|
Terms 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 these
Terms and Conditions, please do not use this site. This site is owned by
Javisa Travel, a division of Javisa International Ltd, ("we", "us",
"Javisa", "Javisa Travel", "Javisa International Ltd") and is provided for
the use of residents of North America only. |
|
1. Travel information
|
| a. |
Our web site displays information about travel locations, airfares, travel agents locations, flight times and dates, tours, packages, insurance, cruises, transportation, foreign currency, schedules, travel companies and other
material related to travel. |
| s. |
This information is supplied to us by Third Party providers, such are 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. |
| d. |
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. |
| e. |
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. |
| f. |
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 |
| a. |
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. |
| b. |
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. |
| c. |
The prices set out set out on the web site do not
include taxes or airport charges. Taxes, airport charges and any additional
costs will be advised to you once you have made a booking with us and we have
confirmed the booking. |
|
3. Suitability of travel products and services |
| a. |
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 |
| a. |
The rules in this clause apply to "specials"
displayed on our web site. The site rules set out above also apply to
"specials". |
| b. |
"Specials" are available for a limited time. You
must verify with us whether a "special" displayed on our web site is still
available. |
| c. |
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. |
| d. |
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 |
| a. |
This web site, the software, design, text and
graphics in this web site, or web sites contributing material to displays
initiated within this web site, and the selection and layout of this web site,
are owned or licensed by us and are protected by Canadian and international
intellectual property laws. |
| b. |
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 our specific written
permission. Unauthorised use of materials from our site will not only breach
this agreement, but may violate copyright and other laws. |
| c. |
Certain trade marks, service marks, business names,
company names, logos, trade names and get up (trade dress) used on this site are
owned by us or our licensors. In particular, we own the trade marks JAVISA,
JAVISA TRAVEL, JAVISATRAVEL, JAVISA INTERNATIONAL LTD, logo. You do not have any
right or license to use them. |
|
6. Your Use |
| a. |
You must use this site in a responsible and
co-operative manner. |
| b. |
You must not: |
| |
1. |
make any fraudulent, speculative or false enquiries,
bookings, reservations or requests using this web site; |
| |
2. |
use another's name, ID or password without
permission; |
| |
3. |
use the web site while impersonating another person;
|
| |
4. |
post or transmit to or via the web site any
unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or
pornographic material or any material that could give rise to civil or criminal
proceedings; |
| |
5. |
tamper with, hinder the operation of or make
unauthorised modifications to the web site; |
| |
6. |
delete data from the web site without our
permission; |
| |
7. |
knowingly transmit any virus or other disabling
feature to the web site; |
| |
8. |
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; |
| |
9. |
frame this web site as part of another site or cache
this web site for commercial benefit; |
| |
10. |
attempt to do any of the above acts; |
| |
11. |
knowingly permit another person to do any of the
above acts. |
|
7. Your warranties |
| a. |
You warrant that: |
| |
1. |
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; |
| |
2. |
you are responsible (financially and otherwise) for
all uses of this site by you and those using this site using your ID and
password; |
| |
3. |
the information you supply via the web site will be
accurate and not misleading, deceptive or likely to be mislead or deceive. |
|
8. Indemnity |
| a. |
You indemnify us and our officers, employees and
agents against all losses, costs, damages, claims and expenses arising from:
|
| |
1. |
any breach of these Site Rules by you; |
| |
2. |
any act or omission by you or an officer, employee
or agent of you; |
| |
3. |
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 |
| a. |
1. |
Subject to clauses 5.a and 5.b, 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. |
| |
2. |
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. |
| |
3. |
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 |
| a. |
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. |
| b. |
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. |
| c. |
The travel products and services offered and
promoted via this web site are products and services of Third Parties. Our role
is to facilitate your travel arrangements, including processing your bookings
and making payments. 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. |
| d. |
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. |
| e. |
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. |
| f. |
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: |
| |
1. |
in the case of products: |
| |
|
a. |
the
replacement of the products or the supply of equivalent products; |
| |
|
b. |
the
payment of the cost of replacing the products or acquiring equivalent products; |
| |
2. |
in the case of services: |
| |
|
a. |
the supply
of the services again; |
| |
|
b. |
the
payment of the cost of having the services supplied again. |
|
11. Confidentiality |
| a. |
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. |
| b. |
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 |
| a. |
We may link our site to other sites on the Web.
These links are provided for your convenience only. It does not mean that we
have looked at these sites or that we check them out. We are not responsible for
the content of other web sites, even if we link to them. We are not recommending
these web sites or their products or services to you. 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 |
| a. |
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 |
| a. |
We may terminate this Agreement, and any other
agreement between us, immediately if you breach any of these web site Rules. We
may also prevent you from accessing this, or associated, web sites. |
|
15. Our relationship |
| a. |
No agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended to be
created between you and us by these Site Rules. |
|
16. Notices |
| a. |
Except as required by law or otherwise specified by
us, you must provide any notices to us by email to
james@javisatravel.ca . 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 |
| a. |
1. |
If any dispute arises about this agreement or how
this agreement applies or arising out of your use of this site, the laws of
Ontario and Canada will apply. |
| |
2. |
You irrevocably and unconditionally submit to the
non-exclusive jurisdiction of the courts of Canada, and waive any right that you
may have to object to an action being brought in those courts. |
|
18. General |
| a. |
If any of these terms of use is invalid or unenforceable, it will be struck out, and the remaining terms will remain in force. |
| b. |
Headings are for reference purposes only. |
| c. |
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. Last updated 2003 NOV 12. |
|
|
