Terms and conditions

WHEREAS Run Away Agency Inc. (the Agency) operates a business of arranging travel services for its clients;

AND WHEREAS the client requests the Agency to plan travel services, including transportation, accommodation, and participation in events, for business and/or leisure, for themselves and others;

THESE TERMS OF SERVICE (the Terms) shall govern the relationship between the Agency and the client and any other person for whom travel services are requested from the Agency.

1. Duration of these Terms

These Terms apply to all travel services planned by the Agency for the client and any other person for whom travel services are requested until either the Agency or the client provides the other party with written notice of termination, effective 30 days after receipt of the notice. These terms and conditions will expire on the thirty-first day following the date of receipt of this notice, subject to any provision of these terms and conditions expressly stipulating that they remain in effect after the expiry of this period.

2. Agency Responsibilities and Recommendations

The Agency will plan travel services based on the information provided by the client for their own use or that of any person concerned by the request to the Agency.

The Agency draws the client’s attention to the terms and conditions governing the services offered by the service providers, including, but not limited to, the terms and conditions of airlines, railway companies, bus companies, cruise lines, hotels, and tour operators, to which the Agency is bound and which affect the rights of clients. The Agency draws the attention of the client and any other person concerned by the request to the terms and conditions published on the websites and/or in the brochures of the travel service providers. Any questions regarding supplier terms and conditions should be directed to the relevant service provider.

The Agency strongly recommends that the client, or any other person included in the request, purchase travel insurance that includes coverage for trip cancellation, trip interruption, lost luggage, and medical expenses.

3. Client Obligations and Acknowledgment of Responsibility

The client and/or any person named in the request must verify the information on the itineraries and invoices submitted by the Agency and must notify the Agency of any errors or omissions.

The client must provide a copy of these terms and conditions and any subsequent amendments to any person named in this travel planning request to the Agency.

The client confirms that they and any person named in this travel planning request to the Agency have been advised to verify the terms and conditions published by the travel service providers, including those concerning the services provided by the Agency. These terms and conditions include those issued by airlines, railway companies, bus companies, cruise lines, hotels, and tour operators, as well as any restrictions regarding baggage, check-in times, age, and height. The client confirms that they and any other person included in this travel planning request to the Agency have been advised to direct any questions regarding the terms and conditions stipulated by those suppliers to the relevant providers.

The client confirms that the Agency has recommended the purchase of travel insurance and has advised all other persons included in this travel planning request to the Agency of this recommendation.

The client and any other person included in this travel planning request to the Agency are responsible for obtaining all necessary travel documentation, including a passport (valid for at least six months after the return date), visas, and, if traveling with a minor, the parental consent forms required by their chosen destination or any transit points.

The client and any person for whom travel services are requested from the Agency acknowledge that even if they possess the documentation and information required by the destination(s), they may be refused entry to the country at both the point of departure and the point of arrival.

The client and any person for whom travel services are requested from the Agency acknowledge that the services provided at the destination(s) visited may differ from the living conditions, practices, and standards of services provided in Canada.

The client is responsible for notifying the Agency of any special needs regarding travel arrangements, including the type of seat on flights, the type of accommodation required, and any dietary requirements of the client or any person for whom travel services are requested from the Agency, when booking travel services. The Agency will inform the service providers of such needs, and the client will be responsible for the cost of the required services. However, the Agency cannot be held liable for any failure by service providers to provide the required services.

The Agency cannot be held liable for any damages or losses incurred by the client or any person for whom travel services are requested from the Agency, including the inability to use travel services resulting from a failure to comply with the provisions herein.

4. Travel Service Prices

The prices offered by the Agency for travel services are based on information provided by suppliers, include all applicable taxes and any contribution to the travel agency customer compensation fund (if applicable), and are subject to change in accordance with the terms and conditions stipulated by the travel service providers.

5. Payment and Non-Refundable Amounts

The client is responsible for paying for travel services, and payment must be made to RUN AWAY Inc. The client is responsible for paying deposits and service fees to the Agency. Deposits are non-refundable, regardless of whether travel services have been provided or used, and regardless of the reasons why services were not provided or used.

The Agency will notify the client of the dates set for payments and failure to make payments on the dates set may result in the cancellation of the travel services reservation, which will be considered a cancellation by the client (see below) and the cancellation penalties and fees required by the suppliers and the Agency will apply.

Terms specific to getaways sold on therunaway.ca

The following provisions clarify the above for getaways booked directly on the website.

Deposit. A booking is confirmed by paying a deposit of 30% of the price of the chosen option, due at the time of booking. By way of exception to the above, a customer who cancels no later than 60 days before the departure date is refunded 100% of the amounts paid. After that date, the deposit remains due to the Agency.

Balance. The balance is called between the 60th and the 45th day before the departure date, and must be paid by that latter deadline at the latest. The Agency notifies the customer by email. If payment is not made by that date, the booking may be cancelled under the conditions set out in article 7.

Means of payment. The deposit is paid by payment card, on the secure page of our provider Stripe. The balance is paid by Interac e-Transfer or by the same means.

Cancellation by the Agency. The Agency reserves the right to cancel a getaway up to 45 days before the departure date, in particular if fewer than five runners are registered. It then notifies the customer without delay and refunds all amounts paid in full, deposit included. Such a cancellation gives rise to no other compensation.

Room occupied by a single runner. A runner who books a room alone pays its full price. If the Agency finds a second occupant before departure, their price is reduced to that of double occupancy and the difference is refunded. This refund is a price adjustment and does not constitute a cancellation.

6. Modification or Cancellation by the Travel Provider

Travel services are generally sold well in advance of the travel date and may be subject to change or unavailability. Changes are usually minor, but occasionally a provider may be forced to make a more significant modification, including a change of more than 24 hours to the departure or return date, a change in accommodation category, an increase in the cost of travel services exceeding 7% (as required by government regulations), a change of destination requiring documentation or identification when there is insufficient time to comply with these requirements, or a pricing error. In these cases, the rights of the client, or any person for whom travel services are requested from the Agency, will be governed by the terms and conditions of the travel providers.

7. Modification or Cancellation by the Client

The client and any person included in the request for travel services to be planned with the Agency are subject to the modification/cancellation policies applicable to the travel services in question.

Any modification(s) or cancellation(s) of any travel services booked by the client or any person included in the request for travel services to be planned with the Agency will be governed by the terms and conditions of the relevant travel service providers.

In the event of a modification made by the client or any person included in the request for travel services to be planned with the Agency, the penalties specified in the terms and conditions of the travel service providers will apply.

In the event of a cancellation made by the client or any person for whom travel services are requested from the Agency, the penalties and non-refundable amounts paid for travel services will apply.

8. Protection of Personal Information

The Agency will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other legislation governing the processing of personal information.

Specifically, the Agency will:

1. Protect the personal information it holds.
2. Identify the reason for collecting personal information and how it will be used.
3. Use the information held only for the stated purposes.
4. Ensure that personal information is accurate, complete, and up-to-date.
5. Protect personal information against loss and theft. Inform individuals of any theft of personal information and any real risk of serious harm.

9. Compensation payable to the Agency

The Agency may receive payments from travel service providers according to the agreements reached with those providers regarding all travel service bookings made for the client and any other person for whom the Agency requests travel services be planned.

10. Disclaimer

The Agency has informed the client that due to the effects of COVID-19 in all parts of the world, it cannot provide any assurance regarding the conditions and means used to manage COVID-19, nor can it confirm the availability of services or facilities or the effects of COVID-19 on travel services and amenities. Having been informed of the conditions and having received this warning, the client and any person for whom travel services are requested from the Agency, agree that the use of the travel services involves an inherent risk and the client and any person for whom travel services are requested from the Agency agree to waive all their present and future rights and agree to release the Agency, its directors, branches, affiliates, parent company and its branches and affiliated agencies from any liability for damages, actions, causes of action, proceedings, suits, debts, outstanding receivables, commitments, contracts, claims and demands arising from any adverse circumstances caused by the use of the travel services, including those related to delays, interruptions or cancellations of one or more travel services, resulting in a prolonged stay in transit or at a destination, all at the expense of the client and/or any person for whom travel services are requested from the Agency.

11. Indemnification

The client agrees to defend, indemnify, and hold harmless the Agency, at its own expense, from and against any and all claims, demands, suits, losses, costs, damages, and expenses incurred or suffered by the Agency as a result of:

• (a) the client’s breach of the terms of this Agreement;
• (b) any statement by the client or any person subject to the request to plan travel services with the Agency that is contrary to the terms of this Agreement or to the terms and conditions of any travel service provider;
• (c) any claim, demand, suit, etc., brought by any person subject to the request to plan travel services with the Agency; and
• (d) any claim by a credit card issuer or other third party with whom the Agency transacts to book travel services for any client or any person subject to the request to plan travel services with the Agency. The client’s obligations stipulated in this section will remain in effect after termination of these terms for any reason by either party.

12. Amendments to these terms and conditions

The Agency may amend these terms and conditions as necessary, and all such amendments will be binding on the client and any person for whom the travel service request is made to the Agency as of the date of the amendments.

13. Agency Responsibilities

The Agency books travel services with third parties, including airlines, hotels, bus companies, baggage handlers, and other independent suppliers, to provide the client and any other person for whom the Agency requests travel services to be planned with the Agency. The Agency carefully selects independent suppliers based on their reputation and reliability. However, the Agency has no control over these independent suppliers and cannot be held liable for their performance or failures.

The Agency cannot be held liable for any injuries, losses, or damages, whether psychological, emotional, or physical, resulting from any error, omission, or negligence on the part of any company, person, agent, employee, or subcontractor providing any of the services.

The client and any person who is the subject of the request to plan travel services with the Agency, will not be able to claim for themselves or for any person who is the subject of the request to plan travel services with the Agency in the event that travel insurance has not been purchased or because the client has not advised the person who is the subject of the request to plan travel services with the Agency to purchase travel insurance.

14. Agency Limitation of Liability

The Agency’s liability for loss, damage, or injury, whether to personal property, physical or mental health, arising from its own actions, omissions, or negligence is limited to the amount paid directly to the Agency by the client or any person for whom travel services have been requested from the Agency in respect of any claim filed by the client or any person for whom travel services have been requested from the Agency.

15. Termination of Terms and Conditions

In the event of termination of these terms and conditions, the client must pay the full amount due for travel services booked by the client or any person for whom travel services have been requested from the Agency as of the date the notice of termination is served. Failure to pay the full amount due will result in the cancellation of the booked travel services and the application of the terms and conditions of the relevant suppliers.

In the event of termination of these terms and conditions, the Agency will be obligated to facilitate travel arrangements for the client or any person for whom travel services have been requested from the Agency, provided that full payment for the travel services has been received before the date the notice of termination is served.

16. Force Majeure

Under no circumstances will the Agency be liable for any inability or delay in the performance of its obligations when the Agency has no control over events preventing it from performing its obligations, including but not limited to nuclear or environmental disasters; natural disasters and extreme weather conditions; wars, invasions, or similar hostilities; rebellions, revolutions, insurrections, riots or demonstrations, strikes, lockouts, or industrial action; terrorist acts or threats; epidemics, pandemics, or the spread of disease; state laws or government restrictions; and the loss or prolonged interruption of essential, communication, or computer services.

The client agrees that the Agency, on behalf of the client and any person for whom travel services are requested from the Agency, will make payment for travel services to independent suppliers and that, once received by said suppliers, these amounts will be non-recoverable and/or non-refundable. In the event of force majeure, the Agency’s liability will be suspended for the duration of the event, and the Agency will fulfill its obligations as soon as it is able to do so.

In all cases, the Agency’s liability arising from force majeure events will not exceed the amounts paid to the Agency by the client or any person for whom the Agency has requested travel services. The Agency cannot be held liable for any consequential or indirect damages, nor for any legal fees incurred.

17. General Provisions

Notice. Notice may be given in writing to the last mailing address provided by the client, delivered in person, or sent by email or other electronic means, in which case it will become effective upon confirmation of receipt by the other party.

Partial validity. If any provision of these terms is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

Amendment. These terms may be amended by the Agency at any time.

Governing law and jurisdiction. These terms are governed by and construed in accordance with the laws of the Province of Quebec.

Forum for dispute resolution. The parties agree that the courts of Quebec will have exclusive jurisdiction to resolve any dispute, controversy, or claim relating to these terms.

Heirs and substitutes. The terms and conditions stipulated herein are binding upon and apply to the benefit of the parties present and shall also bind their heirs and assigns.

Understanding. These terms and conditions constitute the entire agreement concerning travel service bookings.

Waiver. Any waiver of any provision of these terms and conditions shall not be construed as a waiver of any other provision, whether similar or otherwise, and shall not be deemed a continuing waiver.

Travel Agents’ Customer Compensation Fund

Agence Run Away inc. holds Quebec travel agent permit no. 703748, issued by the Office de la protection du consommateur. Amounts paid to the Agency are protected by the Travel Agents’ Customer Compensation Fund (FICAV), whose contribution is included in the prices shown.