THESE TERMS & CONDITIONS (“Terms”) govern the relationship between Mosaic Earth Travel Inc., its affiliates, employees and independent contractors (“Mosaic Earth”), and customer, including anyone for whom the customer requests Mosaic Earth book travel services (together referred to as “customer”).

The Travel Services

Mosaic Earth books travel services, including accommodation, transportation and tours, on behalf of customer but all obligations and liabilities with respect to the travel services are those of customer. The travel services booked for customer are set out on the Itinerary (the “Booking”).

Deposit and Final Payment for Travel Services

Customer is responsible for payment of deposit and final payment for all travel services booked for the customer.

For Self-Drive, Custom & Private Tours: a deposit of 25% of the total trip price per customer as outlined in the Itinerary is required to confirm the Booking, along with a completed Booking Form and acknowledgement and acceptance of these Terms & Conditions. Final payment of the remaining 75% of the total trip price per customer is due 75 days prior to the trip departure date.

Failure to make payments when due may result in cancellation of the travel services, which will be considered Cancellation by Customer (see “Change or Cancellation by Customer” below) and all travel service supplier and Mosaic Earth cancellation fees and penalties will apply.

Change or Cancellation by Customer

Customer must make any change or cancel a booking for customer with Mosaic Earth and not with a travel service supplier. Change(s) and cancellation(s) of any travel arrangements by Customer will be subject to the change/cancellation policy(s) as follows:

For Guided Tours: Cancellation(s) made 75 days or more prior to the trip departure date will receive a refund of the 25% deposit paid, less a $50 administrative fee per person. Cancellation(s) made between 74-30 days prior to the trip departure date will receive a refund of 50% of the total trip price per person. Cancellation(s) made 29 days or less prior to the trip departure date will not be eligible for a refund of any amount. No refund will be made once the trip has departed.

In the case of a change by Customer, additional service fees may apply, and penalties provided for in the travel service supplier(s) terms and conditions and these Terms will apply.

Payment for Travel Services

Customer represents to Mosaic Earth that customer has the authority to use any credit card the details of which customer provides to Mosaic Earth without presenting the actual card to Mosaic Earth. Customer authorizes Mosaic Earth to use any credit card, the details of which customer provides to Mosaic Earth, to pay for travel services for customer and to make those payments to Mosaic Earth or a travel service supplier as directed by Mosaic Earth.  Customer agrees not to make a claim for a chargeback on any credit card the details of which customer provides to Mosaic Earth in relation to any non-refundable deposit or final payment.

Price of Travel Services

In the case of significant changes to the price or service provided by a third-party as part of the Itinerary, Mosaic Earth may substitute an alternative tour/service in line with the advertised experience and the price.

Changes to the Travel Services

The travel services are typically sold well in advance of travel dates and are subject to change based on a variety of factors, including the travel service supplier, weather and logistics.  To the extent that any change is not in line with the Itinerary, Mosaic Earth will either provide an alternative service or a refund of that portion of the service.

Accuracy of Information

Mosaic Earth makes every effort to ensure information it publishes is accurate and up to date, however errors do occur, and Mosaic Earth reserves the right to refuse or cancel and refund any booking made at an incorrectly posted price.

Duties and Recommendations of Mosaic Earth

Mosaic Earth books travel services based on information provided by customer for use by customer.

Mosaic Earth directs the attention of customer to the terms and conditions of the suppliers of the travel services being arranged for customer, including accommodation, transportation and tour operators, because those terms and conditions govern the contracts that customer will have with the travel service suppliers and affect their rights and obligations.  Those terms and conditions are located on the websites and/or in the brochures of the suppliers of the travel services. Any questions about the travel service suppliers’ terms and conditions should be addressed to the specific travel service supplier.

Mosaic Earth strongly recommends that customer purchase travel insurance, including trip cancelation, trip interruption, baggage and medical coverage.

Duties & Acknowledgements of Customer

Customer must review and verify all details set out on the Booking and any other itineraries and/or invoices immediately on receipt and must immediately advise Mosaic Earth of any errors or omissions.

Customer must provide a copy of these Terms and any changes to these Terms to all customers on the booking before asking Mosaic Earth to book any travel services.

Customer acknowledges that customer will be required to review and accept the terms and conditions of the suppliers of the travel services, including accommodation, transportation and tour operators and to sign waivers of liability in order use the travel services. Mosaic Earth will also provide terms and conditions of the travel suppliers on request and any questions customer have about the travel service suppliers’ terms and conditions should be addressed to the specific travel service supplier.

Customer is responsible for complying with all customs, rules and procedures of the travel service suppliers and failure to comply with all travel service supplier customs, rules and procedures may result in customer being removed from the premises/transport and/or refused future use of the travel services.

Customer acknowledges that they shall:

• Follow the directions of tour guides at all times
• Behave in a manner that is acceptable and not offensive to other travelers and tour guides
• Not engage in illegal or undesirable behaviour that is dangerous to customer or any others using any travel service
• Be on time for all transportation departures
• Not use foul language
• Not smoke on any mode of transport or while participating in any tour
• Not verbally or physically abuse any Mosaic Earth staff or other tour leaders

Failure to comply with any of the above may result in customer being removed from the transportation, accommodation and/or a tour and any costs incurred by customer so removed, for any reason, will be at the expense of customer. In the case of removal from a tour, no customer is entitled to any refund for any part of the tour in which customer does not participate.

Customer acknowledges that Mosaic Earth has recommended that customer buy travel insurance, including trip cancelation, trip interruption, baggage and medical coverage, and customer confirms that customer has advised all other customers on the booking of that recommendation to buy travel insurance.

Customer is responsible for ensuring they have all necessary travel documentation, including a passport (valid until 6 months after the expected return date), visas, parental consents to travel with minors required by any destination to which they are travelling or through which they will transit and pardons with respect to any criminal conviction. Customer acknowledges that airlines have different policies regarding travel while pregnant and a letter from a doctor or midwife, confirming that mother and baby are in good health and fit to travel may be required. Customer shall check specific requirements on airline website(s) to verify any restrictions. Customer acknowledges that even with possession of the required documentation and information, entry into Canada may be refused at either the point of departure or arrival.

Customer shall be responsible for notifying Mosaic Earth of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of customer, at the time of making the Booking. Mosaic Earth will make travel service suppliers aware of such requests and customer shall be responsible for any additional costs for such requests, however Mosaic Earth shall not be responsible for any failure by the travel service suppliers to provide such services.

Customer acknowledges that a credit card may be required for accommodation the time of check-in and a preauthorized amount will be held by the credit card company in favour of the accommodation provider until check out to cover any damages and/or incidental amounts charged by customer during the stay. Customer also acknowledges that failure to present a valid credit card and permit the preauthorized amount to be charged to the credit card will result in the reservation being cancelled. Customer also acknowledges that some accommodation requires proof of age for child bookings and if the child is not of required age the hotel may charge the full adult rate.

Customer acknowledges that Mosaic Earth, and others working with it, may make photographic, film or recording records of customer. Customer agrees to allow Mosaic Earth to use those photographs, film and recording for any legitimate promotional and/or commercial purposes related to Mosaic Earth’s business without payment of any remuneration.  If customer does not want to be recorded in any fashion, customer agrees to notify Mosaic Earth in writing prior to starting a trip.

Mosaic Earth shall not be liable for any damage or loss suffered by customer, including the inability to use any of the travel services, as a result of failing to comply with the duties and acknowledgements in this section.

Included & Not Included in a Tour

What is and is not included in any tour is set out in the Itinerary for the tour.

Customer Age & Activity Requirements

Age and activity requirements for any tour are set out in the Itinerary for the tour.

Privacy

Mosaic Earth will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information. In particular, it will:

1. Protect personal information held by it.
2. Identify the purpose of its collection and how it will be used.
3. Use the information collected only for the stated purpose.
4. Ensure that the information is accurate, complete and up to date.
5. Protect the information against loss or theft.
6. Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.

Waiver of Rights

Mosaic Earth has advised customer that because of the worldwide effects of COVID 19 Mosaic Earth cannot provide any assurance about conditions in any location, the methods used in any location to manage COVID-19, the services or amenities available in any location, or the effects of COVID-19 on any of the travel services. Knowing these conditions and having been given this warning by Mosaic Earth, customer, on customer’s own behalf and on behalf of all other customers on the booking, acknowledges that use of the travel services has significant inherent risks and that customer agrees to waive any and all rights s/he/they may now have or may have in the future against Mosaic Earth for any damages, actions, causes of action, proceedings, suits, debts, dues, covenants, contracts, claims and demands as a result of any adverse circumstances caused by or arising from the use of the travel services, including those related to delay, interruption or cancellation of some or all of the travel services, causing customer to have to remain in transit or stay at a location for longer than anticipated, all at the expense of customer.

Indemnification by customer

Customer undertakes and agrees to defend and indemnify Mosaic Earth and hold Mosaic Earth harmless, at customer’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Mosaic Earth may sustain or incur by reason of:

(a) any breach of these Terms by customer;

(b) anything stated by customer to other customers on the booking that is contrary to any of these Terms hereto or the terms and conditions of any travel service supplier;

(c) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by customer;

(d) a claim, demand, suit, etc. made by customer; and

(e) a claim by a credit card company or other third party dealt with by the Mosaic Earth in relation to the booking of travel services for customer,  including any charge back request by customer or credit card issuer.

Customer’s obligations in this section shall continue in force after the use of the travel services by customer.

Changes to these Terms

Mosaic Earth may make changes to these Terms from time to time and all changes shall be binding on customer from the date on which the change is brought to customer’s attention.

Mosaic Earth’s Responsibility

Mosaic Earth arranges travel services with independent third parties, such as providers of accommodation, transportation, tour operators, baggage handlers and other independent third parties to provide customer with the travel services purchased. Mosaic Earth exercises care in selecting these independent third parties and pays particular attention to their reputation and reliability. However, Mosaic Earth does not control these independent third parties and cannot be held responsible for their performance or lack of performance.

Mosaic Earth is not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, employee or sub-contractor supplying any of the travel services.

Mosaic Earth is not responsible for consequential damages or special damages suffered by customer, even in circumstances in which Mosaic Earth is aware of the reason customer is using the travel services, including circumstances in which customer arrives at a destination later than expected and/or are unable to access a part of a tour, whether that part of the tour is included in the price of the Booking or not.

No customer shall have any claim against Mosaic Earth by reason of customer failing to purchase travel insurance or because customer failed to advise other customers on the booking to purchase travel insurance.

Limitation of Mosaic Earth’s Liability

Mosaic Earth’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to Mosaic Earth by customer, in relation to which any claim by customer is made.

Force Majeure

In no event shall Mosaic Earth be liable for any failure to perform Mosaic Earth’s obligations or delay in performing Mosaic Earth’s obligations where such failure or delay is due to events beyond Mosaic Earth’s control which prevents or delays the performance of Mosaic Earth’s obligations, including without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services. In any such circumstance, in which Mosaic Earth is prevented or delayed in the performance of its obligations, Mosaic Earth shall not be obliged to return any amount paid by customer.

Customer acknowledges that Mosaic Earth, on behalf of customer, will forward funds to independent travel service suppliers, and that once forwarded, these funds may not be recovered and/or refunded.  Where a force majeure event has occurred, performance of Mosaic Earth’s obligations shall be suspended for the duration of the force majeure event, and Mosaic Earth shall perform Mosaic Earth’s obligations only when it is possible to do so.

In any event, the liability of Mosaic Earth arising out of force majeure event shall not exceed amounts paid by the customer directly to Mosaic Earth, and Mosaic Earth shall not be liable for any consequential or indirect damages or legal costs incurred by any party.

General Provisions

NOTICE: Notice may be provided either in writing, to the last address provided by the customer/Mosaic Earth, delivered by hand, or by email or other electronic method, in which case it will be effective only when it acknowledged by the other party.

PARTIAL VALIDITY: If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

MODIFICATION: These Terms may be modified by the Mosaic Earth at any time.

LAW GOVERNING TERMS: These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia.

FORUM FOR DISPUTES: The courts of city of Vancouver, British Columbia shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms.

SUCCESSORS AND ASSIGNS: These Terms shall be binding upon and shall inure to the benefit of the customer/Mosaic Earth and their successors, assigns, administrators and executors.

COMPLETE UNDERSTANDING: These Terms represent the complete understanding of the customer/Mosaic Earth with respect to the booking of the travel services and specifically exclude any representation made that is not included in these Terms.

WAIVER: No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provision(s), whether or not similar, nor shall any waiver constitute a continuing waiver.

For any questions or concerns regarding these Terms & Conditions, contact:
travel@mosaicearth.ca | +1 (833) 405-2310