We know. We think it’s boring too…but the lawyer says it must be mentioned.

Terms & Conditions

Welcome to the www.TravelPotions.ca website (“website”) which is owned and operated by 2734128 ALBERTA LTD (DBA “Travel Potions”, collectively known as “WE” , “OUR”, and “US”). The use of our website and the purchase of travel through one of our independent agents constitutes a contractual agreement between Travel Potions and the traveler(s), customer(s) and/or purchaser(s), passenger(s), cardholder(s) (collectively known as “YOU” and “YOUR”) to all such Terms & Conditions listed below and is accepted by you without modifications of the terms, conditions, and notices contained herein.

​AGENCY

We, 2734128 Alberta Ltd. o/a Travel Potions, act as the agent or intermediary for or in respect of the suppliers (the “Suppliers”) of the travel related services (such as air, ground and sea transportation, hotel and other accommodation, tours, meals, services and insurance products) that are sold or reserved through us (the “Travel Services”). We are not the principal. As the Suppliers control the delivery of the Travel Services, we do not warrant their delivery or the quality of any Travel Service. We also do not warrant the financial position of any Supplier. You agree that we will not be liable to you or any other person for any refund, loss, damage, delay or injury resulting from the failure of any Supplier to provide any Travel Service to you timeously or at all, or for any other breach of contract or any intentional or careless act or omission by any Supplier of any Travel Service.

SUPPLIERS' TERMS

By agreeing to purchase travel through Travel Potions, you acknowledge having had the opportunity to review the Travel Supplier(s) terms & conditions prior to completing the purchase, either under deposit, or paid in full. The Supplier’s terms and conditions apply to the Travel Services as between you and the Suppliers. Unless otherwise stated in the documents supplied to you, the Travel Services are non-refundable and have restrictions, fees and penalties relating to changes or cancellations. Charges as per our standard Fee Schedule apply to cancellations, variations and any additional services you may request. The flight times & routes may change. The Suppliers’ terms and conditions are indicated on their respective websites or are available on request. Travel Potions is not responsible for the actions or inactions of it’s suppliers.

You are responsible for providing Travel Potions with proper and correct personal information required to create your booking with the Travel Supplier(s) and any errors, omissions, spelling mistakes or other errors or omissions, made by you that you provided to us, resulting in change or cancellation fees, or refusal of travel by the airline, cruise line, hotel, or immigration authorities, are solely your responsibility. Please review your invoice, tickets, and documents thoroughly. It is your obligation to have a valid passport, visa and/or other travel documentation required. We will assume all travelers on the booking have valid Canadian passports. You are required to inform Travel Potions if this is not the case. Any fines, penalties, payments, or expenditures incurred as a result of said documents not meeting the requirements of any regulatory authorities are your sole responsibility.

If for any reason, any Travel Supplier is unable to provide the services for which you have contracted, it is up to the Travel Supplier(s) to remedy according to their terms & conditions and not the responsibility of Travel Potions. We do not represent that any travel products or services will be suitable for you or meet your expectations and we do not accept legal liability for Travel Suppliers acts or omissions. We do not guarantee Travel Suppliers’ rates, reservations, connections, scheduling, or protection of personal belongings. Travel Potions assumes no responsibility for the actions of Travel Suppliers, including but not limited to: overbooking, route changes, cancellations, or delays. Travel Potions shall not be liable for any damages or loss due to theft, illness, labor disruptions, acts of God, mechanical failure, equipment failure, pandemics or epidemics, rescheduling, government action, war, insurgency or act of terrorism, weather, or any other event that is beyond our control.

Travel Potions relies on the information that is provided by the Travel Suppliers to assist you in making an informed decision but cannot guarantee the accuracy thereof. All personal travel requests of any kind, such as room location/bed type, that are not specified directly by the Travel Supplier at time of booking. are not guaranteed.

WAIVER OF TRIP DETAILS

You acknowledge that you are responsible for reviewing and confirming all details of your itinerary and bookings. Any failure on your part to review and confirm shall not create liability on the behalf of Travel Potions, it’s agents, directors, affiliates or otherwise.  You hereby release Travel Potions from any mistakes, miscommunications or errors in your bookings and you take full responsibility for those herein.

WAIVER OF DOCUMENTS

It is your responsibility to ensure that you have all required travel documents (including but not limited to passports, visas, travel permissions) and have all of the required vaccinations, and entry requirements required for your travel. You waive all and any rights or claims that you, your heirs, assigns or any other person may have against us arising directly or indirectly from the occurrence of any such risk, or our failure, whether negligent or otherwise, to inform you of any risks or of precautions you should take or documents you may require. 

LIABILITY WAIVER

We are not responsible for any loss, damage, delay or injury caused to you or any of your travel companions by theft or any other criminal activities, terrorist activities, war, social or labour unrest, mechanical or construction failure or difficulties, disease, local laws, climatic conditions, abnormal conditions or developments or any other actions or conditions outside of our control. By embarking on your travel you voluntarily assume all the risks involved with such travel whether expected or unexpected. You are hereby warned of such risks and you should inform yourself of any applicable Travel Advisories and inoculations or other precautions that should be taken for your trip. You, the traveler, understands and voluntarily assumes the risks, both known and unknown associated with your trip or activity. You waive all and any rights or claims that you, your heirs, assigns or any other person may have against us arising directly or indirectly from the occurrence of any such risk, or our failure, whether negligent or otherwise, to inform you of any risks or of precautions you should take or documents you may require. I, the traveler RELEASE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS Travel Potions and it’s agents, affiliates, owners, representatives, employees, officers, related entities, independent contractors/sales representatives, volunteers, successors and assigns.  

GENERAL

Alberta law applies to our terms and conditions in this Notice. You agree and submit to the sole jurisdiction of the appropriate court in Calgary in any proceedings between you and us arising from our arrangements. The unenforceability of any term in this Notice shall not affect the enforceability of the other terms, which shall be deemed to be severable from any such unenforceable term.

OUR EMPLOYEES ETC.

The exclusions of liability, waivers of rights and claims and other appropriate terms referred to in this Notice will also apply to and be for the benefit of employees, directors, shareholders, and independent agents of Travel Potions.

PRICE

Prices and availability quoted are subject to change (at the sole discretion of the Travel Suppliers). Occasionally, Travel Suppliers have published incorrect prices and they maintain the right to cancel your booking, which is out of our control.

All deposits are non-refundable. Final payment is required as stated on your invoice. Failure to pay by the stated deadline will result in the Travel Supplier canceling your booking.

Refunds are not provided for any unused travel services or any unused portion of travel services, unless specified by the Travel Supplier.

Any changes to your booking, made by the Travel Supplier, are subject to the terms & conditions of that Travel Supplier. Any changes or cancellations made by you, please be aware that the Travel Supplier may charge a fee, or refuse changes of any kind and may result in full penalty. Refer to the Travel Supplier terms & conditions for details and important dates. Please note that some airlines and Travel Suppliers cannot be changed or cancelled for any reason and have a 100% no change or cancellation policy.

PAYMENT

The credit cardholder and/or payor (if payment is made via email money transfer) on the booking is who Travel Potions has the contract/agreement with and is who we are liable to. By providing Travel Potions with your credit card you are authorizing us to use your credit card to pay for travel services and you are confirming that you will pay the total amount charged according to your cardholder agreement. In addition, you agree not to chargeback your payment for the travel services you receive. By sending Travel Potions an email money transfer, you are authorizing us to book and pay for travel services.

Please note that Travel Suppliers use different merchants to process credit card payments. Authorized Transactions may be different from the amount you actually paid as some merchants require a temporary hold to be placed on additional funds. The correct amount will display when the transaction is shown as ‘posted’.

Please be advised that no rates or space can be held, and no portion of your travel booking will be confirmed until full payment is received.

In the event the Travel Supplier is unable to provide the services for which you have contracted and paid for, you understand and accept that this is beyond the control of Travel Potions, and up to the Travel Supplier to remedy in accordance with their terms & conditions, and you agree you will not chargeback your credit card regardless of whether it was processed directly through the Travel Supplier or through PayPal to Travel Potions. If you attempt to seek a chargeback on your credit card, you agree to be held liable and indemnify Travel Potions against this chargeback from the Travel Supplier including without limitation, any costs that Travel Potions incurs, including but not limited to legal fees to recover any payments charged back to your credit card company. You agree that you will be liable for these costs. If your credit card as form of payment is declined, you guarantee that you will settle any amounts owing to Travel Potions via another payment method immediately.

PRICE SUBJECT TO CHANGE

All prices are subject to change and are based upon availability.

ACKNOWLEDGEMENT OF FEES

You  acknowledge and agree that a portion of the trip costs/ bookings are fees for Travel Potions and their agents. By proceeding to book with Travel Potions and its agents you acknowledge and agree to pay these fees. All payments are final and you acknowledge and agree that you will not seek compensation from Travel Potions, it’s agents, affiliates or directors/shareholders after completion of your booking.

TRAVEL INSURANCE

Purchase of Travel Insurance – You are hereby advised to and encouraged to purchase travel insurance. If you purchase travel insurance with your travel arrangements, you hereby confirm that you understand the insurance policy Terms and Conditions, limitations, and exclusions. For quotes and information, please speak to your Travel Potions travel agent.

Refusal of Travel Insurance – You acknowledge you have been advised to purchase travel insurance and that travel insurance has been offered to you. If you decline to purchase travel insurance, or if you refuse to purchase insurance for the full amount and the duration of your trip, you release your travel agent and Travel Potions from any liability or expenses incurred.

Insofar as you may not already be bound by the above, your retention of tickets, reservations or bookings shall constitute a consent to the above.

TRAVEL WAIVER

Travel Potions offers retail travel services to customers, which are provided by separate and independent vendors of travel services. Travel Potions does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, customer agrees that Travel Potions acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing, and other privileges, or services for the clients’ benefit, and on the express condition that Travel Potions shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection there with.

ADDITIONAL TRAVELER RESPONSIBILITY

You confirm that you have the authority to book travel services on behalf of yourself and on behalf of all those included in your booking. If we find that your booking shows signs of fraud or suspicious activity, Travel Potions may cancel any bookings associated with your name and we may consider legal action.

TRAVEL COMPANIONS

The terms, conditions and waivers of rights and claims referred to in this Notice will also apply to your travel companions or any other person for whom you may have requested Travel Services. You agree to convey the provisions of this Notice to them promptly, warrant to us that they, their heirs, assigns and any other person will consider themselves duly notified and bound by the provisions, and indemnify us against any claims by them in which they, their heirs or assigns allege that they are not so bound.

It is up to you to contact the Consulate, Embassy, or government website of your travel destination and airline to ensure you have the correct documents to enter every country you will visit. Some countries have restrictions on travel from other destinations. Although your Travel Potions agent will have provided you with relevant information, from the information that we know as related to what we have booked for you, it is your responsibility to be aware and prepared for all legal, documentation, health and other requirements of the destination you are traveling to. This includes appropriate documentation to return to Canada.

Travel Potions assumes no responsibility if you choose to travel to countries under travel advisories. Your health and safety is of utmost importance to us, please refer to the Government of Canada Travel and Tourism website - https://travel.gc.ca/ . Please note that travel protection, as a whole, does not cover known risks, health or otherwise, and you assume full responsibility and liability regardless of where you want to travel.

If you are traveling with children, please read https://travel.gc.ca/ for important information and tips.

Please check appropriate airline websites for flight and baggage restrictions and fees, check-in and cut off times as well as reconfirmation of flight times 12 to 24 hours prior to departure.

MODIFICATION OF THESE TERMS OF USE

Travel Potions reserves the right to change the terms, conditions, and notices under which the Travel Potions website is operating, including but not limited to the charges associated with the use of the Travel Potions website. The most current version of the terms & conditions will supersede all previous versions.

LINKS TO THIRD PARTY SITES

The Travel Potions website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Travel Potions and Travel Potions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Travel Potions is not responsible for webcasting or any other form of transmission received from any Linked Site. Travel Potions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Travel Potions of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Travel Potions website, you warrant to Travel Potions that you will not use the Travel Potions website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Travel Potions website in any manner which could damage, disable, overburden, or impair the Travel Potions website or interfere with any other party's use and enjoyment of the Travel Potions website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Travel Potions website.

USE OF COMMUNICATION SERVICES

The Travel Potions website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

Travel Potions has no obligation to monitor the Communication Services. However, Travel Potions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Travel Potions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Travel Potions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Travel Potions’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Travel Potions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Travel Potions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Travel Potions spokespersons, and their views do not necessarily reflect those of Travel Potions.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TRAVEL POTIONS OR POSTED ON ANY TRAVEL POTIONS WEBSITE

Travel Potions does not claim ownership of the materials you provide to Travel Potions (including feedback and suggestions) or post, upload, input or submit to any Travel Potions website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Travel Potions, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Travel Potions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Travel Potions’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TRAVEL POTIONS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAVEL POTIONS AND/OR ITS TRAVEL SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TRAVEL POTIONS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE TRAVEL POTIONS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TRAVEL POTIONS AND/OR ITS TRAVEL SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Travel Potions WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAVEL POTIONS AND/OR ITS TRAVEL SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAVEL POTIONS AND/OR ITS TRAVEL SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TRAVEL POTIONS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Travel Potions WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TRAVEL POTIONS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TRAVEL POTIONS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVEL POTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME LOCATIONS/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRAVEL POTIONS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRAVEL POTIONS WEBSITE.

SERVICE CONTACT: hello@travelpotions.ca

TERMINATION/ACCESS RESTRICTION

Travel Potions reserves the right, in its sole discretion, to terminate your access to the Travel Potions website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Alberta and you hereby consent to the exclusive jurisdiction and venue of courts in Alberta in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Travel Potions as a result of this agreement or use of the Travel Potions website. Travel Potions’ performance of this agreement is subject to existing laws and legal processes and nothing contained in this agreement is in derogation of Travel Potions’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Travel Potions website or information provided to or gathered by Travel Potions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Travel Potions with respect to the Travel Potions website and services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Travel Potions with respect to the Travel Potions website and/or services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Travel Potions website are: Copyright © of Travel Suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Travel Potions, its officers, directors, agents and third parties, for any losses, costs, liabilities and expenses including but not limited to solicitor costs to or arising out of your use, or inability to use Travel Potions website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.