Traveller’s Terms and Conditions
These Traveller Terms and Conditions (the “Terms”) apply to each trip (“Trip”) as organized and guided by Rue Pigalle Inc. (“Rue Pigalle”) and taken by you, the traveller (“You”).
By proceeding to book a Trip you understand and agree to be bound by the provisions of these Terms.
Rue Pigalle is an independent travel experience insider that organizes and guides Trips. However, Rue Pigalle does not sell Trips or any travel-related services, is not a travel agent or a wholesaler/reseller of travel services. You understand and acknowledge that the Trip is sold directly by TWIL Travel Corp. (“TWIL”) to You. Rue Pigalle is not and does not become a party to any contract between You and TWIL. In the event of a dispute between You and TWIL, you understand and agree that Rue Pigalle is under no obligation to become involved in the dispute. Rue Pigalle is not an agent of TWIL. Please consult TWIL’s terms and conditions for more information.
Rue Pigalle makes every effort to ensure that the information and content provided about the itinerary for Trip (the “Itinerary”) is current and accurate. However, Rue Pigalle shall not be held responsible for any inaccuracies or omissions. You understand and acknowledge that the Itinerary is subject to change. Rue Pigalle reserves the right to modify, alter or substitute all or any part of the Itinerary according to local conditions, the desire and needs of travellers or circumstances or events outside of the control of Rue Pigalle, without compensation.
3. Changes, Cancellations and Refunds
You and TWIL are responsible for any changes to Your booking for the Trip. You must contact TWIL directly to modify or cancel a booking for the Trip and to request any reimbursement or refund that may apply.
4. Special Requests
Rue Pigalle will do its best, but does not guarantee, to accommodate Your special needs and requests. Any such request(s) must be made at the time of booking the Trip with TWIL.
You understand that Rue Pigalle does not arrange for or provide any insurance, either travel, life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with Your participation in the Trip. You will arrange for and pay Your own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Trip.
The Trip may include services, experiences and activities provided by third-party suppliers (each a “Supplier”). Rue Pigalle makes no representation, warranty or guarantee regarding the reliability, suitability, performance or ability of any Supplier or the availability, quality, timeliness, condition or safety of any service or good provided by a Supplier, including the acts and omissions of their respective employees, representatives or agents.
7. Your Conduct
Your participation in the Trip is subject to all applicable laws and regulations. You agree that You will not: promote or engage in any unlawful or illegal activities during the Trip; or engage in any behaviour or activity that unduly interferes with or disrupts the Trip or the experience of any other traveller.
8. Assumption and Acknowledgment of Risks
You acknowledge and understand that participation in the Trip involves certain risk and dangers of accidents, serious personal and bodily injury, including (without limitation) death, and property loss or damage. You have considered and evaluated the nature, scope, and extent of the risks involved and voluntarily and freely chooses to assume these risks.
You also acknowledge and understand that participation in the Trip may involve physical activity, such as brisk walking and climbing stairs, and affirm that You are in sufficient health to participate in the Trip.
9. Limitation of Liability
To the extent permitted by applicable law, you expressly understand and agree that Rue Pigalle shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages, which may be incurred by you in connection with your participation in the trip, however caused and under any theory of liability, including, but not limited to, personal injury, property damage or any intangible loss.
The limitations on Rue Pigalle’s liability to you in this section shall apply whether or not Rue Pigalle has been advised of or should have been aware of the possibility of any such losses arising.
10. Release and Indemnification
To the maximum extent permitted by applicable law, You agree to release, defend and indemnify Rue Pigalle, and its parent companies, affiliates, subsidiaries, directors, officers, employees, insurers, agents, assigns and successors, of and from any and all causes of action, lawsuits, losses, damages, injuries (including personal and bodily injuries, death and injury to property) howsoever caused (whether by negligence or otherwise), claims, demands, sums, costs, expenses (including legal fees and disbursements), and any other liability of any kind, of or to You or any other person, directly or indirectly arising out of or in connection with, (a) Your breach of these Terms; (b) Your participation in the Trip; (c) Your interaction with any other traveller or person on the Trip; or (d) Your breach of any laws, regulations or third party rights.
The failure of Rue Pigalle to claim a breach of any term or condition of these Terms shall not constitute a waiver of such breach or the right of Rue Pigalle to enforce any subsequent breach of such term. No failure or delay of Rue Pigalle in exercising any right under these Terms shall constitute a waiver of that right.
If any provision of these Terms is held to be unenforceable or illegal, such decision shall not affect the validity or enforceability of such provision under the circumstances or the remaining provisions of these Terms and these Terms shall be reformed only to the extent necessary to make them enforceable under such circumstances.
These Terms shall be governed by the laws of the Province of Ontario without regard to its conflict of law principles. The courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms and each party hereby consents to the exclusive jurisdiction of such courts.