TOURAM LIMITED PARTNERSHIP, a limited partnership formed under the laws of the Province of Quebec herein acting through and represented by its general partner, TOURAM GENERAL PARTNER INC. (doing business as Air Canada Vacations) ("ACV")
These ACV&ME general terms and conditions (the "Terms and Conditions") constitute the agreement between you, the travel agent on one hand and ACV on the other hand and outline the terms and conditions of your participation in the ACV&ME program (the "ACV&ME Program").
By signing up to the ACV&ME Program or by accepting to use the ACV Visa Prepaid Card, you agree to be bound by these Terms and Conditions, including the terms and conditions contained in the Universal Visa Card Holder Agreement included in the delivery of all Visa cards.
Eligibility - The ACV&ME Program is addressed solely to individuals residing in Canada that are employed or otherwise engaged by licensed (in those Canadian provinces where a licensing requirement is applicable) retail entities operating as travel agencies which sell ACV travel services and/or products, which individuals are directly engaged with the client in booking the said travel services and/or products and who sign up to participate in the ACV&ME Program. This program is directed towards and is for the benefit of travel agents only. A travel agency may not claim or redeem points on behalf of their agent's bookings.
ACV&ME Rewards - The ACV&ME Program is valid in respect of travel services and products commercialized by ACV (the "Travel Services") for new bookings as of January 24, 2020. It may be withdrawn, revoked, terminated or cancelled at ACV's sole discretion. All bookings made prior to the aforementioned date are not eligible for this version of the ACV&ME Program. Once points are earned, an agent must redeem those points within a time period of 12 months otherwise, the points are lost.
The Travel Services include ACV Packages (FIT air + hotel), cruises (air + cruise), groups package bookings (air & hotel) Cruise only and Land Only bookings. All bookings must be a minimum of 3nights to qualify. For complete details on how to earn and redeem points under this program, including other incentives and benefits such as Aeroplan points and Travel Vouchers as well as general restrictions, please consult the Earn and Redeem sections of the Rewards Nation Website accessible through the Travel Agent profile login at https://vacations.aircanada.com.
ACV reserves the right at any time, to modify, withdraw, revoke, terminate or cancel the ACV&ME Program and any and all rewards associated with the ACV&ME Program without prior notice. ACV further reserves the right to change at any time, without prior notice, the rewards value associated with any one or all of the Travel Services by way of an increase or decrease to the rewards value or to add to or subtract from the Travel Services qualifying for rewards.
Fiscal Reporting - The ACV&ME Program will be administered in accordance with federal and provincial tax guidelines. The rewards you receive pursuant to the ACV&ME Program constitute taxable income, except in limited circumstances. The travel agent is solely responsible for the reporting and payment of any applicable taxes with respect to any reward received under the ACV&ME program.
Personal Information & Confidentiality - You understand and agree that ACV may collect certain personal information from you for the purpose of the ACV&ME Program, including without limitation your name, address, province of residence, social insurance number and the rewards you earned pursuant to the ACV&ME Program as well as any other information that it may be necessary for us to obtain in connection with your participation in the ACV&ME Program.
The travel agent is entirely responsible for providing complete, accurate and up to date personal information required for the administration of this program. All personal information is subject to verification and the travel agent may be disqualified from participating or receiving rewards if the information provided is incomplete, illegible, irregular, inaccurate, submitted through illicit means or if they contain any false statements, or do not conform to or satisfy to any condition of the ACV&ME Program.
ACV may disclose such information to third parties as well as information about your ACV&ME Visa Prepaid Card, the transactions you make and the rewards you earn in connection with the ACV&ME Program, in order to comply with tax authorities, government agency, court order, or other legal or fiscal reporting requirements, including without limitation for the purpose of issuing tax forms such as T4A and/or Relevé 1 forms;
In all cases, the provisions of applicable federal or provincial laws regulating disclosure of personal information will take precedence. Please also refer to our privacy policy, which is herein incorporated by reference and is available for consultation at https://vacations.aircanada.com/en/security-privacy.
No Liability - Neither ACV or Air Canada nor any of their affiliates, officers, directors, employees and agents are liable for any losses, costs or damages arising in any way out of loss, theft or fraudulent use of your ACV&ME Visa Prepaid Card, the operation of the ACV&ME Program or any of the rewards available thereunder, the withdrawal, revocation, termination or cancellation of the ACV&ME Program for any reason, or any changes to the rewards value or the loading frequency of your ACV&ME Visa Prepaid Card.
Governing Law - These Terms and Conditions will be governed by the laws of the Province of Ontario except to the extent governed by federal law.
Disputes - Any dispute or claim arising out of or in connection with the Terms and Conditions and the ACV&ME Program offered by ACV shall be settled by arbitration pursuant to the Ontario Arbitration Act, R.S.O. 1991, c. 17. There shall be no appeal from the arbitral tribunal's decision(s), which shall be final and binding. The arbitration shall be confidential. For greater certainty, all materials in the proceedings created or used for the purpose of the arbitration, and all materials and information produced or exchanged during the arbitration are confidential, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or set aside an award in bona fide legal proceedings before a competent court.
Other Terms - Neither your ACV&ME Visa Prepaid Card nor your obligations under these Terms and Conditions may be assigned. We may transfer our rights under these Terms and Conditions. Use of your ACV&ME Visa Prepaid Card is subject to all applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. Any term or expression in capital letters used in these Terms and Conditions which is not otherwise defined shall have the meaning ascribed to it in the Terms and Conditions. ACV shall benefit from any and all liability limitations set forth in the Terms and Conditions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of the Terms and Conditions shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of these Terms and Conditions shall not be affected.
®Aeroplan points have no cash value but are redeemable in the Aeroplan Program for flights and other rewards. The retail value of rewards obtained using points will vary depending on the Aeroplan reward schedules and other factors, details of which may be found at aircanada.com/aeroplan. Aeroplan points may be redeemed only in accordance with the Aeroplan Program terms and conditions, which are subject to change without notice and can be found online at aircanada.com/aeroplan-termsandconditions. Taxes, landing and departure fees, and other charges and surcharges may apply to Aeroplan reward travel, and are the sole responsibility of the user. Additional points may be required in order to redeem for a reward and rewards are subject to availability at the time of booking. You must have an Aeroplan account to redeem your points. If you are not an Aeroplan member, please visit the Aeroplan website at aircanada.com/aeroplan to enroll. Aeroplan membership is free. ®Aeroplan and the Aeroplan logo are registered trademarks of Aeroplan Inc.
