Web Site – Terms and Conditions of Use
We have done everything possible to make this site
user-friendly, informative and secure. If you would like to know more
about our responsibilities and yours, please read the information below.
If you do not agree to this information, please do not use this site.
This site is owned by Voyages a la Carte Travel /
AirClub1, a division of 2724316 Canada Inc., and is provided
mainly for residents of North America.
1. Travel information
Our web site displays information about travel
locations, airfares, flight times and dates, tours, packages, insurance,
cruises, transportation, foreign currency, schedules, travel companies
and other material related to travel.
This information is supplied to us by Third Party
providers, such as airlines, hotels, transportation and information
suppliers. We have taken reasonable care to ensure it is correct and up
to date; however we cannot check the accuracy of such information.
We accept no responsibility for information supplied
to us by Third Parties. We recommend you confirm all information
contained on or linked from our web site with the Third Party provider.
You are responsible for obtaining all passport, visa
and health information required. We will assist you to obtain such
information; however, the final responsibility for obtaining the
necessary information and complying with any passport, visa and health
requirements remains with you, solely.
The details of the prices, packages, tours, flights
and other information displayed on the web site are subject to change
without notice. The travel products and services described on the web
site are subject to availability.
2. Prices
All prices displayed on the web site are subject to
change without notice. This is because the airlines and other Third
Party providers may change the prices at any time.
Special conditions may apply to the prices set out on
the web site. To determine such conditions, you must contact us or the
relevant Third Party provider.
The prices set out on the web site may not include
taxes or airport charges or other fees. In this case taxes, airport
charges and any additional fees will be displayed during the booking
process but prior to payment submission.
Pricing is displayed in US currency.
3. Suitability of travel products and services
We do not represent that any travel products and
services set out on our web site will be suitable for you.
You release us from any claims in relation to the
travel products and services described on our web site, including but
not limited to claims that the travel products and services are not
suitable.
4. Specials
The rules in this clause apply to 'specials'
displayed on our web site. The site rules set out above also apply to
'specials'.
'Specials' are available for a limited time. You must
check with us whether a 'special' displayed on our web site is still
available.
There may be particular terms and conditions that
apply to 'specials'. You must contact us or the Third Party provider of
the 'special' to determine whether any particular terms and conditions
apply.
You must pay for 'specials' booked by you and
confirmed by us within 72 hours of booking confirmation, unless
otherwise agreed by us in writing. Failure to pay for the 'special'
within this time may result in cancellation of the booking.
We accept no responsibility for loss incurred due to
cancellation in these circumstances.
5. Intellectual Property
This web site, the software, design, text and
graphics comprised in this web site and the selection and layout of this
web site, are owned or licensed by us or their respective owners and are protected by Canadian and
international intellectual property laws.
You may view and electronically copy the pages of
this web site in the usual operation of your web browser in visiting
this site, but for no other purpose.
Any other use of the material contained on this web
site, such as copying, distributing, selling, modifying, transmitting,
reusing, re-posting or publishing is strictly prohibited, without the specific written
permission of the respective owners.
Unauthorised use of materials from our site will not
only breach this agreement, but may violate copyright and other laws.
Certain trademarks, service-marks, business names,
company names, logos, trade names and presentation techniques (trade
dress) used on this web site are owned by us or our licensors. In
particular, we own the trademark AirClub1. You do not have any
right or license to use them.
6. Your Use
You must use this site in a responsible and
co-operative manner.
You must not:
-
make any fraudulent, speculative or false
enquiries, bookings, reservations or requests using this web site;
-
use another's name, ID or password without
permission;
-
use the web site while impersonating another
person;
-
post or transmit to or via the web site any
unlawful, threatening, defamatory, libellous, obscene, indecent,
inflammatory or pornographic material or any material that could give
rise to civil or criminal proceedings;
-
tamper with, hinder the operation of or make
unauthorised modifications to the web site;
-
delete data from the web site without our
permission;
-
knowingly transmit any virus or other disabling
feature to the web site;
-
breach any Third Party's rights (including
intellectual property rights and obligations of confidentiality owed to
third parties) or infringe any laws in using this web site;
-
frame this web site as part of another site or
cache this web site for commercial benefit;
-
attempt to do any of the above acts;
knowingly permit another person to do any of the
above acts.
7. Your warranties
You warrant that:
-
you are of sufficient legal age to use this site
and create legal binding obligations for any liability you may incur as
a result of using this site;
-
you are responsible (financially and otherwise) for
all uses of this site by you and those using this site using your ID and
password;
-
the information you supply via the web site will be
accurate and not misleading, deceptive or likely to be mislead or
deceive.
8. Indemnity
You indemnify us and our officers, employees and
agents against all losses, costs, damages, claims and expenses arising
from:
-
any breach of these Site Rules by you;
-
any act or omission by you or an officer, employee
or agent of you;
-
any claim, action, demand or proceeding by a Third
Party against us or our officers, employees or agents caused or
contributed to by you or an officer, employee or agent of you.
9. Your Privacy
Subject our "Privacy Policy", we will not
disclose personal information about you (such as your name, contact
details, browsing habits) which is provided by you or via your browser,
without your permission unless we are required or need to do so to
comply with your request or instructions.
We and our Third Party providers of travel and travel
related products and services may disclose personal information about
you to others where directly connected with facilitating your travel
arrangements and bookings. For example, we may disclose information
about you to airlines, hotels, car rental companies in facilitating your
travel arrangements.
We may disclose aggregated information about users
and use statistics relating to our web site and aggregated information
about our sales and trading patterns to others.
10. Disclaimer
We do not warrant or represent that the content of
this web site is accurate, up-to-date or complete, nor that it does not
infringe the rights of others.
We are providing this web site and its contents on an
'as is' basis.
We make no representations or warranties of any kind
with respect to the web site, its contents or any of the products or
services supplied through this web site.
To the maximum extent permitted by law, we disclaim
all implied representations and warranties including, without
limitation, implied warranties that the products and services offered
and supplied through this web site will be of merchantable quality, fit
for any purpose or will comply with any descriptions on this web site or
samples.
We do not represent or warrant that this web site,
the server that makes it available or any of our products or services
supplied through this web site will be free of errors, viruses or
defects.
Your access and use of this web site is subject to
factors beyond our control. We do not warrant that this web site or the
products and services offered via this web site will meet your
requirements or that the service will be uninterrupted or timely.
We will use our best endeavours to make this web site
secure and have implemented technology for this purpose. However,
because of the nature of the Internet, we do not warrant that this web
site will be secure.
Our role is to facilitate your travel arrangements,
including processing your bookings and making payments.
The travel products and services offered and promoted
via this web site are products and services of third parties. We are
acting as agent for the Third Party providers. Your legal relationship
in respect of the Third Party products and services is with the Third
Party provider.
To the extent permitted by law, you release us from
all liability, cost, damages, claims and expenses (including direct,
indirect, special and consequential loss or damage whether in negligence
or otherwise) arising out of the supply or failure to supply or use or
non-use of the third party products or services.
We provide you with free access to our web site.
To the maximum extent permitted by law, neither we
nor any of our officers, employees, shareholders or other
representatives will be liable in damages or otherwise in connection
with your use of or inability to access this web site or the purchase
and use of any products and services supplied via this web site.
This limitation of liability applies to all damages
of any kind, including compensatory, direct, indirect or consequential
damages, loss of data, income or profit, loss of or damage to property,
personal injury and claims of third parties.
In the event that our web site fails to operate or
causes you loss or damage, your sole remedy is the refund any money that
you paid to us to use this web site.
If any warranties are implied by law that cannot be
excluded, then our liability for breach of such warranties is limited
to, at our option:
a. in the case of products: the replacement of the
products or the supply of equivalent products;
the payment of the cost of replacing the products or
acquiring equivalent products;
b. in the case of services: the supply of the
services again; the payment of the cost of having the services supplied
again.
11. Confidentiality
You can use this web site to communicate with us.
This web site also includes a list of other ways to communicate with us.
It is our policy not to accept information that is
confidential or proprietary, other than travel arrangements and
bookings.
If you do not want to lose confidentiality in your
material, do not submit it via this web site, email it or send it to us.
Any ideas or suggestions that you disclose to us are ours to use and
disclose without restriction, even if you mark your information
confidential or proprietary or include in your communication statements
contrary to the terms of these terms of use.
12. Linking
We may link our site to other sites on the Web. These
links are provided for your convenience only and the inclusion of any
link does not imply verification or endorsement of said link by Voyages
a la Carte Travel / AirClub1. We are not responsible for the
content of other web sites, even if we link to them. If you suffer any
loss or damage from visiting another's web site or using another's
product or service, we are not liable
13. Amendments
Except as otherwise specified, we may amend these
Site Rules at any time without notice to you by posting amended Site
Rules on our web site.
The amended Site Rules will take effect immediately
when they are posted on our web site.
14. Termination
We may terminate this Agreement, and any other
agreement between us, immediately if you breach any of these Site Rules.
15. Our relationship
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended to
be created between you and us by these Site Rules.
16. Notices
Except as required by law or otherwise specified by
us, you must provide any notices to us by email to
info@AirClub1.com
We will provide any notices to you by email to any
email address provided by you.
Notices will be taken to have been received 24 hours
after the email is sent, unless the sending party receives notice that
the address is invalid or that the email has not been received.
17. Governing law
If any dispute arises about this agreement or how
this agreement applies or arising out of your use of this site, the laws
of the Province of Quebec, Canada will apply.
You, the User, irrevocably and unconditionally submit
to the non-exclusive jurisdiction of the courts of the Province of
Quebec, Canada, and waive any right that you may have to object to an
action being brought in those courts.
The web site(s) (excluding linked web sites) is/are
controlled by Voyages a la Carte Travel / AirClub1 from its
offices within the Province of Quebec, Canada. It is hosted within
Canada although much material is fed from web sites outside Canada.
The web site can be accessed from all parts of North
America, as well as from most other countries around the world.
Since each of these jurisdictions have laws that may
differ from those of the Province of Quebec, Canada, by accessing the
web site, the User agrees that all matters relating to access to, or use
of, the web site, or any other hyper-linked web site, shall be governed
by the laws of the Province of Quebec and the federal laws of Canada
applicable therein.
The User also agrees and hereby submits to the
exclusive personal jurisdiction and venue of the courts of the Province
of Quebec, Canada, and waive any right that he/she may have to object to
an action being brought in those courts. User further acknowledges that
the User accesses the web site(s) voluntarily and is responsible for
complying with local laws.
18. General
If any of these terms of use is invalid or
unenforceable, it will be struck out, and the remaining terms will
remain in force.
Headings are for reference purposes only.
If we do not act in relation to a breach by you or
others of these Site Rules, this does not waive our right to act with
respect to subsequent or similar breaches.
In this Agreement, the term 'web site' includes any
e-mail bulletins or other content that we provide to you via or
initiated from this web site.
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