THESE TERMS AND CONDITIONS OF BOOKING AND SALE (“TERMS & CONDITIONS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

The purchase of your travel services and any related products or services (“Travel Booking”) from EveryWander by Jessica Ma. (referred to as “EveryWander”, “we”, “us”, or “our”) constitutes a contractual agreement between the traveler(s), client(s), customer(s), and/or purchaser(s), (collectively referred to as “you” and “your”) and us and you agree to the following Terms & Conditions. In these Terms & Conditions references to “you” and “your” include the first named person on the Travel Booking and all persons on whose behalf a Travel Booking is made and you consent to our use of personal data in accordance with our Privacy Policy and are authorized on behalf of all persons named on the Travel Booking to disclose their personal details to us.

These Terms & Conditions are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms & Conditions will be in effect as of the “Last Updated Date” referenced on our website. You should review these Terms & Conditions prior to booking and purchasing any products and/or services through us.

AGENCY

EveryWander acts as a travel agent only. Many, if not all, of the services that make up your Travel Booking are provided by independent third-party Travel Suppliers including without limitation, hotels, airlines, cruise companies, tour operators (collectively referred to as “Travel Supplier”). Payment for your Travel Booking to us, as the agent of the Travel Supplier, binds you to the Terms & Conditions of the Travel Supplier, and: (i) if for any reason, any Travel Supplier is unable to provide the services for which you have contracted, your remedy lies against the Travel Supplier, and not against us; (ii) we do not represent that any travel products or services will be suitable for you, and we do not accept legal liability or responsibility for any services of a Travel Supplier that does not meet your expectations; and (iii) we rely on the information that is provided by the Travel Supplier to assist you to make an informed decision, but we cannot guarantee the accuracy in respect thereof.

It is possible that flight times, accommodations, and or other travel services booked may change even after the Travel Booking is completed and partial or full payment is received. We recommend you familiarize yourself with the Terms & Conditions of the Travel Supplier by referring to their websites and confirmations provided by the Travel Supplier. Any personalized travel requests (e.g. seat selection, specific stateroom number, or location) are subject to availability and cannot be guaranteed.

PRICE, AVAILABILITY, AND INCREASES 

Prices and availability quoted are subject to change (at the sole discretion of the Travel Supplier) at any time until full payment has been received and tickets have been issued. EveryWander does not warrant that prices will not change until a booking is paid in full. If the total price of the Travel Booking is increased and the cumulative increase is more than 7% (except increases resulting from foreign exchange fluctuations or an increase in retail sales tax or federal Goods and Services Tax or Harmonized Sales Tax), you have the right to cancel the contract and obtain a full refund from the Travel Supplier. Airfares and tour operator rates are subject to change without notice if full payment for a Travel Booking has not been received.

Additional airport, hotel, car rental, government taxes (other than sales tax), and other such fees may not be included in your purchase. These are frequently collected at the destination and may include without limitation tourist occupancy taxes, mandatory car rental insurance, resort fees, and entry visas. 

TRAVEL SUPPLIER PAYMENTS

All deposits and subsequent payments are due in accordance with the Travel Supplier payment terms. Payment due dates vary and are dictated by the Travel Supplier. Payment is required no less than 2 business days prior to the due date if a Travel Supplier accepts credit card payment. Payment is required no less than 10 business days prior to the due date if a Travel Supplier requires payment by wire transfer. Some airfares or travel services must be paid in full at the time of booking. Some or all of the monies paid to Travel Suppliers may be non-refundable. If payment dates are missed, the Travel Booking will be cancelled and deposits forfeited, and you will be responsible for paying EveryWander cancellation fees and any Travel Supplier penalties as a result. 

CREDIT CARD CHARGEBACK

If for any reason, any Travel Supplier is unable to provide the services for which you have contracted, your remedy lies against the Travel Supplier, and not EveryWander and in the event that payment has been made to us by credit card, you agree that you will not seek to chargeback your payment to us. If the credit card is passed through to the Travel Supplier and you seek to chargeback your payment from the Travel Supplier, you agree to be held liable and indemnify us against this chargeback from the Travel Supplier, including without limitation any air debit memos charged to us. If we incur any costs, including but not limited to legal and processing fees, to recover any payments charged back by your credit card company, you agree that you will be liable for those costs in addition to a Special Request Fee for the time we spend to bring resolution to this matter. If your credit card, as the form of payment is declined, you guarantee that you will settle any amounts owing to us via another payment method immediately. You also understand that no prices or space can be held, and no portion of your Travel Booking will be confirmed until full payment is received. Furthermore, if your credit card is declined, you must pay us a Declined Credit Card Fee to compensate for the additional time required to process your payment and Travel Booking. 

TRAVEL DOCUMENTATION

You are responsible for compliance with any passport, visa, and entry requirements for the country(s) you are visiting in your Travel Booking. It is strongly advised that you travel with a passport valid for a minimum of 6 months after the last date of your Travel Booking. A passport is the only reliable and universally accepted travel and identification document. Using other documentation such as travel confirmations, drivers’ licenses, or refugee status cards may result in delays or being denied boarding. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities and/or not being permitted into a country, will be your sole responsibility.

Any entry requirement information provided to you is dependent on the accuracy of the information provided by you. Entry requirements can change prior to your intended travel date. It is your responsibility to verify documentation requirements as your travel date approaches and during your trip if required. For reference purposes only, you may review current entry requirements at https://apply.joinsherpa.com/travel-restrictions?affiliateId=sherpa&language=en-US. It is also strongly recommended to verify entry requirement information with a country’s consulate office and/or website. 

Any change to the length of stay may result in a change of documentation needed to travel. Failure to provide the required documents may result in being denied boarding privileges by the carrier or relevant authorities, without further recourse or the possibility of a refund. Cruise passengers must present a valid passport, regardless of the entry requirements for their country of embarkation. To re-enter Canada; non-Canadian passport holders will need to provide proof of valid Canadian Permanent Residency, a valid Canadian visa or proof of outbound ticket within visa exception allowance. Citizens from countries other than the United States (U.S.) who do not need a visa to enter Canada will need to obtain an ETA before flying into Canada. Travelers do not need an ETA when entering Canada by land or sea. Immigration authorities have the sole discretion to deny entry even when the relevant documentation is provided. A traveler with criminal history may be denied entry. We recommend that you inquire with the Consular Affairs Bureau for Canadians Abroad or review online the Essential Information for Canadian Travelers Guide at https://travel.gc.ca/ to satisfy personal requirements. If you are not a citizen of Canada, we recommend that you inquire with the relevant authority in your country that oversees travel abroad for citizens of your country. Some countries require travelers to be issued a special international driver’s permit and/or international proof of insurance.

HEALTH AND SPECIAL REQUIREMENTS

It is your responsibility to ensure you are aware of any health requirements, advisories, or travel restrictions applicable to your travel destinations and to ensure that you carry all necessary vaccination documentation. For some countries, international health certificates and vaccinations are required. In some cases, failure to present required vaccination documentation (e.g. Yellow Fever vaccination) may result in you being denied entry into a country. We recommend you consult a travel medical service or specialist vaccination clinic at least 4-weeks prior to your departure date. 

As it relates to any health emergency such as the COVID-19 pandemic, a Travel Supplier and local authorities at travel destinations may require without limitation, specific testing, such as a temperature check, or proof of vaccination prior to boarding and/or upon arrival at your destination. You may be denied entry onto your carrier and/or entry upon arrival at your destination or be required to self-quarantine at your destination and upon your return to Canada. You must comply with local government regulations. Additional costs and penalties levied by any Government or local authority or as a result of Government health orders such as mandatory quarantine at a hotel, are your responsibility. General health advice for the destination you wish to visit is also available on the Government of Canada Travel and Tourism at https://travel.gc.ca/.

HEALTH REQUIREMENTS AND ASSUMPTIONS OF RISK FOR ADVENTURE, & SPECIAL INTEREST TRAVEL

You acknowledge that retreats and wellness and adventure travel (collectively referred to as “Special Interest Travel”), includes without limitation hiking, biking, watersports (kayaking, surfing, sailing), yoga and fitness retreats, and the related products and services offered, may involve a significant amount of risk and danger to your health and safety. You must be in good physical and mental health to participate in Special Interest Travel. Special Interest Travel may take place in areas where there is little or no access to normal medical services or hospital or medical facilities for serious problems. Medical and evacuation expenses will be your responsibility.

You acknowledge that: (i) by the very nature of Special Interest Travel, such tours or activities may be more challenging and demanding with a commensurately significant degree of personal risk and danger involved in participating, compared with more conventional travel, tours and activities, and may involve potential exposure to injury and in the countries and regions in which the Special Interest Travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision may not be as high as those standards in your country of residence; (ii) the Special Interest Travel may involve travel and visiting to remote or developing regions, where medical care may not be easily accessible; (iii) the condition of medical facilities in the countries you may visit varies and we make no representations and give no warranties in relation to the availability or standard of medical facilities in those regions; (iv) operational control of the Special Interest Travel may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against us; and (v) the enjoyment and excitement of the Special Interest Travel may be derived in part from the inherent dangers and risks associated with wellness, adventure, and Special Interest Travel and that those inherent dangers and risks are a reason why you wish to undertake and participate in the Special Interest Travel.

You are responsible for assessing whether a Special Interest Travel and your participation thereof is suitable for you. You should consult your physician to confirm your fitness for travel and participation in Special Interest Travel and any related and planned activities. You should seek your physician’s advice on vaccinations and medical precautions. We do not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of a Special Interest Travel based on your own unique circumstances, limitations, fitness level, and medical requirements.

TRAVEL PROTECTION COVERAGE

For your protection, we strongly recommend you purchase travel emergency medical insurance and trip interruption & trip cancellation insurance at a minimum. It is also recommended to extend your coverage to include all other costs and expenses that may arise as a result of loss, damage, injury, death, delay, or inconvenience while traveling. However, no representation or description of the protection made by us to you, constitutes a binding assurance or promise about the protection. EveryWander is not an insurance company and has no responsibility for the submission, payment, or adjustment of any insurance claims. Any claims that may fall under the relevant travel protection policy must be submitted to the insurance company identified in the policy. 

You acknowledge that insurance coverage is not included in the cost of any Travel Booking and you are required to obtain separate coverage at your own expense. It is your responsibility to ensure that you have sufficient insurance coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s), and activities in your Travel Booking so that the insurer may provide appropriate coverage. We will not be responsible for any loss, injury, damage, cost, or expense to you resulting from insufficient insurance coverage. Questions concerning specific coverage must be addressed directly to the insurance/protection provider. We shall not in any way be held responsible for any and/or all information provided by insurance providers’ employees and/or agents in this regard.

CHANGES AND CANCELLATIONS

Please be aware that flight and other Travel Bookings may be non-refundable and/or non-changeable depending on the type of fare purchased. Any changes or amendments to the itinerary or passenger(s) details may not be permitted or will incur a penalty from the airline, Travel Supplier, or us. By acknowledging and accepting these Terms & Conditions, we are hereby authorized by you to seek to recover any refunds/credits that may be available from any airline and other Travel Supplier if requested. Airline tickets are generally non-refundable once travel has commenced. If you cancel or change any flight segment or portion of your Travel Booking, you must advise us and/or the Travel Supplier immediately. Depending on the Travel Supplier’s cancellation policy, you may lose some or all the value of the remaining portion of your purchase. In addition, any change or cancellation initiated by you will incur a penalty from us. 

From time-to-time airlines may change or cancel your flight which is out of our control. If you require additional assistance from us to change or rebook your flight(s) after a change or cancellation has been initiated by an airline, you will be required to pay us an additional Flight Booking Service Fee of $50 CAD per person.

FLIGHT RESERVATIONS, ERRORS, SCHEDULE CHANGES AND CHECK-IN

EveryWander only makes flight reservations for you that have a flexible change or cancellation policy. A flexible change or cancellation policy means a flight can be i) cancelled for either a full refund or full refund less a fee, ii) changed for free or for a fee or iii) exchanged for a future travel credit, prior to departure. We will not make any flight reservations that cannot be changed or cancelled. You are responsible for paying change or cancellation fees charged by the airline in addition to our fees.

You are responsible for reviewing your flight reservation(s) and advising us of any errors or discrepancies within 24-hours of booking. We will not be held responsible if you are unable to complete your flight or incur additional costs due to errors in your reservation that include without limitation incorrect dates, or flight times and/or name or date of birth details that do not match your travel document if the error was not brought to our attention within 24-hours of booking.

Flight times shown in your Travel Booking may change between the date of booking and the date of travel. It is your responsibility to confirm your flight departure times. We are not responsible for schedule changes.

It is strongly recommended you check-in online in advance for flights and should arrive at the airport at least 2-hours for domestic and 3-hours for international prior to the scheduled departure time of your flight. All travelers must be present with their boarding documents, passport, and necessary visas for the destination. Any traveler arriving late for check-in will be denied boarding and will be responsible for any additional expense(s) that results from a missed flight.

BAGGAGE ALLOWANCES AND RESTRICTIONS

Not all air carriers have the same baggage allowance policy, and it is your responsibility to check the policy before your trip. Weight, excess, and piece limitations as well as baggage fees can vary from one air carrier to the next. You, and not us, will be responsible for paying all baggage fees. 

ADDITIONAL CONSIDERATION FOR TRAVELERS

Travelers should be aware that different living standards and practices may exist outside of your home country including but not limited to provision of utilities, e.g. water and electricity, accommodations, services of all kinds, food, food preparation, and water quality. We will not be held responsible for any loss, damage, illness, or injury resulting from different living standards.

The quality of accommodations advertised by a Travel Supplier has been rated in accordance with the standard of the destination and could be different from the standard of accommodations in your home country. As there is no international rating system for accommodations, standards can vary significantly. In addition, accommodation ratings for the same product may also vary between Travel Suppliers. We recommend you perform your own independent research prior to making your final decision. From time to time, service may be interrupted at any time for renovations, maintenance, or construction. We are a travel agent only and cannot be held responsible for quality or interruptions of service.

It is possible that you will encounter difficulties related to your Travel Booking that are sometimes unavoidable and out of our control. We strongly recommend first addressing the situation directly with the Travel Supplier prior to contacting us.

A Travel Supplier may charge you additional local fees not included in invoices provided to you by us, which are payable direct to the Travel Supplier. Fees may include without limitation, local government taxes collected by hotels and mandatory car rental insurance. In all instances, you, and not us, are responsible for paying these fees. In addition, some Travel Suppliers, may require a credit card guarantee prior to providing products or services. It is recommended you have sufficient available funds on your credit card.

TRAVELLING WITH CHILDREN

Whether traveling alone or accompanied by an adult, each child must travel with his/her own travel documents, a passport and appropriate visa, plus supporting documentation proving custody. An adult traveling with minor children independent of the other parent(s) or legal guardian(s), is strongly advised to hold a notarized letter of travel consent signed by other parent(s) or legal guardian(s). The letter should include the signor’s address, phone details, authorization to travel, destination, and length of stay. If a parent/guardian is divorced or deceased, a custody document or death certificate is recommended. It is your responsibility to obtain all documents, as required by relevant government authorities of the country you are visiting. Some countries may not permit children to enter or, in some cases, leave the country without proper documentation such as a letter of consent or a court order. We recommend you obtain information from the consulate of destination. Further information regarding children and travel is available with the Government of Canada Travel and Tourism at https://travel.gc.ca/

RESPONSIBILITY AND COMPLAINTS

EveryWander does their best to make sure your travel arrangements are satisfactory. However, EveryWander and its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns do not own or operate any entity which provides goods and services for your Travel Booking including without limitation, accommodation, airline, vessel, motor coach, or other transportation companies, guides or guide services, local tour operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated to us. 

You agree to bring any complaints to us as soon as possible to provide us with the opportunity to properly address such a complaint. We assume no liability for complaints that are not properly brought to our attention, and we cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Travel Booking must be received in writing by us within thirty (30) days of the last day of the Travel Booking.

LIMITATION OF LIABILITY, EXTRAORDINARY CIRCUMSTANCES, AND FORCE MAJEURE INCIDENTS

EveryWander is not liable for any negligent or willful act or failure to act of any Travel Supplier or of any third party. In In addition and without limitation, we are not responsible for any injury, loss, pain and suffering, emotional distress, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services, including those related to Special Interest Travel, whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time. Also be advised that certain foreign facilities such as air-conditioning systems in public places, hotels and motor coaches may not be up to your current living standards. If due to weather, flight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own accommodation, transfers, and meal costs. Baggage is entirely at the owner’s risk. The prices of tours are based on rates in effect (including foreign exchange rates) at the time of printing and are subject to change without notice.

WAIVER OF RECOURSE TO THE COURTS AND BINDING ARBITRATION

You and EveryWander by Jessica Ma. are agreeing to give up any rights to litigate claims in a court. Other rights that you would have if you went to court may also be unavailable or limited in arbitration. 

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to a Travel Booking, including Special Interest Travel, or purchase of any products or services through us, will be resolved exclusively and finally by binding arbitration. 

In the unlikely event that a dispute arises between you and EveryWander, the following conditions will apply: (a) the dispute will be settled by binding arbitration in accordance with the Commercial Arbitration Act (British Columbia); (b) the arbitration proceeding shall be brought and held in the City of Vancouver, British Columbia, Canada; (c) the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court or competent jurisdiction; and (d) the maximum amount of recovery to which you shall be entitled under any and all circumstances will be the sum of all monies actually received from you by us. You agree that this is a fair and reasonable limitation on the damages, of any sort whatsoever, that you may suffer.

If any provision of these arbitration terms is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

GENERAL PROVISIONS

Governing Law and Jurisdiction. These Terms & Conditions shall be governed by, construed and/or interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction.

Assignment. We may at any time assign any of our rights and/or obligations under these Terms & Conditions, in whole or in part, without notice to you. You may not assign any of your rights or delegate any of your obligations under these Terms & Conditions. Any purported assignment or delegation in violation of this section of these Terms & Conditions is null and void.

No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EveryWander by Jessica Ma.

No Third-Party Beneficiaries. Save and except as expressly provided otherwise in these Terms & Conditions, these Terms & Conditions are for the sole benefit of each of us and you, and nothing herein, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of these Terms & Conditions.

Notices. (i) To You. We may provide any notice to you under these Terms & Conditions by sending a message to the email address you provide to us and consent to us using. It is your responsibility to keep your email address current. (ii) To Us. To give us notice under these Terms & Conditions, you must contact us as follows: (i) by email transmission to info@movementtravel.com. Notices provided by email transmission will be effective one (1) business day after they are sent.

Enurement. These Terms & Conditions shall enure to the benefit of and be binding upon each of you and us and our respective personal and legal representatives, successors and permitted assigns.

Severability. If any provision of these Terms & Conditions is deemed to be invalid, illegal, void or unenforceable, then such provision shall be severed from these Terms & Conditions and shall not affect the validity or enforceability of the remaining provisions of these Terms & Conditions.

Entire Agreement. Our Travel Booking confirmation email(s), these Terms & Conditions, our Website Terms and Conditions of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms & Conditions.

ELECTRONIC OR HANDWRITTEN SIGNATURE

Both parties agree that you may acknowledge and agree to these Terms & Conditions: (i) electronically; (ii) by handwritten signature; (iii) by any other electronic means, including without limitation acknowledgment through the submission of an electronic form; or (iv) by your implied consent deemed via your actions which shall include without limitation the payment of an Invoice and/or your use of the services provided by EveryWander or any other Travel Supplier related to your Travel Booking. All such means will be deemed to constitute effective acknowledgement and execution of this Agreement and shall be sufficient to bind the parties to the Terms & Conditions and conditions of this Agreement.

Last update March 24 2024