Travel Services Purchase Agreement
PLEASE READ THIS TRAVEL SERVICES PURCHASE AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you are specifically agreeing to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
For good and valuable consideration (including, without limitation, the mutual covenants and agreements of this Travel Services Purchase Agreement), the user ("you" or "customer") accept, without modification, the terms and conditions of this Travel Services Purchase Agreement (this "Agreement") as set out below, and to the terms and conditions of the air carrier, hotel, car rental company, tour operator or other travel services supplier (each a "travel services provider") which are applicable to the travel services being purchased by the customer from the travel services provider. The customer acknowledges having had the opportunity to review the terms and conditions of the travel services provider prior to completing the purchase of travel services.
Customer's use of this mbna rewards website (the "Rewards Site") in any manner, including browsing, activating an account or making a purchase, constitutes the Customer's acknowledgement that they have read this Agreement and agree to follow and be bound by it. MBNA, the sponsoring company ("MBNA") or its provider, Aimia Proprietary Loyalty Canada Inc. ("PLC") reserve the right to modify or change this Agreement at any time without prior notice to the Customer. The Customer's continued use of the Rewards Site signifies their acceptance of such revisions. It is Customer's responsibility to review the Agreement carefully each time they use the Rewards Site.
In this Agreement, PLC is the "Agency of Choice" selected by the customer. In providing travel information, making reservations and issuing tickets and other documents to the customer, PLC acts solely as the agent for the travel services provider. PLC does not guarantee or insure the travel services to be provided by any travel services provider. PLC assumes no responsibility for actions beyond its control in connection with travel services. PLC is not responsible or liable for any claims, losses, damages, costs or expenses arising out of personal injury or death, loss of enjoyment, upset, disappointment, distress or frustration, loss of or damage to property, accident, delay, non performance, irregularity, or any consequence from them, which may be occasioned through the neglect or default or any act or omission of any travel services provider or any governmental authority or which may be occasioned through weather, equipment failure, labour disputes, sickness, theft or any other reason not within the direct control of PLC. Without limiting the generality of the foregoing, PLC is not responsible for any incidental, special, punitive or consequential damages whatsoever.
PLC transmits the proceeds from the sale of travel services to the travel service provider supplying those travel services and PLC acts as the travel service provider's agent. If a travel service provider defaults prior to providing the travel service for which Customer has made payment, the customer's sole recourse for refund is with the defaulting travel service provider, or from insurance covering such defaults.
PLC disclaims all liability for errors or bias in reservations, fares, or other information provided by any automated airline reservation system.
The customer must be at least 18 years of age in order to purchase travel services under this Agreement and must be a resident of Canada. By using this Rewards Site, customer represents that it meets these eligibility requirements, and acknowledges that PLC is relying on this representation.
This Rewards Site, including each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of PLC and/or its various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors and other information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of PLC, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of PLC or such other party that may own the Trademarks.
Additional Trademark information: "MasterCard" is a registered trademark of MasterCard Worldwide and MBNA and the MBNA Logo are trade-marks of MBNA.
USE OF SITE
PLC grants the customer a limited, non-transferable license to use this site in accordance with this Agreement. Customers may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. The Rewards Site and the content provided in the Rewards Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of PLC and/or its third party providers and distributors, except that the customer may download, display and print the materials presented on this site for their personal, non-commercial use only.
Customers using the Rewards Site are responsible for maintaining the confidentiality of their account information and their password. Customer agrees to accept responsibility for all activities that occur under their account or password. Customer represents that they are of sufficient legal age to use this site and to create binding legal obligations for any liability they may incur as a result of the use of this site. Customer understands that they are financially responsible for all uses of this site by them and those using their login information.
PRICING AND CONTENT
All prices in this Rewards Site are stated in Canadian dollars unless otherwise indicated. Airport fees for airports that require payment on site, where applicable, are not included in the pricing. All prices are subject to change without prior notice. PLC is not responsible for any fluctuation in price or change in schedule or equipment or accommodations in connection with any travel service that occurs before, during or after the purchase of the travel service. All travel services are subject to availability and are deliverable to residents of Canada only.
Full payment is required at the time of purchase for online bookings. Online purchases can be made using mbna rewards points, mbna rewards MasterCard or a combination of mbna rewards points plus a charge on your mbna rewards MasterCard. Third party credit card booking are not permitted. All fraudulent purchases will be investigated and prosecuted.
If the Customer resides in the Province of Québec, the Customer authorizes PLC to charge a Québec travel compensation fund fee equal to 0.35% of the cost of the travel services purchased by the customer (excluding insurance, service fees, GST and QST) to the same credit card as the Customer uses to purchase the travel services.
CONFIRMATION AND DELIVERY
After a purchase is made, the customer will receive an e-mail confirming the purchase. It is the customer's responsibility to verify that the information contained in that e-mail correctly reflects the travel services purchased. If the information in the e-mail is incorrect, the customer must contact PLC on the same day on which the email confirmation is received in order to have it corrected. The Customer understands that any changes will be subject to the travel services provider's terms and conditions.
Electronic tickets will be delivered by means of e-mail or facsimile transmission. For other travel documents issued by travel services providers, courier delivery or pick-up arrangements will be made with the Customer by PLC. Travel documents issued by tour operators for packages purchased within two (2) weeks of the date of travel will be available by airport pick-up only. The Customer is responsible for compliance with the applicable tour operator's airport pick-up conditions.
It is Customer's responsibility to ensure that the Customer and all other persons traveling with the Customer or on their own have the appropriate documentation in their possession (such as current and valid passports, visas and identification cards) before leaving Canada, and that they satisfy all other applicable requirements (such as vaccinations), to gain entry to the chosen destination and re-entry to Canada. The Customer acknowledges having had the opportunity to review the applicable documentation and other requirements prior to completing the purchase of travel services. Obtaining passports and visas may require lengthy processing times and it is the Customer's responsibility to ensure timely receipt of all documents. The Customer acknowledges that entry to another country may be refused even if the required information and travel documents are complete.
Specialized notarized documentation may be required for unaccompanied minors and for children traveling without both parents. Customer must request details from PLC.
Customer check-in at the airport for air travel within the time specified by the applicable travel services provider and, following check-in, proceed to the correct departure gate by the time specified on the Customer's boarding pass. A Customer will be denied boarding if the Customer has not checked in or arrived at the correct departure gate on time. PLC is not responsible for missed flights.
FLIGHT TIMES and RECONFIRMATION
All flight times, carriers, equipment and itineraries are subject to change with or without prior notice. If PLC is made aware of a change by a travel services provider, it will use commercially reasonable efforts to advise the Customer as soon as possible. For air travel, please contact the applicable airline 24 hours prior to departure to reconfirm flight times and status. In the event of a flight delay related to weather, traffic or another force majeure situation, it may not be possible for the air carrier to provide meals and/or accommodations. PLC is not responsible for lost wages, missed holiday time or any other additional charges incurred as a result of changes in times or itineraries.
Customers should allow for the minimum connecting time approved by the applicable travel services provider in order to reduce the risk of missing connecting flights. All connecting flight reservations are made at customer's sole risk. PLC is not liable for damages or additional fees incurred by the customer owing to a missed flight connection, whatever the reason.
Air travel to other countries is governed by various conventions and agreements between Canada and other governments, which are incorporated into the terms and conditions of the Customer's purchase of applicable air travel services. Incorporated terms may include, but are not restricted to:
- limits on liability for personal injury or death;
- limits on liability for lost or damaged baggage and its contents, including fragile or perishable goods, and availability of excess valuation coverage;
- claims restrictions, including time periods within which passengers must file a claim or bring an action against the air carrier;
- rights of the air carrier to change the contract;
- rules on re-confirmation of reservations, check-in times and refusal to carry; and
- rights of the air carrier and limits on liability for delay or failure to perform service, including schedule changes, substitution of alternate air carriers or aircraft and rerouting.
It also is the Customer's responsibility to become familiar with the relevant laws and customs of the countries of destination. The Customer acknowledges that the living standards and practices at the destination and the standards and conditions there with respect to the provision of utilities, services and accommodation may differ from those found in Canada.
The Customer must consult the terms and conditions of the applicable airline for restrictions on the number and weight of baggage on chartered and scheduled service. Lost or damaged baggage is the responsibility of the airline, which may have limited liability. PLC recommends the purchase of insurance for loss of, or damage to, baggage. In the event of damaged, lost or delayed baggage, please contact the applicable airline representative prior to leaving the airport. Failure to do so will invalidate the Customer's claim.
PLC offers the Customer the option of purchasing travel insurance, including trip cancellation insurance and out of province health insurance, to insure the Customer against the risks described in the applicable policy that may occur prior to, during or after the Customer's trip. It is recommended that the Customer purchase travel insurance.
There are different types of insurance packages available. Travel insurance may only be purchased by the Customer at the time of purchasing the travel services to which the insurance relates (excluding out of province medical only insurance, which may be purchased anytime up until departure). To make an insurance claim it is the Customer's responsibility to contact the insurance carrier as soon as possible. Contact PLC if more information regarding travel insurance is required.
The Customer acknowledges that it has been made aware of the availability of travel insurance coverage, including trip cancellation insurance and out of province health insurance, and the Customer has either purchased or expressly declined to purchase that insurance prior to completing the purchase of travel services.
CANCELLATION AND CHANGES
Cancellation penalties for purchased travel services vary depending on the travel services provider. In many cases, the price of travel services is 100% non-refundable or cancellation carries stiff penalties. Travel service arrangements also may not be changeable or they may be changeable only upon payment of a fee that is determined by the travel services provider. The Customer should consult the terms and conditions of the applicable travel services provider before completing the purchase of travel services. In addition to any travel service provider cancellation charges, PLC may also charge customer a fee for changes or cancellations.
JURISDICTION AND CLASS ACTIONS
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable in it and shall in all respects be treated as a contract of that province. The Customer expressly waives his or her right to participate in a class action suit against PLC for any cause of action arising out of this Agreement.
LINKS TO THIRD-PARTY SITES
The Rewards Site may contain hyperlinks to web sites operated by parties other than PLC. Such hyperlinks are provided for Customer's reference only. PLC does not control such web sites and is not responsible for their contents. PLC's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
SELLER OF TRAVEL
Travelscape is a registered seller of travel in each of the states listed below:
- California registration number: 2083930-50
- Florida registration number: ST36407
- Iowa registration number: 677
- Nevada registration number: 20020759
- Washington registration number: 602-617-174
IAN.com L.P. is a registered seller of travel in each of the states listed below:
- California registration number: 2083957-50
- Florida registration number: ST-36671
- Iowa registration number: 865
- Nevada registration number: 20070016
The Customer acknowledges and agrees that the Customer shall execute this Agreement by:
- clicking on the appropriate icon indicating that the customer agrees with the terms and conditions of this Agreement;
- providing his or her name on the website page where the details of the travel services requested are supplied; and
- providing the Customer's credit card type, number and expiry date.
The parties declare that they have requested that this Agreement and any amendments or modifications to it be drafted in English.
Subject to the other terms of this Agreement, this Agreement includes the travel service specifications, prices, travelers and all other travel arrangements indicated on the page of this website where these details have been supplied.
If Customers have any questions or concerns regarding this Agreement, please contact PLC. Any rights not expressly granted herein are reserved.