation is given to Kava Tours between twenty-nine (29) and eight (8) days before the date of the Private Tour, fifty percent (50%) of the Deposit is refunded to the User.
If the notice of cancellation is given to Kava Tours seven (7) days or less before the Private Tour, the Deposit is not refunded by Kava Tours.
Certificates: Certificates are non-refundable and non-redeemable for cash. They are, however, transferable by the User to other persons only as a gift without any formalities.
9. BUS TRANSPORTATION
The User understands that Kava Tours is a bus carrier holding a transportation licence with the administrative number 2-M-001506-001C and that, consequently, Kava Tours is covered by the exemption under paragraph (c) of section 3 of the Travel Agents Act. In this capacity, Kava Tours is not under obligation to hold a trust account and Users to not benefit from protection under the Travel Agents Act (Québec).
10. CANCELLATION BY KAVA TOURS
At any time before a Tour or a Private Tour, Kava Tours reserves the right to unilaterally and without notice cancel or postpone the Tour or the Private Tour for any reason deemed valid by Kava Tours.
Consequently, and without limiting the generality of the foregoing, Kava Tours is not responsible for any loss or damage suffered by the User and resulting, in particular, from any delay, cancellation or postponement caused by weather conditions, road conditions, traffic or a case of superior force as defined in the Civil Code of Québec.
11. PRODUCT AND/OR SERVICE LIABILITY
The User understands and acknowledges all of the risks inherent in the Products and/or Services and accepts them. These include risks of food poisoning, allergic reaction, alcohol intoxication, injuries due to the presence of mechanical agricultural equipment, injuries due to walking on uneven ground, and road accidents during transport. Acknowledging all of the risks inherent in the Products and/or Services, the User holds Kava Tours, its suppliers, partners, directors, officers and any person related to it free of any direct or indirect liability caused by its action or fault. The User hereby waives his/her right,personally and on behalf or anyone who would be subrogated in his/her rights, to bring any claim against Kava Tours, its suppliers, partners, directors, officers or any person bound to it.
Kava Tours, its suppliers, partners, directors, officers or any person bound to it cannot under any circumstances be held liable in any way for any moral or material damage arising from the use of and/or the participation in any of the Products and/or Services. This exemption applies particularly to items stolen, damaged and/or destroyed during the use of or participation in any of the Products and/or Services.
12. SELECTION OF JURISDICTION
The Parties agree that the Contract is to be interpreted and performed in accordance with applicable laws of the Province of Québec and that any claim or lawsuit on any grounds whatsoever in relation to this Contract is to be filed in the judicial district of Montréal, province of Québec, Canada, to the exclusion of any other judicial district that may have jurisdiction over such a dispute.