Terms & Conditions
IHaveNotBeenThere.com and iHaveNotBeenThere.com Travel, Inc are names and trademarks and are operated by iHaveNotBeenThere.com Travel Inc., a body corporate, constituted under the Québec Company Act (iHaveNotBeenThere.com Travel, inc hereinafter referred to as the “iHaveNotBeenThere.com” chosen by the Internet client).
You can immediately reserve your trip or your vacation in a secure manner. Should you need information or precisions concerning your choice of destination or to plan your itinerary, we recommend that you call our travel consultants at + 1 514 420-0222, or email them at info@iHaveNotBeenThere.com. Note that the iHaveNotBeenThere.com site is totally secure for all your transactions. The use of said site automatically means that you accept all the general conditions stipulated by the wholesalers and/or the providers of travel and service provisions and that it is your responsibility to consult them. You are, therefore, subjected to the following conditions and to those stipulated by the wholesalers and /or the providers.
Using the iHaveNotBeenThere.com Web site to purchase a trip implies your acceptance of the following conditions:
1- Role of iHaveNotBeenThere.com:
We are a travel agency established in Canada operating under the legal name of iHaveNotBeenThere.com Travel, Inc. We hold a permit under the Quebec consumer protection laws (number 702856). iHaveNotBeenThere.com does not act as a wholesaler or as a supplier for individual services or products included in a package tour (air ticket, lodging, etc.). All the products and services appearing on our site are supplied by wholesalers and/or supplier, independent of iHaveNotBeenThere.com. iHaveNotBeenThere.com acts as your sales agent when we book and transmit your request for a reservation and your payment to the wholesaler and/or supplier. We also act as the agent of the wholesaler when we confirm your reservation and provide you with travel documents. The use of this site automatically confirms your acceptance of the general conditions of the suppliers and/or wholesalers as specified by there lists of conditions, it is your duty to consult them. You are also in acceptance with the following terms and conditions when booking on line.
2- No Advice Obligation
When you book and purchase a trip on our site, iHaveNotBeenThere.com cannot evaluate your needs or requests. As a consequence, iHaveNotBeenThere.com has no obligation to advise you. You are the only one responsible for choosing the trip whose presentation and description belong exclusively to the wholesalers. IHaveNotBeenThere.com shall not be held responsible for the accuracy of the information supplied by the wholesalers. If you wish to be given advice regarding your choice, you may contact iHaveNotBeenThere.com travel consultants by phone at our office (see Contact Us).
3- No Solicitation
This Web site has no purpose other than service and information. It does not claim to provide exhaustive information about the products and services appearing within, nor does it make recommendations for the sales or purchase of any product or service. We advise you to consult one of our travel agents if you need advice or further details. The advertisements on this Web site are invitations for purchase orders, not sales offers. The booking form you fill in and send constitutes your offer to book the products and services indicated in your form. Your order shall be accepted only upon payment.
4- User's Responsibilities
You, the user, attest that you are at least 18 years of age, possess the legal authority to enter into this agreement, to purchase and use the products and services and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible when making purchases through the iHaveNotBeenThere.com site, and are solely responsible for your account and your password. You also agree that all information supplied by you or proxy members using this Web site in your name is true and accurate. Remember that false declarations can constitute an offence liable to prosecution.
5- Travel Documents
It is your responsibility and expense to obtain all documents, such as passport, visas, etc. required by the government authorities in the countries of your destination. If you need information as to which papers are required, please contact the specific consulate or the embassy of the countries you intend to visit. The traveler who does not have the necessary documents can be rejected by the airline or customs agent of the countries of destination. In such a case, cancellation fees apply and iHaveNotBeenThere.com shall not be held responsible.
6- Terms and Conditions of the Wholesalers and Suppliers
The travel services are subject to the terms and conditions of the wholesaler and/or the supplier, of your voucher and tickets. We recommend that you take note of the terms and conditions of the wholesalers or suppliers before you make a reservation using the Web site. When you transmit your credit card number to purchase a trip, you confirm that you have read and accepted the herein General Conditions and those of the wholesaler and/or supplier. The terms and conditions of the wholesalers and suppliers generally include fees in case of a cancellation or a change in the products purchased. It is your responsibility to present yourself at the airport check-in counter well before the flight (usually three (3) hours minimum before departure time), as well as to be aware of the availability of the services at your destination, and that changes may affect the flights or the hotels. You shall verify the accuracy of the flight schedules 72 hours before departure. iHaveNotBeenThere.com is not involved in the preparation, organization, or provision of products and services of a trip, including package tours which commit only the wholesaler or supplier. IHaveNotBeenThere.com disclaims any responsibility in this matter and in any damage, lost, theft, incident or injury which may occur during the trip.
7- Prices and Other Information
All the travel services you purchase on this Web site or by phone will be delivered depending on availability. All of the prices listed on the iHaveNotBeenThere.com Web site are given in american dollars (USD) unless specified of another currency. They include federal and provincial taxes, but they exclude delivery fees. Depending on the type of reservation, service fees of USD $ 50.00 (tax included) could be charged to you for each ticket issued. The price of any travel services will be the one given to you at the time of your purchase. IHaveNotBeenThere.com disclaims any responsibility in a price change that may occur before you have finalized your transaction.
8- Prices in Quebec
Certain jurisdictions such as Quebec’s Consumer Protection Office regulate advertisement for trip prices and other tourist services by forcing wholesalers and suppliers to indicate only the total cost to pay for the advertised trip (including taxes, service fees and other incidental expenses). This rule does not apply in all Canadian provinces. IHaveNotBeenThere.com will always tell you the total cost to be paid for the travel services you wish to purchase.
9- Misprints, Mistakes and Availability
Information and prices of travel services come directly from our wholesalers. In the event of misprints and mistakes, iHaveNotBeenThere.com and its suppliers reserve the right to correct prices and fees of the products and services appearing on the Web site at anytime, without notice or liability. IHaveNotBeenThere.com cannot guarantee that the products or services advertised on the Web site will be available at the time you wish to purchase them or thereafter. IHaveNotBeenThere.com and its suppliers reserve the right to reject, correct or cancel a reservation or a request for availability for a trip. Should you wish to purchase products and services for which the advertised prices are inaccurate, iHaveNotBeenThere.com and its suppliers reserve their right to reject your offer by notifying you orally or in writing. The price for the purchase of a trip is the one indicated to you at the time of your purchase. Products and services are subject to availability at the time of purchase.
A deposit is required at time of reservation: 100% of Airfare and 20% of land portion. Final payment is due 45 days before departure. For reservation within 45 days full payment is required. The travel services you wish to purchase must be paid, either by the required deposit, and respecting the final payment date indicated while making the online purchase, or in full at the time of purchase while making the final online purchase. If your purchase allows you to take advantage of only making a deposit, you must absolutely respect the final payment date mentioned on your online purchase, if omission to respect that final payment date your reservation may be cancelled without any noticed by iHaveNotBeenThere.com or it's wholesalers or suppliers and automatically your deposit will be 100% non-refundable, whether the transaction is made on-line or by phone. IHaveNotBeenThere.com cannot be responsible of any payments omissions. You can pay using Visa, MasterCard, American Express credit cards or Paypal. Full balance could be requested based on suppliers/wholesalers conditions. Your credit card will be debited on your account by iHaveNotBeenThere.com.
11-Finalizing Your Purchase
The purchase contract is final only when you provide your credit card number to pay for your purchase, either for your required deposit, or for the final payment of your reservation, only then do you accept all in full the general conditions of the supplier. Before the moment of giving your credit card number, without which there is no obligation on your part, or on the part of iHaveNotBeenThere.com or its suppliers. When you give your credit card number on the online transactional Web site or by phone to one of our travel consultants, you immediately and automatically commit yourself to paying either the deposit required or/and the balance amount at the date mentioned during the purchase process, the total cost of the travel services. Your account will immediately be debited for the amount of your purchase. If the name of at least one passenger indicated on your reservation form is not the credit card's owner, your reservation request will not be processed until iHaveNotBeenThere.com receives: 1) a letter of authorization duly signed by the owner in order to authorize iHaveNotBeenThere.com to debit the card to pay for the trip, and 2) a photocopy of both sides of the card with the owner's complete address. The purchase will be final only after having received this information. Meanwhile, the availability and the price of the trip you wish to purchase may change without notice.
Any modification made to the original online purchase will be subject to a minimum modification fee of US$50 by iHaveNotBeenThere.com per file plus any additional modification fees applied by the wholesaler or supplier.
You must inform iHaveNotBeenThere.com by phone or registered mail should you wish to cancel a purchase. Communication by e-mail or voice mail does not guarantee cancellation unless we have responded accordingly to these messages. Once your purchase is complete, you are subject to the cancellation or change fees that wholesalers or suppliers require. You may refer to the terms and conditions of the wholesaler or supplier of the travel services that you have bought. Some Airfares are subject to restrictions which do not allow any cancellation, modification or refund. It is your responsiblity to verify these restrictions with your travel advisor.
Airfare portion: Airline fees + US$50 service fee.
45 Days and more before departure: Full deposit
44 to 22 days before departure: 50% of the land portion
21 days and less before departure: 100% of the land portion
14- Document Delivery
After you have completed your transaction, iHaveNotBeenThere.com will e-mail you to confirm the travel services that you have purchased. Please make sure that all of the information is correct and refer to your e-mail confirmation for any further request regarding your purchase. The tour operator or supplier usually delivers the tickets to iHaveNotBeenThere.com 14 to 21 days prior to departure. Tickets can be pick-up at our office, airport pick-up or be delivered to you by mail by Canada Post at regular cost or always according to the method you choose, that is: by courier a minimum of 20$ delivery fee can be charged. Also free of charge if it is an electronic ticketing or a pick up at your chosen agency. In requesting an airport pick-up, the customer is fully responsible for complying with the conditions as stated by the supplier and for any mistake that could appear on the travel documents. It is your responsibility to verify all travel documents for errors prior to your trip, subject to modification fees for any corrections. For delivery outside North America, the delivery fees will vary depending on the courier company and the delivery address.
iHaveNotBeenThere.com recommends that travelers acquire travel insurance. IHaveNotBeenThere.com is not an insurance company, but offers you RBC Insurance products. Other insurance companies also offer travel insurance. The decision to purchase insurance or not is solely your responsibility, as is the onus to be aware of the types of protection and the clauses of any insurance policy you may acquire. IHaveNotBeenThere.com shall disclaim its responsibility in the case that the insurance company should refuse coverage, for whatever reason. Insurance policies impose exclusions especially but not exclusively in case of pre-existing medical conditions. They also require time limits and procedures to put in a claim. The coverage offered by different insurance policies may vary. Once you have purchased a trip, RBC Insurance allows you to buy travel insurance within 48 hours or increase the coverage of an insurance package already bought from RBC Insurance. If you decide to cancel the insurance you bought through iHaveNotBeenThere.com, you must advise the insurance company within a period of 10 days. Any claim for reimbursement shall be made under RBC Insurance General Conditions or the company that you have chosen and according to the laws in effect in the province of Quebec, Canada.
16- Restrictions to Personal and Non-Commercial Use
IHaveNotBeenThere.com is for your personal use only, and not for commercial purposes. Copyright laws prohibit modification, copying, distribution, transmission, display, performance, reproduction, publishing or selling any information, software, products, or services obtained from the iHaveNotBeenThere.com site. Creation of derivative works or licenses is also prohibited. You may only use this site to look for information on available travel-related goods and services, and to make legitimate reservations or purchases. It is unlawful to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand using this Web site.
17- Violation of Rules and Regulations
Inappropriate or unlawful use of this Web site will result in the refusal of access.
18- Privacy and Confidentiality
To ensure the successful fulfillment of your travel arrangements, iHaveNotBeenThere.com is required to provide information (such as name and address) about you and your purchase to the wholesaler, airline, or supplier. IHaveNotBeenThere.com commits itself to respect the privacy of its customers. Names and information pertaining to customers shall not be given or sold to third parties. All communication with iHaveNotBeenThere.com remains confidential. IHaveNotBeenThere.com will not send you any unsolicited information.
19- Copyright / Trademarks
All content including text, photos, buttons, icons, images and software appearing on this site are protected by Canadian and international copyright laws. Copyright laws prohibit modification, copying, distribution, transmission, display, performance, reproduction, publishing or selling any information, software, products, or services obtained from the iHaveNotBeenThere.com site. Creation of derivative works or licenses is also prohibited.
iHaveNotBeenThere.com controls this Web site from its office located in the province of Quebec , in Canada . See the Contact Us page for details.
21- Laws, Regulations And Jurisdiction
The present General Conditions and their enforcement are subject to the laws and regulations in the province of Quebec, district of Montreal.
22- Links to Other Sites
Links to other websites included in this site are provided for information purpose only and do not imply endorsement on the part of iHaveNotBeenThere.com does not guarantee the security of Web sites other than its own. It is strictly prohibited to link to this Web site without the express written permission of iHaveNotBeenThere.com. To request permission to link to this Web site, please send an e-mail to info@iHaveNotBeenThere.com, iHaveNotBeenThere.com reserves the right to cancel and revoke any permission it may give to link to this Web site at any time without notice or liability. The framing of this Web site or any of its content is strictly prohibited.
23- Damages from Using Our Site
iHaveNotBeenThere.com claims no responsibility and shall not be liable for any damage or viruses that may infect your computer equipment as a result of using this site. In no event shall iHaveNotBeenThere.com or any third party suppliers or distributors be liable for any damages of any kind, be they punitive, exemplary, direct or indirect, or for any physical or moral damages which would arise out of any use of its site.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
IHaveNotBeenThere.com may at any time modify these General Conditions. Your continued use of this site will be provisional upon the conditions in effect at the time of your use.
26- Legal applications
In the event that any provision in the General 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 provisions.
The headings used in these General Conditions are included for convenience only and will not limit or otherwise affect the conditions herein.
28- Entire Agreement
These General Conditions, together with any conditions incorporated or referred to herein constitute the entire agreement iHaveNotBeenThere.com and its clients and customers relating to the subject matter hereof, and supersede any prior understandings or agreements regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
29- Complaint Resolution
You can lodge a complaint by phone, by mail, by fax or by e-mail directly to iHaveNotBeenThere.com (see contact us).