You are invited to access, browse and use this Site on the following terms and conditions ("Terms and Conditions"). Please review and ensure you understand these Terms and Conditions before using this Site to request a reservation.
By accessing, browsing or using this Site to request a reservation, you are agreeing to and accepting these Terms and Conditions. This forms a legally binding agreement between you and Newwest. If you do not agree with the Terms and Conditions, do not use this Site. If at any time during your use of this Site you disagree with the Terms and Conditions, kindly cease to use this Site.
A) Booking Terms and Conditions
Booking:
You can request your holiday online using this Site, or by calling a Newwest Travel Consultant.
Deposits/Payments:
Appropriate deposit or full payment must be paid by Credit Card at the time of booking according to the payment schedule below:
NOTE: *PRE AND POST OLYMPIC CRUISES REQUIRE FULL PAYMENT AT TIME OF BOOKING*
| Payment |
Amount Due | Due Date |
| 1st Deposit | 40% of total reservation | Time of booking |
| Balance | 100% of total | 163 days prior to departure |
***FULL PAYMENT IS REQUIRED IMMEDIATELY FOR ALL BOOKINGS MADE ON OR AFTER Sept 1, 2009. ***
All prices quoted in the Terms and Conditions are in US Dollars unless otherwise stated and are subject to change.
All deposits and payments are final and non-refundable. If your tour is cancelled at your request you will not receive any of your deposit or payments back. Please ensure you carry appropriate cancellation insurance.
Failure to remit payment in accordance with the above schedule will automatically result in the cancellation of your reservation. If your reservation is cancelled for failure to remit payment, there will be no refund of any deposits or payments you may have made up to the time of the cancellation.
No refund is made for unused tour services or any portion thereof, nor is the price or value of unused tour services exchangeable for alternative arrangements.
Disbursement of Deposits/Payments:
All monies paid to Newwest whether by way of deposit or full payment in respect of the tour may be disbursed by Newwest as and when it sees fit or in respect of the services to be provided or fees payable under the tour program, and the payment of a deposit or otherwise for the tour shall be deemed to be a direction to disburse such monies as aforesaid.
Website Pricing and Typographical Errors:
While Newwest strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Newwest shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Newwest may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Activities and Services Included in your Package:
Accommodations: Newwest reserves the right to substitute accommodations of similar quality without notice or liability.
Meals: Breakfast, lunch and dinner are served onboard ship. Additional charges apply for a la carte service. Your package includes 24-hour complimentary room service.
Transfers: Arrival and departure transfers between your ship board accommodations and Vancouver International Airport are not included. If you embark or disembark in Los Angeles, it is your responsibility to find your own transportation to the pier.
Shipboard Staff: Shipboard accommodations are staffed with professional Program Managers and local staff who will provide you with information with respect to all matters pertaining to the program.
Activities and Services NOT included in your package:
• Meals other than those listed
• Personal services such as laundry services and spa services
• Liquor, including wine
• Soft drinks and mineral water
• Parking
• Event tickets
Newwest shall not be liable for the quality or safety of activities and/or services not included in the package, but which the passengers may wish or choose to participate in. Newwest shall also not be liable for any representations made by the operators of any such activities and/or services and any contract, written or oral, entered into by the passenger for all such activities and/or services shall be deemed to be made between the passenger and the operators of such activities and/or services. The activities and/or services shall be undertaken at the passenger’s own risk of loss, damage or injury and Newwest shall not be liable in any manner for any losses, damages, injuries or claims that may arise due to the passenger’s participation in any such activities and/or services.
Passenger Names and Name Changes:
All passengers must, by no later than November 1, 2009, provide to Newwest their full legal name, as it appears in their passports.
Name and Date Changes:
Prior to Nov 1st, 2009 changes will be allowed, for no fee. Plus any applicable upgrade in fare.
From Nov 1st 2009 to Nov 30th, 2009 changes can be done for a fee of 250.00 per change per wave. Plus any applicable upgrade in Fare
From Dec 1st to Dec 20th, 2009 changes can be done for a fee of 500.00 per change per wave. Plus any applicable upgrade in Fare.
From Dec 20th onward, no changes permitted.
*All payments are non refundable. All date changes are subject to availability and any increase in rates at the time of the change. All prices are on a per Wave changed basis.
Travel Documents:
Each person must carry a valid passport. Visas are the responsibility of the traveller and we urge you to check with all relevant consulates and/or embassies prior to travel. Any passenger who does not possess the documentation required by the destination, transit or the carrier, will be denied boarding, resulting in automatic cancellation of the booking without refund.
Immigration and Customs:
Customs and Immigration officials can deny entry to any person at their discretion. A previous criminal record could be an obstacle in international travel. Newwest cannot be held responsible for denied entry under any circumstances and denial of entry by Immigration and Customs officials will result in the automatic cancellation of the booking without refund.
Insurance:
Newwest strongly recommends that all passengers purchase adequate trip cancellation, medical and other insurance coverage to protect themselves from unforeseen circumstances that may require them to cancel the trip or obtain emergency medical services while on the trip. Medical treatment may be expensive and health care providers may require payment in advance. Please speak to your travel consultant to discuss your insurance needs.
Newwest further recommends that you limit the valuables, including electronic equipment, you take with you on your holiday. Please use the safety deposit boxes provided on the cruise ship to protect your valuables. Newwest shall not be liable for any lost of stolen items.
Baggage:
Limits: Norwegian Cruise Line allows up to 200 pounds per passenger on board. If you are arriving by air carrier, make sure you check the baggage restrictions with the airline, as they will have different restrictions. It is recommended to carry on your person any medication when boarding the ship.
Liability: Newwest will not be liable for any denied baggage or fees related to size, weight or the amount you are restricted to bring on board. Newwest will also not be liable for any lost, stolen or damaged luggage. Passengers' luggage and property are transported, stored and handled at owner's risk at all times.
Newwest’s Liability
- Please note that Newwest makes arrangements with suppliers of travel and accommodation services such as air travel, cruises and hotels. Newwest does not own, manage, control or operate any aircraft, cruise ship, vehicle, hotel, resort, restaurant or other supplier of services and is not responsible for their acts, omissions, fault or negligence, or that of their employees, nor for any loss or damages suffered as a result thereof. All bookings made with Newwest are subject to the terms and conditions and limitations of liability imposed by such third party suppliers.
- The passenger hereby agrees that no liability will attach to Newwest, its employees or agents for death, personal injury or illness of the passenger and/or for loss or damage to the passenger’s property and effects during the course of the tour howsoever caused. Newwest shall not be liable for any losses, damages, or additional expenses suffered by the passenger as a result of cancellation, sickness, accident, delay, late completion of tour, mechanical breakdowns, weather, lockout, Act of God or other causes beyond the control of Newwest.
- To the maximum extent permitted by law, in no event shall Newwest, its directors, officers, employees or agents be liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind whatsoever, that may arise due to the failure on the part of any third party providing services to Newwest, including but not limited to, suppliers of travel and accommodation services, in the performance of their obligations, even if Newwest had been advised of the possibility of such damages or could reasonably foresee such damages occurring.
- In the specific case of the 2010 Olympic Games in Vancouver, this also includes any decision approved by the Vancouver Organizing Committee of the Olympic Games (VANOC), the International Olympic Committee (IOC), which leads to the cancellation, postponement or suspension of the 2010 Olympic Games in Vancouver, Canada for any reason.
Credit Cards:
Deposits and payments can be made by credit card. The passenger’s verbal authorization for the use of their credit card indicates their acceptance of these Terms and Conditions and confirms the reservation, whether or not the passenger has signed the appropriate draft.
Passengers with Disabilities:
Any passenger suffering from any form of physical or mental incapacity requiring special attention must bring this to the notice of Newwest when booking. Newwest will make reasonable efforts to accommodate the needs of disabled passengers, but is not responsible for denial of service by carriers, hotels, restaurants, or other suppliers. Motor coaches may not be equipped with wheelchair ramps. We cannot give individual assistance for walking, dining, getting on/off transportation vehicles, or other needs. A qualified companion must accompany program participants needing assistance.
Early Check-In:
New regulations require early cruise check-in. Due to new government regulations requiring cruise lines to submit final departure manifests at least 60 minutes prior to sailing, guests are requested to complete online check-in (when offered) no later than 3 days prior to their cruise. Passengers who have not completed online check-in, are required to complete this process at least two hours prior to the published embarkation time.
Privacy:
Newwest strictly complies with principles of privacy with respect to clients’ personal information, including in accordance with the Personal Information Protection Act of Alberta (“PIPA”) and the Personal Information and Electronic Documents Act of Canada (“PIPEDA”). For a copy of our comprehensive Privacy Policy, please contact our Chief Privacy Officer at:
Mr.Dennis Laliberte
dennisl-newwest@shawbiz.ca
#102 10150 - 117ST
Edmonton, AB, Canada
T5K 1X3
B) Terms and Conditions for Use of Website
Jurisdiction:
These Terms and Conditions and your use of this Site shall be governed by and construed in accordance with the laws in force in the Province of Alberta, without reference to any choice of law or conflict of law principles.
Copyright and Trademarks:
All Content on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics and the design of this Site and the selection, organization and arrangement of the foregoing (collectively, the "Content"), are protected by copyright and other intellectual property laws and are either owned or used under license by Newwest.
Any unauthorized use of the Site, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of Newwest or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.
Disclaimer:
Use of this Site, the Content and the services is at your own risk. This Site, the Content and the services are provided on an "as is" and "as available" basis. Neither Newwest nor any of its suppliers makes any representations or warranties, express or implied as to the operation of this Site or the services, or the accuracy, reliability, completeness, quality, currency or timeliness of the Site, the Content or the services.
Neither Newwest nor any of its suppliers warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, that communications to or from the Site will be secure and/or not intercepted or that the Site or any server that makes it available will be free from viruses or other harmful components. Newwest is not liable to you for damage to your computer or computer system which results from your accessing, browsing or using this Site. All of the risk associated with your use of this Site, including but not limited to, the risks associated with the quality and performance of this Site and with the accuracy, comprehensiveness and timeliness of the Content is assumed solely by you.
To the maximum extent permissible by law, Newwest expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of proprietary rights.
Limitation of Liability:
To the maximum extent permitted by law, in no event shall Newwest or its suppliers, and each of their respective directors, officers, employees or agents be liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind whatsoever, including without limitation, damages for business losses, lost savings, lost data, loss of use, loss of opportunity, lost profits, interruption of activities, or any other pecuniary or economic loss arising from or relating to the use, reliance upon or inability to use the Site, the Content and/or any product or service described or provided on this Site, even if Newwest or its suppliers have been advised of the possibility of such damages or could reasonably foresee such damages occurring. In no event shall Newwest be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
Indemnity:
You hereby agree, at your own expense, to indemnify and hold Newwest and its suppliers, and each of their respective directors, officers, agents, representatives and employees, harmless against any and all claims, demands, suits, actions, or other proceedings brought against any of them by a third party as a result of your breach of these Terms and Conditions. Newwest reserves the right to assume, at its own expense, the exclusive control and defence of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with Newwest’s defence of these claims, demands and actions.
Modification or Termination of Service:
Newwest reserves the right, in its sole respective discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time, for any reason and without prior notice to you and without any liability to you for doing so. Newwest may change, modify, suspend or discontinue all or any part of this Site at any time without prior notice to you and without liability to you for doing so. In the event of termination, these Terms and Conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Site and of the Content.
Third Party Sites:
This Site may contain links to third party websites. Your use of any website linked to this Site is at your own risk and Newwest does not endorse the Content contained in any third party website. Newwest is not responsible for the availability, accuracy or reliability of the Content of any third party website and does not make any representation, warranty or condition, express or implied, of any kind regarding any third party website, including without limitation any representation or warranty regarding the accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any Content on a third party website.
Privacy:
To review the Newwest privacy policy that applies to this Site please see our Privacy Policy below. The Newwest privacy policy applies to your use of this Site. By accessing and using this Site, you accept the privacy policy which outlines how personal information collected through this Site is handled by Newwest. You acknowledge having read the Newwest privacy policy.
Changes to these Terms and Conditions:
Newwest reserves the right to, at any time, modify these Terms and Conditions, and you agree to be bound by any such modifications. Such modifications shall be effective immediately upon Newwest giving notice thereof, which may be given by any means, including, but not limited to, posting on this Site. You agree to regularly review these Terms and Conditions posted at this Site and to be aware of such modifications. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the modified Terms and Conditions. If at any time, these Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.
Waiver/Severance:
The failure by Newwest to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any provision of these Terms and Conditions shall be deemed unlawful, void, or otherwise unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Additional Terms:
Separate additional terms and conditions will apply to reservations, purchases of goods and services and other uses of portions of this Site and you agree to abide by such other separate additional terms and conditions.
Newwest Special Projects LP Website Privacy Policy
I. Introduction
Newwest Special Projects LP (“Newwest”) recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our business. We recognize our obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in the course of our operations. This policy has been developed with those obligations in mind.
II. Website
Our website contains links to other websites which are not governed by our privacy policy. The information contained in this website does not and shall not constitute a business/client, or agency relationship with Newwest or any of its employees or affiliates. The information contained in this website is public information.
III. Consent to the Collection, Use and Disclosure of Personal Information
As a customer of Newwest, by submitting demographic and payment information on our website you consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. Please note that Newwest does not collect, use or disclose your personal information without your consent, unless it is mandated under the applicable legislation.
IV. Collection, Use and Disclosure of Personal Information
Where practical, we endeavour to collect personal information directly from the person to whom the information pertains. When necessary, we will collect personal information from other sources. By retaining this organization as a service provider an individual consents to our necessary collection, use or disclosure of the individual’s personal information in order to properly provide the requested service to the individual. It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Personal Information Protection Act of Alberta (“PIPA”) and the Personal Information and Electronic Documents Act of Canada (“PIPEDA”). When we collect, use or disclose personal information, we will make reasonable efforts to insure that it is accurate and complete.
(a) Collection
Specifically, Newwest collects the following personal information:
• Registration and Account information that is necessary for us to process the products and services you may purchase on our website and
• “Cookies” – small parcels of text that are sent from our server to your computer in order to record your personal preferences when visiting our website and create a more personalized experience on Newwest’s website.
(b) Use
Newwest only uses your personal information for business related purposes (i.e. to process your online orders and to create a customer profile allowing us to serve you more efficiently).
(c) Disclosure
Newwest will not disclose your personal information to any individual or organization unless it falls into one of the following categories:
• It is required under by law that the information be disclosed;
• You have consented to Newwest disclosing such information by creating an account or requesting information about a specific product or service or in any other way;
• The disclosure of such information is to a third party organization that we have hired to fulfill a role in our operations, such as our back-up server providers, our credit card payment processor, our customer service representatives and any other organization or independent contractor that Newwest has hired;
o Please note that Newwest requires all third party contractors that we hire to acknowledge our strict adherence to the federal and provincial privacy legislation and requires them to be aware of our privacy policy and to have a comprehensive policy of their own; however we are not in any way liable for any breach of such legislation made by any of our third party contractors.
• We may disclose personal information in the circumstance that Newwest is involved in a “business transaction” as defined in PIPA – a transaction consisting of the purchase, sale, lease, merger or amalgamation or any other type of acquisition or disposal of, or the taking of security interest in respect of Newwest or any portion of Newwest or its business activities. Newwest further vows to disclose only the minimal amount of personal information that may be necessary in a particular situation and furthermore, will require the utmost discretion in doing so.
• Newwest will not sell or in any way transfer your individual personal information to any external marketing firm or other organization for any reason without your consent. However, we may provide third party advertisers with an aggregate list of information about who uses our website (i.e. 60% of our users live in Edmonton, Alberta).
V. Security of Personal Information
We recognize both the importance and necessity of protecting the personal information of our clients. We recognize as well our legal obligations to protect the personal information we have collected about our clients and about other individuals during the course of business. We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
VI. Requests for Access to Personal Information
PIPA and PIPEDA permit individuals to access records containing their personal information, subject to certain exceptions set out in the legislation. We will respond to requests in the time allowed by the legislation and we will make a reasonable effort to assist applicants to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.
VII. Request for Correction of Personal Information
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:
o Correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
o Decide not to correct the personal information, but annotate the personal information that a correction was requested but not made.
VIII. Communications by Email
E-mail is not a secure, confidential method of communicating your confidential and personal information with us. We will not use e-mail to send personal or confidential information unless you expressly authorize this form of communication and accept all the inherent risks associated with this type of communication.
IX. Changes to this Privacy Policy
We may review and change our Privacy Policy from time to time in order to update our privacy commitment to you in keeping with current privacy laws.
X. Contact Information & Resources
If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at:
Chief Privacy Officer
Mr.Dennis Laliberte
dennisl-newwest@shawbiz.ca
#102 10150 - 117ST
Edmonton, AB, Canada
T5K 1X3
If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If, after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the Privacy Commissioner at:
Office of the Information and Privacy Commissioner of Alberta
410, 9925-109th Street
Edmonton, Alberta, T5K 2J8
Telephone: (780) 422-6860
Website: http://www.oipc.ab.ca
Office of the Privacy Commissioner of Canada
112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario, K1A 1H3
Telephone: 1-888-282-1376
Website: http://www.privcom.gc.ca
