TERMS OF USE
Air Canada Vacations wishes to thank you for using its web site, www.aircanadavacations.com, as well as any other web sites that are owned and operated by us. We believe you will find the site informative and easy to use and we hope that it will become your primary tool when making travel plans.
USER AGREEMENT
Your use of the Air Canada Vacations web site as well as Corporate Information is subject to the following terms and conditions, please review them carefully before using this website. Your use of this website indicates your agreement to these Terms and Conditions.
Air Canada Vacations reserves the right at any time to change this Agreement as well as any products or services contained on or referenced in our website, in it sole discretion, without notice or liability.
Links to Third Party Sites
Our website provides you with convenient links and references to other web sites. Air Canada Vacations does not endorse any information, products or services contained on or offered through the linked web sites. Likewise, Air Canada Vacations does not endorse any persons or entities that are associated with other web sites linked via our web site. These third party sites and content are not maintained, operated or controlled by Air Canada Vacations, and Air Canada Vacations does not provide any guarantees regarding these sites. You assume sole liability for the use or access of such third party sites and content.
No permission is given to you to link or provide references to our website and to use any Air Canada Vacations’ icon, site address, and trademarks to provide such links or references, unless you have written agreement with Air Canada Vacations’ permission.
Representations and Warranties
By using or accessing our web site, you represent and warrant that you:
- are at least 18 years of age, and have the legal right and ability to enter into this User Agreement and to use or access our web site in accordance with its Terms;
- by entering into this User Agreement and using and accessing our web site, including purchasing any products services contained herein, are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
- have obtained all necessary approvals, consents and authorizations from any third party to submit information, including personal information and to delete or modify information;
- accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of our web site under your name or account, as well as all use of others using your name or account on our web site;
- agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access our website under or using your name or account; and
- have submitted or will submit, or others using or accessing our web site under or using your name or account have submitted or will submit, information, content or material which is true and accurate.
Limitations of Use
You may not access our website for any purpose that is unlawful or that is prohibited by these Terms. You may only use or access this website to determine the availability of and to purchase goods and services offered on our website. Use of our web site for any other purpose, including any commercial use or purpose, is expressly prohibited.
Without limiting the generality of the foregoing, you agree that, in using or accessing our website, you shall not commit or participate in any of the following acts or actions, each of which is expressly prohibited under this User Agreement:
- directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, assist or abet, including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of our website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation: "data mine"; "screen scrape"; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of our website;
- unless expressly provided for within these terms, create derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change of the order of any information, products, services, and software contained or offered on, or obtainable by, through or from our website. Without limiting the generality of the foregoing, you shall not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of our website;
- use or access our website in such manner, or otherwise take any action, that taxes our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of our web site, that otherwise interferes with the normal functioning of our website or otherwise abuses or overuses our website;
- circumvent, or attempt to circumvent, any measures or precautions taken by Air Canada to prevent the use or access of our website, or any other action, in violation of this User Agreement;
- access our website to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. Air Canada Vacations reserves the right to cancel any and all such prohibited reservations without notice and without liability; or
- engage in any other conduct or activity that either conflicts with this User Agreement or that Air Canada Vacations deems, in its sole, absolute and unfettered discretion, to be in conflict with this User Agreement
Information You Provide to Air Canada Vacations
Air Canada Vacations appreciates customer feedback and suggestions. Any feedback data such as questions, comments and suggestions regarding our products and services or the content of our website is considered non-confidential. Air Canada Vacations has no obligation regarding such information and is free to reproduce, use, disclose and distribute the information or without limitation and without liability. Air Canada Vacations shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such information.
Air Canada Vacations email offers
When you book your travel at aircanadavacations.com you are added to our email list that will be used to contact you occasionally with offers that we feel will be of interest to you. If you do not want Air Canada Vacations to contact you with offers you may withdraw your consent at any time simply by changing your profile information and opting out of any or all of the email offers you no longer wish to subscribe, you may follow the instructions on how to "unsubscribe" contained in all emails sent by Air Canada Vacations. If you later change your mind it is just as simple to opt back in to the email offers of your choice.
Some information is collected automatically every time you visit aircanadavacations.com (e.g., cookies and conversion beacons).
If you opt in to one or more of Air Canada Vacations' email offers you are consenting to allow Air Canada Vacations to contact you regarding those offers.
You may withdraw your consent at any time simply by changing your profile information or by following the instructions on how to "unsubscribe" contained in all emails sent by Air Canada Vacations.
When you purchase a product or book your travel at aircanadavacations.com, you provide Air Canada Vacations with your implied consent to be added to our email list that will be used to contact you occasionally with commercial electronic messages such as offers and promotions (“promotional emails”) that we feel will be of interest to you.
When you opt in to one or more of Air Canada Vacations promotional emails, you provide Air Canada Vacations with your express consent to allow Air Canada Vacations to be added to our email list that will be used to contact you occasionally with promotional emails. You may withdraw your consent at any time simply by changing your profile information and opting out of any or all of the promotional emails you no longer wish to receive by following the instructions on how to "unsubscribe" contained in all emails sent by Air Canada Vacations. If you later change your mind, it is just as simple to opt back in to receive promotional emails of your choice.
Note that service emails are not promotional emails and provide important information that must be communicated to you. Service emails must be transmitted to you in order to carry out Air Canada Vacations business activity. Service emails include, but are not limited to, emails containing information on purchases made on www.aircanadavacations.com, emails containing flight or package related information and electronic tickets.
Software Available on Our Website
Air Canada Vacations may make software ("Software") available to you for download from our website. Any and all such Software is the copyrighted work of and owned by Air Canada Vacations and/or its suppliers, and may be accompanied by or may otherwise include a license agreement (the "License Agreement"). You may only install or use the Software if you first agree to comply with the terms of the License Agreement. Should the Software not include or be accompanied by a License Agreement, the terms and conditions governing the installation and use of the Software shall be deemed to be as follows: Air Canada Vacations and/or its suppliers hereby grant to you a personal, limited, revocable, non-assignable license to use and install the Software on a personal computer solely for the purpose of viewing and otherwise using or accessing our website, and such use and installation shall governed by, and be in accordance with, the Terms of this User Agreement.
You acknowledge and agree that the Software is protected by copyright laws and international treaties, and that any reproduction or redistribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THIS USER AGREEMENT, AS THE CASE MAY BE.
You acknowledge and agree that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, in contravention of such laws and regulations.
General Terms
As a condition of your use of our web site, you agree to defend, indemnify and hold harmless Air Canada Vacations from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses arising out of, or resulting from or otherwise connected to your use of our website or a breach of this User Agreement.
This User Agreement shall be deemed to have been made in the Province of Quebec, Canada, and shall be governed in all respects by the laws of the Province of Quebec, Canada, and the federal laws applicable therein, without regard to its conflicts of law principles. You submit to the exclusive jurisdiction of the courts situated in the judicial District of Montreal, Province of Quebec for the all disputes or disagreements arising pursuant to, or transactions and relationships contemplated by, this User Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court. You agree that Air Canada may commence an action in any court of competent jurisdiction in order to enforce these Terms and to seek damages and/or equitable relief against you for any breaches by you of these Terms. You agree and understand that you will not bring against Air Canada, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class action lawsuit related to your access to, dealings with, or use of our website.
This User Agreement shall constitute the entire agreement between you and Air Canada Vacations with respect to our website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Air Canada with respect to our website. A printed version of this Agreement and of any notice given in electronic form will 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.
A delay, omission or failure by Air Canada Vacations to exercise any right or power under this User Agreement shall not be construed to be a waiver by Air Canada Vacations of such or any other right or power, which Air Canada Vacations may assert at any time or against any person.
In the event that any provision of this User Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible its original intention, and such restated provision shall remain in full force and effect.
The terms and conditions of Air Canada Vacations’ Contract of Carriage, incorporated herein by reference, as well as any terms and conditions contained on our website or in any of our published schedules or on any ticket or receipt provided by Air Canada Vacations, govern the transportation by Air Canada Vacations and its affiliates of passengers, baggage and cargo. You shall be bound by all such terms and conditions should you purchase a ticket or accept transportation with Air Canada Vacations. You acknowledge and agree that other products and services contained on, referenced or described in or obtained or obtainable through our website, whether such products or services are those of Air Canada Vacations or third party service providers, are subject to terms and conditions, including but not limited to terms and conditions respecting payments of amounts due and availability of fares, products or services, and you agree to abide by all such terms and conditions.
