Please consult with your travel agent if you have any questions and/or concerns
When you book with Sunwing Vacations Inc. any of its affiliates for whom Sunwing Vacations Inc. is acting as an agent hereunder (hereafter "Sunwing"), the following Terms and Conditions become part of your contract.
By accessing, browsing or making a reservation through this website, you expressly accept these Terms and Conditions, without modification, and intend to be legally bound by them. To the extent any travel products and/or services are booked through your Travel Agent or the Sunwing Sales Centre, you agree that these Terms and Conditions apply to all transactions. Please read these Terms and Conditions carefully. If you do not accept all of these Terms and Conditions, please do not use the website or make any reservations through your Travel Agent or the Sunwing Sales Centre.
ACCURACY OF INFORMATION
Sunwing makes every effort to ensure the accuracy of the information contained herein and to the best of its knowledge, all information is accurate at the time of publication. We try to ensure that the prices on this website are accurate, however, errors do occur and we reserve the right to refuse to accept and/or the right to cancel and refund any bookings, purchased at any price published in error. Updates are published on our website when new information is made available, however, Sunwing cannot be responsible for any inaccuracies or omissions contained herein or for any third party publications or postings. Information contained herein is provided as a guideline only and should be verified directly with other available sources. Sunwing reserves the right to make changes to these Terms and Conditions at any time, and such changes may occur after the printing of this brochure. Any changes to these Terms and Conditions will be effective immediately upon being posted on our website. We strongly recommend that you visit our website at www.sunwing.ca for our most up-to-date Terms and Conditions.
PRICING
Prices quoted in this brochure are in Canadian Dollars and are based on fixed costs at the time of printing. These prices are dependent on a variety of variable factors including, but not limited to, fuel costs, rates of exchange and other factors. Should these costs increase, Sunwing reserves the right to increase the price of any of our holiday products. In the event that any such increase is in excess of 7% (unless it is the result of an increase in government tax), you will be entitled to cancel your travel arrangements and receive a full refund. Commercially reasonable efforts will be made to advise you of any price increase at least 15 days prior to your departure date. All price increases may reflect administrative costs incurred. For competitive reasons, Sunwing reserves the right to deny a price match guarantee. Sunwing sets its prices based on its costs, as well as anticipated demand. Sunwing constantly reviews its prices throughout the season in accordance with availability and demand. We reserve the right to increase or decrease our prices accordingly. To check our current pricing please consult your Travel Agent, the Sunwing Sales Centre or visit our website, www.sunwing.ca, where the most up-to-date price is shown in Step 3 of the booking process.
PROMOTIONS
From time to time, Sunwing advertises promotional offers, which may be available nationally or may be limited to selected departure gateways, destinations or hotels. All of these promotions are time sensitive and, therefore, have a commencement and termination date. They are not combinable with any other promotion that may be advertised and available at the same time. All published prices and promotions advertised and offered by Sunwing have limited space availability and may be withdrawn at any time, with or without prior notice.
CHILDREN & INFANTS
Ages for children and infants’ fares vary from airline to airline, cruise line to cruise line and hotel to hotel. Sunwing recommends that you consult with your Travel Agent or the Sunwing Sales Centre to determine what the applicable age(s) and/or respective rate(s) are for children and infants. All cruise lines require that passengers under the age of 21 years must be accompanied by a passenger who is 21 years or older. For most cruise lines infants must be 6 months or older to travel in the Caribbean. Age restrictions vary by cruise line for family groups booking multiple staterooms – please inquire at time of booking. Upon check-in, hotels may require proof of age for customers with a reservation made at a “child price”. If a child’s age does not comply with the hotel’s policy (e.g. 2-12 years on the last day of travel) the hotel may charge the child as an adult and require immediate payment for the difference between the child rate and the adult rate. Infants under two years of age at the completion of travel fly free of charge (one infant per adult) but still require a reservation in order to appear on the passenger manifest, although the infant is not allocated an aircraft seat or any baggage allowance. If you require a crib on the ship or at the hotel, it must be requested at the time of booking and, if available, the hotel/the cruise line may assess a charge. Under certain circumstances, Sunwing will permit the sale of air tickets to unaccompanied minors. For full information on our unaccompanied minors policy please visit special assistance page. For all other airlines, please visit their website.
PREGNANCY
Sunwing Airlines will accept any woman travelling while pregnant on any Sunwing flight, if the pregnancy is uncomplicated with no previous history of premature labour. The passenger may travel up to and including her 36 weeks. The travel must be completed by the end of 36 weeks. For all other airlines, please visit their website for full information/restrictions. Cruise lines cannot accept expectant mothers who will have entered a specific week/trimester of their pregnancy by the beginning of or at any time during their cruise. All pregnant women are required to produce a doctor's or midwife’s letter stating that the mother and baby are in good health, fit to travel and the pregnancy is not high-risk. The letter must also include the Estimated Date of Delivery (EDD). Please check with your travel agent for specific cruise line policies.
CUSTOMERS WITH SPECIAL NEEDS
Customers with special needs who will require special services or assistance while travelling, including handicap adapted rooms and/or wheelchair accessible rooms and/or private transfers, must contact the Sunwing Special Services Department at the time of booking or at least 10 business days prior to departure. In order to ensure that you are properly assisted, we request that you advise us of any and all specific needs that you may have. This will help us to ensure that the proper travel arrangements are made for you to obtain the maximum enjoyment from your Sunwing holiday. Cruise ships have limited wheelchair-accessible staterooms for which a medical certificate is required. Customers with special needs must be self sufficient and accompanied by a least one other passenger who assumes full responsibility for their well being at all times. Under certain circumstances, customers in a wheelchair may be precluded from going ashore due to docking facilities. Reconfirm dietary requirements with the maitre d’ on embarkation day. The cruise line, hotel or Sunwing Vacations cannot be held responsible for non-fulfillment of any special needs request whatsoever. Please note that additional costs may be applicable for some or all of the services requested. Please note that some foreign destinations may not define or provide for wheelchair access in the same fashion that we are accustomed to in Canada and that some hotels may not be able to guarantee or confirm handicap adapted or wheelchair accessible rooms prior to departure. Please contact specialservices@sunwing.ca for further assistance. Please visit special assistance page for full details. For all other airlines, please visit their website.
PACKAGE HOLIDAY INCLUSIONS
Unless otherwise noted, the price of your package holiday includes round-trip airfare, cruise and/or hotel accommodation, meals as described (excluding specialty restaurants $) and one (1) round-trip transfer in destination to and from the airport and pier cruise port or hotel as selected. The features and the bonus features that are provided by the cruise line or each hotel (whether on a complimentary basis or not) are clearly described on each hotel page. All hotel information provided in this brochure has been provided to Sunwing by the applicable hotel management. Any features that are temporarily unavailable or that have been permanently withdrawn for whatever reason do not have any cash value and are, therefore, non-refundable. These features can be changed by the cruise line the hotel or Sunwing with or without prior notice. If your package includes a car rental, the lead name on the booking must hold a valid driver’s license.
COSTS NOT INCLUDED IN YOUR HOLIDAY PURCHASE
All costs for entry and exit fees, entry visas, passports, health certificates and items of a personal nature (e.g. laundry and dry cleaning, some a la carte restaurants, meals and alcoholic beverages not mentioned in itineraries, casino, medical services, excursions, telephone calls, internet access, faxes, spa and salon services, safe, mini-bar, tips, onboard gratuities/tips (a mandatory gratuity is added to all beverages purchased onboard) and certain baggage charges, etc.) are not included in the price of your holiday.
SUNWING PREMIUM PACKAGE PLAN
Sunwing’s Premium Package Plan is only available on flights operated by Sunwing Airlines. The plan is non-refundable, non-transferable and is not redeemable for cash (including unused coupons or features). For optimum choice, advance seat selection should be made as soon as your plan is purchased, but no later than 48 hours prior to departure. Seat selection is subject to availability at all times and once your selection is made, the entire fee is non-refundable and no changes are permitted to your selection. Priority Express Check-in is available at the designated counter and does not provide for later check-in than is normally recommended in Sunwing’s Terms and Conditions. The “No Administration Fee” offer is restricted to name-spelling corrections or changes to accommodation type as defined in these Terms and Conditions and does not include trip cancellation, modifications to the dates of travel, or to the number of persons travelling. The “No Administration Fee” is only applicable to the changes defined above and said changes exclude departures during Christmas, New Year’s, Spring/March Breaks and Easter. Any change to the original booking, as well as the replacement of lost or stolen ticket/hotel vouchers, is limited to one change per Premium Package Plan purchased. The $50 Sunwing Travel Voucher is valid for one (1) year from the date of issue and must be applied to the final payment of a future Sunwing Vacations holiday package for which Sunwing Airlines is the carrier. Vouchers may not be applied to group bookings. Please refer to the voucher for full stipulations. No refunds or credits will be issued for any unused portions. Premium Package Plan prices and inclusions are subject to change with or without notice.
PROTECT YOUR VACATION
Sunwing strongly recommends that you purchase our WORRY FREE Cancellation Waiver or Manulife Global Travel Insurance + Worry Free for Sunwing at the time of booking, or other sufficient traveller’s insurance to provide you with security and protection against unexpected events that could disrupt your holiday plans. Please visit Protection plan page for more information about our plans.
CRUISE / HOTEL PREFERENCE REQUESTS
Any cruise or hotel preferences such as cruise line dining times, room location, bed preferences, etc. that are not associated with special needs must be requested at the time of booking or by visiting My booking portal to add such requests after your booking has been made. While Sunwing and our suppliers will attempt to accommodate special requests, Sunwing will not be held responsible if such requests cannot be fulfilled. Please see CUSTOMERS WITH SPECIAL NEEDS” for additional information.
CREDIT CARD POLICY
Sunwing accepts MasterCard, Visa and American Express credit cards as forms of payment. If your payment is made using American Express, Visa or MasterCard, please be advised that Sunwing Vacations Inc. will appear as the vendor on your credit card statement. Your authorization to use your credit card number to pay for travel services provided by Sunwing indicates your acceptance of our Terms and Conditions. Therefore, by providing your Travel Agent or Sunwing with authorization to use your credit card to pay for your Sunwing travel services, you are confirming that you will pay the total amount charged for those services to the card issuer according to your cardholder agreement. If your payment is made through your travel agent, your travel agent becomes equally responsible for the payment of your reservations and it is its duty to keep a copy of your authorization on file. In the event the credit card holder is not one of the passengers travelling, a Third-Party Credit Card verification process will be completed up to and including completion of a Third-Party Credit Card form with the presentation of two pieces of government issued ID.
BALANCE OF PAYMENT
Full and final payment must be received by Sunwing 45 days prior to departure, or immediately for reservations made 45 days or less before departure. Failure to adhere to the payment schedule outlined in your booking terms and conditions may result in the cancellation of your booking at the applicable fees.
For Norwegian Cruise Line bookings, full and final payment must be received by Sunwing 120 days prior to departure, or immediately for reservations made 120 days or less before departure. For MSC and Marella cruise line bookings, full and final payment must be received by Sunwing 89 days prior to departure, or immediately for reservations made 89 days or less before departure.
For Sunwing Flex packages, full payment must be received at the time of booking and is fully non-refundable. Failure to pay the full amount due at time of booking will result in the automatic cancellation of your booking. Sunwing Flex travel services purchased through Sunwing are 100% non-refundable and no changes are permitted. Sunwing strongly recommends that you purchase travel insurance to provide you with security and protection for your holiday.
TRAVEL VOUCHERS
All Sunwing travel vouchers may be applied to the final payment for a future holiday package and/or Sunwing Airlines’ flight and must be submitted at time of booking. Stipulations may apply. Please refer to the terms and conditions stated on the travel voucher.
GIFT CERTIFICATES
Gift certificates can be purchased by calling the Sunwing Sales Centre in increments of $100 and are redeemable through your Travel Agent or the Sunwing Sales Centre. All Sunwing gift certificates can be applied on any vacation bookings made but they can only be used towards the full or final payment of your vacation. Gift certificates cannot be used as a deposit on your holiday.
TRAVEL DOCUMENTS
Travel documents for all Sunwing programs will not be released until Sunwing has received your full and final payment as per the requirements described elsewhere in these Terms and Conditions. For programs that have been designated as “electronic ticket” programs, your electronic ticket and voucher will be available for printing 28 days or less prior to the departure date. No electronic tickets and vouchers will be issued prior to 28 days before the departure date. Visit www.sunwing.ca/etix/ to access your tickets and other important information. For certain cruise programs your cruise e-documents will be forwarded to your Travel Agent approximately 14 days prior to your scheduled departure. Your airline ticket(s) will contain conditions as well as the terms of carriage. Please read these conditions carefully as they are important to you and affect your legal rights. Carriage and service performed and tickets issued are subject to the terms and conditions referred to on such tickets, the carrier’s tariff, the rules under the Warsaw or Montreal Conventions (as applicable), and other applicable laws and regulations. Sunwing Flex packages will be available for print 90 days prior to departure.
CRUISE - ONLINE CHECK-IN
Most cruise lines require guests to pre-register and complete mandatory immigration information online. Ensure your name appears exactly as shown on your passport. If the name does not match, contact your travel agent. You will need your cruise line booking number to access your record. Failure to provide this information will result in delayed check-in and possibly, denied boarding. If you do not have online access, please contact your travel agent to assist.
MSC DIVINA & MSC SEASIDE EXPRESS WEB CHECK-IN / GUEST DECLARATION FORM / CRUISE DOCUMENTS
Mandatory web check-in must be completed online at www.msccruisesusa.com under Manage Booking. Once you have accurately completed the required information you can print the Embarkation form which you must present at check in along with the cruise ticket. MSC Express web check in is available up to 24 hours prior to sailing – within 24 hours the system will automatically reject permission to print the final document required for the completion of this registration. Please note that MSC Cruises requires your Date of Birth, Nationality and Passport Number to release your cruise e-tickets. MSC Cruise e-tickets will not be released until this information has been provided. MSC Cruises e-tickets will be sent to your travel agent's e-mail address or alternate e-mail address on the booking. You may use MSC Express Web Check-in to input this information or call MSC Cruises (800) 666-9333.
MSC OPERA & MSC ARMONIA WEB CHECK-IN / CRUISE DOCUMENTS
Mandatory Web Check-in must be completed online at www.msccruises.com under Manage Booking. Once you have accurately completed the required information you can print the Embarkation form which you must present at check in along with your cruise e-documents. MSC Cruise e-tickets will not be released until this information has been provided. Please note MSC Cruises requires your date of birth, nationality and passport number to release you cruise e-documents. MSC Cruise e-doc will be sent to your agent’s email address or alternate email address on the booking.
NCL CRUISE LINE WEB CHECK-IN / CRUISE DOCUMENTS
Norwegian web check-in must be completed by each guest online at www.ncl.com/myncl within 60 day of sailing date. My NCL is where you can login to access all of your important pre-cruise information, customize your cruise, complete your online check-in and reserve shore excursions. Once you have accurately completed the required information you can print your NCL cruise e-documents to present upon check-in. All guests are required to register at least 3 days prior to sailing.
MARELLA CRUISES DOCUMENTS
There is no online pre-check in option for the Marella Discovery 2. All guests are required to present their Sunwing cruise e-ticket documents with confirmation number, along with a valid passport for check-in at the port terminal prior to boarding the ship. Should you wish to settle your account by credit card or debit card, a valid card will need to be provided upon check-in, otherwise, a cash deposit will be required. Guest will also be required to fill in a health questionnaire prior to check in.
MARELLA CRUISES TRANSFERS
Marella Discovery 2 cruise Packages include transfers to/from the airport/pier and will be provided by Marella Cruises. You will be met by a Marella Cruises' transfer representative outside the baggage claims area for your transfer to the cruise port. Your bags will be transferred with you to the ship and luggage tags will be available at the pier. Upon your return to the cruise port at the end of your holiday you will be met once again by a Marella Cruises' transfer representative for your return transfer to the airport.
MARELLA CRUISES & HOTEL STAY GUESTS
If you are cruising first, you will be transferred from the airport to the cruise pier upon arrival. However, post cruise land stays, transfer pier to hotel(s) are not included. If you are staying at a hotel first, precruise transfer airport to hotel(s) or hotel to cruise pier are not included. However, post cruise transfer will be provided from the pier to the airport.
ALL INCLUSIVE ON MARELLA DISCOVERY 2
On Marella Discovery 2 cruises, all customers receive the All Inclusive package. All Inclusive drinks include selected draught and bottled beers, spirits, aperitifs, cider, soft drinks by the glass, house wine, house Prosecco, selected hot drinks and a range of cocktails. Some branded spirits and premium drinks, such as Champagne, malt whiskies, bottled beers, all speciality coffees, bottled water and some premium hot drinks, aren’t included. Drinks are available from all bars, lounges and restaurants. If you order a drink between 2am and 10am, it’ll be charged to your onboard account. The minimum drinking age is 18. The All Inclusive package only applies when you’re on the ship and doesn’t apply to hotels on Cruise & Stay or Stay & Cruise holidays. The following dining venues are included in your All Inclusive package on Marella Discovery 2 – 47°, Gallery 47°, Islands, Snack Shack and The Glass House. At The Glass House, there is an additional charge for the hot stone option. Times for All Inclusive meals and snacks vary. The following facilities are included in your All Inclusive package on Marella Discovery 2 – minigolf, The Wall, The Veranda, Gamerzone, Baby Centre, Kids’ Club, Movies by Moonlight (time limits and/or age restrictions may apply to all or some of these activities).
You’ll need to pay for Items of a personal nature, e.g. laundry, telephone calls, tips, local excursions are not included in the price of your All Inclusive package.
DOCUMENTATION
It is your responsibility to obtain the correct documentation which is required for travel to your destination and for your return to Canada. Sunwing will assume no responsibility whatsoever for passenger(s) denied carriage by the airline or refused entry into any country. Canadian Citizens must carry a valid Canadian Passport. Canadian citizens can contact Foreign Affairs Canada at http://www.travel.gc.ca for assistance in obtaining this information. Non-Canadian citizens, please contact the relative Tourist Board or Consular Office prior to booking or contact Sunwing for further assistance. Please note that several countries now require that your passport be valid for up to six months after the completion of your travel in order to be accepted by them as a valid travel document. If your passport is damaged in any way, you could be denied boarding and you will be responsible for all costs associated with a new passport and a replacement holiday.
CUSTOMS & IMMIGRATION
Customs and/or immigration officials can deny a person, or persons, whether they are residents or visitors, entry (or re-entry) into their country at their own discretion. A previous criminal record could be an obstacle in international travel. Sunwing cannot be held responsible for denied entry under any circumstances.
LAWS & CUSTOMS
In order to familiarize yourself with relevant laws and customs and the necessary documentation for your travel from and return to Canada, we recommend that you refer to the relevant tourist boards, embassies or consulates for the countries that you will be visiting. In many of the destination countries that Sunwing flies to English/French are not official languages. If you encounter situations where you require translations services, our Sunwing Representatives cannot provide professional translation services due to legal liability implications. Please contact the Canadian Consulate office for assistance in hiring a qualified professional translator. Sunwing encourages all travelers to visit www.travel.gc.ca prior to travel for valuable and informative information and strongly recommends that you explore your destination prior to travel by clicking on the your destination listed on the home page of sunwing.ca
BAGGAGE ALLOWANCE
You must consult with your Travel Agent and/or the specific airline on which you are travelling for weight restrictions on both chartered and scheduled air service. Lost or damaged baggage is the responsibility of the airline, which may have limited liability. For flights operated by Sunwing Airlines, we strongly recommend that you purchase Sunwing’s Manulife Global Travel Insurance + Worry Free to compensate you for loss of, or damage to, your baggage. For cruises and flights operated by other airlines, we strongly recommend that you purchase other travel insurance to compensate for your loss of, or damage to, your baggage. In the event of damaged, lost or delayed baggage, please contact the airline representative before leaving the airport. Failure to do so will invalidate any potential claim you may have against the airline or cruise line.
FLIGHT TIMES & RECONFIRMATION
All flight times, airlines and type of aircraft, as well as itineraries, are subject to change with or without prior notice. We reserve the right to substitute alternate airlines or aircraft types and to add en route stops or make any other operational changes at our discretion, with or without prior notice. Operational changes can occur which may result in the need to reschedule or cancel flights. In the event that we need to advise you of any such changes, prior to your departure from Canada, we require that either you or your Travel Agent provide us with your contact telephone number. It is your responsibility to contact the airline shown on your ticket within 12 hours prior to departure (from Canada and destination) to reconfirm flight time. Further, if you have purchased an “air only” holiday from Sunwing it is your responsibility to advise your Travel Agent or the Sunwing Sales Centre of a telephone number at your destination where you may be contacted in the event that Sunwing needs to advise you of any changes in your return travel arrangements. In the event of a flight delay related to weather, traffic or a “force majeure” situation, it may not be possible for the airline to provide meals and/or accommodations. Sunwing does not accept responsibility for lost wages, missed holiday time or any other additional expenses incurred as a result of changes in flight times. Sunwing Airlines arranges flight times which allow ample time to connect with cruise departures. It is unlikely that a cruise departure will be missed unless a long delay to the flight occurs due to weather or other problems. Should this occur, we will do our best to make alternate arrangements. No refunds or other compensation will be issued for missed cruise departures caused by any flight delay or missed flight connection. Please note that the cruise line reserves the right to charge full cancellation fees for any guest failing to embark. We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments of this nature. Please note that in standard travel industry terminology the term “direct flight” refers to a flight that will transport the passengers from their point of origin to their final destination without the journey involving a change of aircraft. However, the term may still be used to describe a journey that involves a stop, provided the same aircraft continues the journey after the stop. Passengers on board a direct flight are not required to claim checked baggage and re-check said baggage during a stop in the journey and are usually not required to be de-planed during any stop(s). A flight from the point of origin to the final destination that does not involve any stops en route is referred to as a “non-stop” flight.
CONNECTING FLIGHT TIMES
All connecting flight reservations are made at your risk and you assume the cost of any loss in the event of a change to the Sunwing flight arrangements that may require you to change your connecting flight(s). Sunwing cannot be held liable for damages or additional fees incurred by passengers due to a missed flight connection for whatever reason.
AIRPORT CHECK-IN
For flights operated by Sunwing airlines, check-in commences three hours prior to departure and closes 60 minutes prior to departure. For all other airlines, please contact the carrier on which you are travelling with for specific times. You are required to have obtained your boarding pass and to have presented all checked baggage before the cut off/check-in deadline. For security reasons, you will be denied boarding if you have not checked in within that time. Passengers must be available at the boarding gate by the boarding gate deadline time noted on your boarding pass. Failure to respect the deadline may result in the reassignment of any pre-reserved seats (refunds not applicable) and the cancellation of your reservations. Please note that Sunwing will not provide refunds or compensation for unused seating upgrades or provide any compensation as a result of a passenger being denied boarding. Should you be denied travel, it is your responsibility to make alternate arrangements. It is your responsibility to arrive at the airport on time and following check-in, to proceed to the correct departure gate by the time specified on your boarding pass. Sunwing cannot be held responsible if you miss your flight by failing to comply with these requirements.
ACCOMMODATION
Please be advised that, while conditions may not always be the same as those at home, particularly with regards to electricity, water supplies and private toilet facilities, Sunwing’s staff and/or agents have inspected all of the hotels described in this brochure to ensure acceptable standards. All hotels undergo routine maintenance and renovation both in the low and high seasons. At brand new hotels, some facilities may not be fully functional and landscaping and other finishing touches may be ongoing during your stay. If we are advised that significant work at your hotel will be in progress during your stay or any major facilities will not be available we will try to advise you prior to your departure. Topless sunbathers may frequent some resorts, the control of whom is beyond the authority of the resort. The cruise line or hotel cannot accept responsibility for the behaviour of other guests/groups or the withdrawal of services or facilities due to cultural and political events or holidays. These circumstances are usually regulated by local governments and as such are beyond the control of either Sunwing or the hotel. Most hotels offer international satellite TV which differs from Canadian satellite TV. The number of English channels will vary by country and by hotel. Ocean view rooms can consist of a full or partial view of the ocean and can differ by property. Not all rooms designated as “ocean view” will offer a full or direct view of the ocean. Minimum age restriction for customers can vary per hotel per destination. It is recommended that travellers inquire at time of booking.
HOTEL STAR RATINGS
We assign hotel star ratings based on a number of factors, including our opinion regarding location, amenities, and facilities relative to the general standards of the destination, as well as feedback from customers and staff. These ratings may differ from other published ratings. Our hotel star ratings are not a representation or promise of any particular feature or amenity.
STATEROOM OCCUPANCY
Occupancy of any stateroom(s) is limited to the number of berths in that stateroom. The cruise line reserves the right to limit the number of upper berths and single staterooms sold on each sailing.
CRUISE / HOTEL CHECK-IN AND CHECKOUT CONDITIONS
Your cruise documentation will include information regarding your check-in and embarkation times for your cruise. All guests must be onboard 90 minutes prior to the ship’s scheduled departure time. Checkout / disembarkation information will be provided onboard. The check-in time for most hotels is 3:00 pm and check-out time can be as early as 11:00 am, regardless of your arrival or departure times. Please refer to your hotel accommodation voucher for actual check-in and check-out dates as this may differ from your departure and return date. Check-in policies differ by hotel and will, therefore, vary. Many hotels will offer hospitality areas for customers who may be without their room for some time; however, this arrangement is solely at the discretion of the hotel. Customers wishing to make arrangements for a late check-out and baggage storage must arrange this service directly with the hotel and charges may apply. We do not accept responsibility for any inconvenience or loss arising from these types of arrangements. Some hotels may require you to leave a credit card imprint or cash deposit upon check-in to provide security for miscellaneous charges such as telephone calls.
CRUISE LINE / HOTEL’S RESPONSIBILITY
The accommodation voucher, or electronic confirmation number, furnished by Sunwing shall constitute the sole contract between the cruise line, the hotels/resorts and you, the customer. The cruise line/ship and hotels and resorts depicted in this brochure will not be held liable for any act, omission or event during the time customer(s) are not staying at their establishments. Neither Sunwing nor the cruise lines or these hotels are responsible for payment of any refund for unused accommodations or meals as a result of late arrival or non-arrival by customer(s), regardless of the cause.
STATE ROOM / HOTEL CHANGES
If the accommodation reserved is not available for any reason, we reserve the right to substitute a similar category and/or stateroom on the ship or for land stays, a hotel of a similar category. This section does not apply to a change in hotel that is a major change as referred to in the section “Sunwing’s Responsibility” or to a change of hotel, which occurs by reason of circumstances that are beyond our reasonable control. For the most up-to-date resort descriptions, cruise line/ship and resort descriptions please visit www.sunwing.ca.
MODIFICATION OF CRUISE SERVICES
The sailing days/times indicated in this brochure are correct at the time of print and are subject to change with or without notice. Weather conditions, safety considerations or other circumstances beyond our control may mean that the cruise line must change cruise itineraries, facilities and amenities available on the cruise ship before or after a departure, including arrival and departure times in port. The cruise operator also has the right to change one ship for another, change itineraries and destinations. Regional conditions may demand a change to the amount of time spent in a port, or eliminate a port altogether. A short notice change of itinerary, ship or hotel may mean some facilities are not as described. Sunwing cannot be held liable for such changes and compensation as a result thereof.
ASSISTANCE ON BOARD / SERVICE ASSISTANCE
Sunwing has taken great care in selecting the travel suppliers used and featured in this brochure. Your Sunwing local representatives are stationed in most destinations to offer assistance and liase with our suppliers to resolve any queries or problems that may arise during your stay. For cruises, please contact your local cruise line representative and/or onboard cruise staff as applicable. Any problem must be brought to the travel supplier’s attention or the Sunwing Representative’s attention immediately so that they can work to ensure that you have an enjoyable holiday. Please contact your local representative immediately and file a complaint notice with the travel supplier, ensuring that you obtain a copy of your complaint. It is essential that this procedure be followed since the service provider must be given the opportunity to rectify the problem. Please note that your failure to report your concerns may preclude your right to a claim. If you require assistance at one of our U.S. destinations please contact Sunwing toll free at 1-877-786-9464 Mon. – Fri. 8:30 am to 12:00 midnight; Sat./Sun 8:00 am to 8:00 pm. All times shown are either Eastern Time or Eastern Daylight Savings Time (Canada) and are subject to change without prior notice. Should you remain dissatisfied with the service provided, and wish to comment, please send your written comments to your travel agent, within 30 days of your return, together with a copy of the notice of complaint you submitted to the service provider, including their response. Any claim received more than 30 days after your return will not be accepted. Sunwing will not be liable for any claims exceeding the amount paid for the services with respect to which you are claiming. Regretfully, we are unable to accept responsibility for any assurances or guarantees provided by travel agents, cruise line employees, hotel employees or suppliers of any kind.
NOTICE TO CUSTOMERS
Sunwing strongly recommends that you visit http://travel.gc.ca/travelling/advisories to be aware of any relevant travel advisories before finalizing your travel plans. While we endeavour to keep you abreast of any relevant changes to local laws, travel documentation requirements, and any travel advisories issued, we cannot warrant the completeness or accuracy of the information provided. It is your responsibility to be aware of and prepared for all legal, documentary, health and other requirements for your intended travel. Standards of living and conditions with respect to the provision of utilities, sanitary services and the grading of services such as hotel accommodation vary considerably from one country to another. In other countries, the uninterrupted supply of water and electricity, local health conditions, levels of security and standards of food and beverages may differ from those enjoyed at home. In tropical climates, insects are commonly found inside and outside of any hotel. Illness or inconvenience resulting from the services provided or omitted at the destination are outside the reasonable control of Sunwing and Sunwing accepts no responsibility for such illness or inconvenience. It is the customer’s responsibility to adhere to the customs, rules and laws of the country he/she is visiting. Should a customer conduct him/herself in a manner threatening to Sunwing or cruise line/hotel employees and/or other customers, Sunwing, the cruise line or hotel has the right to refuse service or expel him/her from the ship or hotel. If this occurs, the customer is responsible for all costs resulting from said expulsion and no refund will be issued for any unused portion of the customer’s holiday. The carrier also reserves the right to off-load belligerent or unruly passengers from its flights, including if necessary, making intermediate stops to off-load such passengers to the control of local police authorities. In the event of such off-loading, deplaned passengers will not receive any refund for unused air services and will be liable for arranging and paying for their own onward air travel, and liable to the airline for any cost incurred resulting from inappropriate behaviour including, but not limited to, additional landing and fuel charges.
OPTIONAL TOURS, EXCURSIONS AND ACTIVITIES
Release, Waiver, and Indemnity - Any optional and/or physical activity that you choose to undertake at your holiday destination, as a result of your voluntary purchase of an optional tour, excursion or activity inside or outside of your hotel, made either prior to your departure from Canada or in destination, may inherently contain a risk of personal injury, loss or damage to you and/or your personal possessions. You hereby expressly agree to assume the entire risk of any and all such injury, loss or damage which you may suffer during or arising out of your participation in the said optional tour, excursion or activity, howsoever caused. Sunwing makes arrangements with transfer operators, coach companies, destination excursion operators and other independent contractors (hereinafter referred to as the “service providers”) to provide services in connection with optional tours, excursions or activities. Sunwing exercises great care in choosing its service providers, but does not have control over them and, therefore, cannot accept responsibility for, nor can be held liable for, any acts or omissions or negligence of the service providers, their employees, servants, agents, subcontractors or unrelated third parties. Some of these service providers may not be agents or employees of Sunwing, notwithstanding their use of any signage or clothing which may contain the name “Sunwing” or other related trade names or logos. Moreover, these optional tours, excursions and activities are subject to conditions and limitations imposed by the said service providers as well as the laws of the country in which they operate. You hereby release, discharge and indemnify Sunwing from any and all liability or claims of any nature arising out of or in relation to any loss, damage, injury or illness whether physical or mental, resulting from any delay, substitution of equipment, or any act, omission or negligence of service providers, their employees, servants, agents, subcontractors or unrelated third parties resulting from or arising out of any of the optional tours, excursions or activities in which you voluntarily participate and/or any optional tour, excursion or activity arranged at your specific request and/or at your cost, whether booked prior to your departure from Canada or in destination, and you agree to accept all risks associated therewith. You hereby expressly waive any claim against Sunwing for any cause arising out of or related to the actions, omissions, or negligence of any person or party other than Sunwing. Furthermore, you understand and agree that before participating in any optional tour, excursion or activity in which you have voluntarily agreed to participate through any request and/or pre-purchase by you for the service, you may be required to sign a written release in destination forever releasing, discharging and indemnifying Sunwing from any and all claims of any nature arising out of or related to any such optional tours, excursions or activities made, and agree to assume all risks associated therewith. You understand and agree that all optional tours, excursions and activities are non-refundable and non-transferable.
REFUNDS FOR UNUSED TRAVEL SERVICES
No refund is made for unused travel services or any portion thereof, nor is the price or value of unused travel services exchangeable for alternative arrangements. The day of departure is excluded when calculating cancellation or change fees. All cancellation fees will be calculated on the total amount of products and services purchased. We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments that may cause you to either cancel your holiday entirely or interrupt your vacation unexpectedly. Please visit www.sunwing.ca for a full description of Sunwing’s WORRY FREE Cancellation Waiver and Manulife Global Travel Insurance + Worry Free for Sunwing. These travel insurance plans can only be purchased at time of booking.
SUNWING VACATIONS’ RESPONSIBILITY
On your behalf, Sunwing arranges with airlines, hotels, cruise lines, transfer companies, baggage handlers and other independent suppliers to provide you with the services you have purchased. Sunwing exercises due care in selecting these companies and pays particular attention to their reputation and reliability. However, Sunwing does not control these suppliers and thus, we cannot be held responsible for their performance or lack thereof. Therefore, Sunwing shall not be held 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, agent, employee or sub-contractor supplying any of these services as part of your Sunwing holiday. Sunwing as the tour operator and/or its agents do not assume responsibility for any claims, losses, damages, costs or expense arising out of personal injury or death, loss of enjoyment, upset, disappointment, illness, distress or frustration whether physical, emotional or mental, resulting from or arising out of any of the following:
i Any negligent act or omission by the airlines, transportation companies, coach tour operators, car rental organizations, hotel/resort properties or other suppliers or their personnel or any company or person.
ii Government actions, weather, equipment failure, labour disputes, sickness, theft or any other cause beyond our control.
iii Failure of the passenger to obtain the necessary documentation or meet the required health regulations in order to complete their travel arrangements.
iv Failure of the passenger to arrive at the airport within the time frame stipulated by Sunwing in these Terms and Conditions on the day of departure whether due to missed connections, adverse weather conditions, mechanical failures or any other reason whatsoever.
v The need for us to change itineraries or substitute accommodation or services, provided that efforts are made to supply comparable services and accommodations available.
vi Cancellation of a tour by Sunwing, provided that full refund of all monies paid is made to the customer.
While every effort has been undertaken to ensure accuracy, photographs, artist’s rendering and written descriptions appearing in this brochure are representational only and are not a guarantee that everything at the destinations will be exactly as depicted.
ACT OF GOD/FORCE MAJEURE
Sunwing and/or its suppliers cannot assume liability for any loss, damage or injury of any nature in whole or in part resulting from an Act of God or any other Force Majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes or other labour disruptions, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities, or the travel supplier and its facilities, or any other unforeseen circumstances in Canada, United States of America, Mexico, Central America or the Caribbean or any other factor unforeseen by Sunwing that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Sunwing shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind.
LIMITATION OF SUNWING'S LIABILITY
Sunwing’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 you paid to Sunwing for the services with respect to which you are claiming.
INDEMNIFICATION OF SUNWING
The customer agrees to indemnify and save harmless Sunwing, and its parent, subsidiaries and affiliates, against any liability, actions (including legal fees), claims, losses, costs and damages, which Sunwing may incur, sustain or pay arising out of or in connection with the customer’s negligent or intentional act or omission, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by Sunwing.
APPLICATION
These Terms and Conditions are binding upon all members of the customer’s family, dependants, estate, heirs, successors and legal personal representatives.
FORUM
Your contract with Sunwing is governed by and is to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Further, any claim or action arising out of or relating to the negligence acts or omissions of Sunwing shall be filed only in the courts of Ontario and you agree to attorn to the exclusive jurisdiction of such courts. All claims in connection with the acts or omissions of a third party supplier shall only be brought against such third party and be filed only in the courts of the jurisdiction where the act or omission of such third party occurred and you agree to attorn to the exclusive jurisdiction of such courts. The governing laws of the jurisdiction where the act or omission of the third party occurred shall apply to such claims.
SEVERABILITY
If any term or condition or any portion hereof is held invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and, if possible, the portion(s) found unenforceable will be construed in a manner consistent with the remaining portions.
ACKNOWLEDGEMENT
By making a reservation to purchase a holiday product from Sunwing, you hereby acknowledge that you have read and accept the Terms and Conditions contained herein. Furthermore, when making a reservation for a Sunwing product on www.sunwing.ca, you agree that you are solely responsible for such reservation.
VALIDITY
These Terms and Conditions are valid for bookings made between November 2018 and October 2019
Worldwide Headquarters:
Sunwing Vacations Inc.
27 Fasken Drive, Toronto, Ontario M9W 1K6
Administration Telephone 416-620-4955, or toll-free: 1-877-786-9464
Ontario Registration # 2476582 / #4276176
British Columbia Registration # 39606
Quebec Registration # 702928
Schedule of Change and Cancellation Fees
| CHANGE FEES* | CANCELLATION FEES PER PERSON* | |||||
|---|---|---|---|---|---|---|
| Product | Deposit per person | Type of Change | When the Change is Made | Change Fees* | When Cancellation is Made | Cancellation Fees* |
| Any package holiday or hotel only reservation | $250 | Name correction | 45 days or more before departure | $50 per file | 45 days or more before departure | $250 |
| 44-21 days prior to departure | $100 per person | |||||
| 20 days or less before departure | Full cancellation charges | 44-21 days before departure | 50% of total price (including taxes) | |||
| Date change, hotel or room category change | 21 days or more before departure | 100 per person** | ||||
| 20 days or less before departure | Full cancellation charges | 20 days until after departure | 100% of total price (including taxes) | |||
| Air only charter flights | $250 | Any change | 45 days or more before departure | $50 per file** | 45 days or more before departure | $250 |
| 44-31 days before departure | 30% of total price (including taxes) | |||||
| 44 days until after departure | Full cancellation charges | 30-15 days before departure | 60% of total price (including taxes) | |||
| 14 days until after departure | 100% of total price (including taxes) | |||||
| Canada and Transborder Air only Flights on Sunwing Airlines | Full payment at time of booking | Any change | 45 days or more before departure | $50 per file | 45 days or more before departure | $250 |
| 44 days until after departure | Full cancellation charges | 44 days until after departure | 100% of total price (including taxes) | |||
| Sunwing Flex Packages | Full payment at time of booking | No changes permitted | - | - | Any time | 100% of total price (including taxes) |
*Deposit requirements, change & cancellation fees can vary for peak departure dates or by select product. Sunwing reserves the right to pass along any additional change or cancellation charges levied by a supplier. Full payment for all products is due at least 45 days before departure, or immediately if booked with 45 days of departure. **If a change involves a difference in the holiday or air only price, the passenger will pay the higher between the original booking price and the revised booking price, plus any additional tourist card fees if applicable. No refunds are issued for changes that result in a lower holiday price. A name change is treated as a cancellation. Please note that all departure taxes and travel related fees are non-refundable.
Cruise deposits / final payments / changes / cancellations - policies
| Cruise line | Deposit amount | Final payment due date | Cancellation #of days prior to sailing | Cancellation charges per person | Name correction |
|---|---|---|---|---|---|
| MSC Cruises | $250.00 per/person at time of booking | 89 days prior | 89-76 | loss of deposit | $100 per person |
| 75-46 | 50% of total price | ||||
| 45-16 | 75% of total price | ||||
| 15 days or less | 100% Non-refundable | ||||
| NORWEGIAN CRUISE LINE | $250.00 per/person at time of booking | 120 days prior | 119-91 | 25% of total price | $100 per person |
| 90-61 | 50% of total price | ||||
| 60-31 | 75% of total price | ||||
| 30 days or less | 100% Non-refundable | ||||
| MARELLA CRUISES | $250.00 per/person at time of booking | 89 days prior | 89-76 | loss of deposit | $100 per person |
| 75-46 | 50% of total price | ||||
| 45-16 | 75% of total price | ||||
| 15 days or less | 100% Non-refundable |
Name change policy/guidelines: Name changes are considered cancellations = 100% non-refundable. Name corrections may also be considered cancellations, request name changes with Sunwing Vacations
Cruise Change Fees: If you wish to make any changes to your confirmed booking before the cancellation period begins, as per Sunwings' payment schedule, we will endeavor to make every reasonable effort to accommodate your request. All changes are subject to availability. Details of the various change fees are available at time of request and may vary depending on the nature of the change and date of your request. Change of name, airline or cruise line departure date, stateroom/suite or hotel subjects the booking to cancellation charges. Any changes that you wish to make to a confirmed booking within the cancellation period set by the relevant cruise line will be treated as a cancellation. Cancellation fees are applicable as outlined above. If the cancellation of one or more passengers alters the stateroom requirements, the passengers still travelling must pay the applicable rate for the accommodation to be occupied & the passenger cancelling must pay the appli cable cancellation charge.
Car Rental - Alamo Terms & Conditions
AGE REQUIREMENTS
Minimum Age: Renters and additional authorized drives must be twenty-one (21) years old. In the states of New York & Michigan, Renters and additional authorized drivers must be a minimum of eighteen (18) years old. In the province of Newfoundland, the minimum age for all rentals is twenty-five (25) years old.
All primary renters under the age of 25 will be charged an additional $25 USD daily.
ADDITIONAL DRIVERS
Unless included in the Rate and unless applicable law requires otherwise, rental vehicles may not be driven by anyone except additional authorized drivers as defined in the Rental Agreement. Additional authorized drivers must be added at the time of rental and the Renter and additional authorized driver(s) must present a valid driver's license and meet minimum age requirements. An additional fee per day per additional authorized driver will be charged, except where state law provides otherwise.
IDENTIFICATION REQUIRED FOR RENTAL
A full valid Driver's License from the Renter's country of origin and passport in Renter's name is required for each rental. Renters must provide a valid credit card unless the Renter meets the cash qualifications set forth herein. If the driver's license is in a language other than English, an International Driver's Permit is required in conjunction with the Renter's country of residence driver's license.
CREDIT CARDS ACCEPTED
Visa, Mastercard, American Express
DEPOSIT BY CREDIT CARD OR CASH
$25 USD daily or $100 USD per week cash in addition to the recalculated rental charges, or major credit card. All cash customers must meet Alamo's current cash qualifications requirement. If cash deposit, renter must produce a Canadian passport and return airline ticket. Cash customer may not rent a luxury or specialty vehicles.
SEATBELTS & INFANT / CHILD SEAT
State or provincial law may require the use of seatbelts and infant/child seats and this law may vary between states and provinces. Renters may use their own infant/child seats. An additional fee per infant/child seat will be charged for infant/child seats rented from Provider. Infant/child seats should be requested at time of reservation. To avoid serious injury or even death, most vehicle manufacturers recommend infant/child seats only be used in the back seat of the vehicle and older children should ride properly buckled in the back seat. In the event the infant/child seat is damaged or not returned at the end of the rental, a fee will be assessed to the Renter. Renters are responsible for installing infant/child seats and may use their own infant/child seats.
GPS (GLOBAL POSITIONING SYSTEM)
GPS navigational systems are available at an additional cost and are subject to availability.
SKI RACKS, SNOW CHAIRS, WINTER TIRES
Ski racks must be requested at the time of reservation and are subject to availability. The Renter will be charged an additional fee for a ski rack rental unless otherwise included in the Rate. Snow chains are not permitted on Provider vehicles. All season tires are provided on vehicles. Winter tires are provided at an additional charge in Quebec unless included in the Rate.
FUELLING POLICY
The fuel level of the vehicle at time of rental will be full. Renter may return the vehicle with a full tank of fuel or pre-pay for a full tank of fuel at the time of rental at the rate provided at the renting location. If the Renter selects the pre-paid fuel option, no refunds will be given for unused fuel. If the Renter does not return the vehicle with a full tank of fuel or select the pre-paid fuel option, the Renter will be charged to return the fuel tank to full at a rate provided at the location to which the vehicle is returned.
ONE WAY FEES AND INTERCITY FEES
All one way rentals must be booked in advance, are subject to availability and are restricted to return at a location under the same brand as the location from which the vehicle was rented. Please call Sunwing Vacations Reservations department for applicable drop-off charges. Applicable one way drop-off charges are paid locally.
For car rentals picking up in one city and dropping off in another city, drop off fees will apply. The fees range from $300 USD upwards depending on the distance between the two cities.
MOBILITY ASSISTANCE
Renters requiring mobility devices must contact 1-866-836-4092 or mobilityadministration@ehi.com in advance to arrange for such rentals.
CITATIONS, TOLLS & FINES
All fines, costs and attorneys' fees for legal violations, parking, tolls, towing and storage related to the rental vehicle or incurred by Provider during Renter's rental are the responsibility of Renter and will be charged accordingly
Additional Fees & Taxes
State taxes and other applicable charges are paid locally. Rental is based on a 24 hour period, begins at time of pick up and dropped off at the same time on the day of return to avoid any added charges. Charges may be incurred for any extension from the time of original pick-up. Airport fees may range from 20% upwards depending on some airport locations.
INSURANCE INFORMATION
CDW LDW INSURANCE: Collision Damage Waiver is not insurance, if purchased this coverage waives or limits the renter's liability for damage to or loss of the vehicle. Included in Inclusive rates.
Social media rights and photo usage
By hashtagging: #Sunwing and/or #SunwingMode you agree that you are bound by these terms and conditions. You agree to grant to Sunwing Vacations Inc., its affiliates, and advertising and promotional agencies (collectively “Sunwing”), an exclusive, perpetual, irrevocable, royalty-free, unrestricted worldwide license to use and/or reuse, display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, sublicense, and otherwise exploit your Content (as defined below), name, likeness, image, voice and/or any other identifiable representation of you (collectively “Likeness”), in whole or in part, individually or in conjunction with other items for any purpose (including, but not limited to, advertising, marketing, promotional, publicity, entertainment and instruction/education), throughout the world, in any manner, form, style, medium or technology now known or hereafter devised (including, but not limited to, print, video, television, social media, broadcast, internet and electronic media). “Content” means any and all content created solely by you, including, without limitation, ideas, notes, drawings, designs, graphics, images, photographs, lyrics, compositions (musical or otherwise), stories, plays, pitches, audiovisual content (including, without limitation, sound bites, video footage and other productions), software, data, comments, suggestions, or works of authorship embodied in any form or medium.
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You further agree:
- to waive any right to inspect or approve any advertising copy or any other material which may be used in conjunction with
- your Content and Likeness and waive any moral rights you may have in or in respect of thereof;
- that you will not be entitled to any compensation for any use by Sunwing of your Content and Likeness;
- that Sunwing has no obligation to publish or use or retain any Content and Likeness;
- that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in these terms and conditions.
- to take any action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Sunwing to effect, perfect, or confirm Sunwing’s rights set forth in these terms and conditions; and
- to release and indemnify Sunwing of and from any and all actions, claims, costs and expenses (including reasonable legal fees and costs), demands, proceedings, judgments, penalties, damages of any nature or kind whatsoever, which you or anyone on your behalf or any third party may have had, now have or in the future may have against Sunwing in connection with:
(1) the Content including, but not limited to, all actions of passing off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark or any other proprietary right; or
(2) any breach of these terms and conditions.
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You represent and warrant that:
- you are at least 18 years of age and have fully read and understand these terms and conditions;
- you are the sole copyright proprietor of the Content and you have the right, without any third party approvals, to grant the rights as set out herein; and
- the use of the Content will not violate or infringe upon the trademark, tradename, copyright, artistic, and/or other proprietary rights of any third parties.