Terms of Use
PLEASE READ THE FOLLOWING CAREFULLY.
Legalese: While WestJet Vacations wants to be the travel services provider you book with because of our great prices and fun attitude, we still need to let you know about the legalities. This document sets out those terms and conditions (the "Agreement") under which WestJet Vacations ("we", "us", "our") allows you ("you", "your") to use our website ("Website"), whether you do so just to find out about us and our services or to carry out booking of travel services and other activities using the Website.
If you are visiting our Website as what we call a Visitor (see below for definitions), your use of the Website confirms that you consent to this Agreement. To access other services or parts of the Website, you may have to confirm that you have read, accepted and agreed to this Agreement by clicking on "I Accept" or you will not be able to view or use those portions of the Website.
THIS AGREEMENT LIMITS THE LIABILITY OF WESTJET VACATIONS, GRANTS YOU A LIMITED LICENSE AND GIVES WESTJET VACATIONS OWNERSHIP OF AND CONTROL OVER INFORMATION YOU PROVIDE. ALL PERSONAL INFORMATION PROVIDED BY INDIVIDUALS ALSO BECOMES SUBJECT TO WESTJET VACATIONS' APPLICABLE PRIVACY POLICY.
1. Definitions: Many of the words and phrases in this Agreement have specific meanings so we have provided those for you to read:
a) Who are you? Who you are makes a difference in how this Agreement affects you. You may visit or use the Website in different roles at different times as follows:
Visitor - a Visitor is anyone who visits the publicly available parts of our Website but who is not asked to click "I Accept". Visitors can access information from the Website's publicly available areas without telling us anything about themselves, but by using the Website, Visitors still accept the terms and conditions of this Agreement. Visitors cannot access areas of the Website requiring a password, cannot book travel services, and cannot access the Data.
Guest - A Guest is an individual booking travel services from or through WestJet Vacations or any other entity, whether in connection with travel services from or through WestJet Vacations or otherwise. "Guests" include individual Agents who book travel services for themselves and also include the individuals with respect to whom an Agent books travel services. "Guests" also include clients of a travel agent and employees or other persons with respect to whom an Agent books travel services. A Guest may book their services personally and/or directly, or they may use an Agent to do so. A Guest may access the Website as a Visitor on a different occasion without logging in.
Agent - An Agent is any person who books travel services on behalf of another individual in any manner. You are an Agent if you fit within any of the following:
You are booking travel services on behalf of a friend, parent, child, spouse or other family member (but with respect to bookings you make for yourself, you are also or still a Guest); or
You are a travel agent, or you are an employee, officer, director, contractor or agent of a travel agent (unless you are an agent booking your own travel services, in which case you are a Guest); or
b) Other Terms to Know:
"act on behalf of", or similar words, means to enter into contracts or agreements in the name of or on behalf of a Guest, which must be with their knowledge, consent and authority (unless they are a minor and you are their parent or guardian and have the legal right to do so on their behalf), and includes booking travel services, contracting for the supply of wares or services and supplying personal information of a Guest or other individual in connection with doing so.
The "Data" means any and all records, documents, data and information related to travel services bookings for Guests, including without limitation information with respect to all travel services, itineraries and schedules, contact persons, holders of credit cards, dates and times of flight arrival, airlines and flight numbers, arrival and departure dates and times, hotel, lodging, accommodation bookings and schedules, attractions, Personal Information related to Guests and persons accompanying Guests, bookings on other carriers, including airlines, bus lines, limousines, chauffeurs, tour operators and similar service providers, rental car bookings, and related matters.
"Personal Information" means all information about a Guest, about you, or about any other identifiable individual, including, without limitation, name, date of birth, age, travel services, financial information, credit card and billing information, health information, allergies, food preferences, seating preferences, height, weight, and any and all other information related to or that can be connected with an identifiable individual.
2. Purpose for Access: You agree that the purpose for our providing you with access to the Website is to allow you to obtain information and (where applicable) upload, download, create, edit, modify, add to and delete from the Data for purposes reasonably connected to making, modifying, booking, viewing, checking and managing the travel services, schedules, itineraries and arrangements of yours and/or Guests on behalf of whom you have the authority to do so, and in addition to generate and review reports on your activities, or those of Guests you act on behalf of as may be permitted by WestJet Vacations from time to time. Once received by WestJet Vacations, the Data becomes part of a database, which WestJet Vacations owns. Any Personal Information in the Data will be collected, used and disclosed by WestJet Vacations pursuant to consent provided by you and the WestJet Vacations Privacy Policy.
3. Your Warranties and Representations to WestJet Vacations: You warrant and represent to WestJet Vacations as follows:
a) Except where you are booking your own travel services, or where you act on behalf of a minor and are that minor's guardian or parent, you have the full and complete authority and consent of the Guest to enter, upload, download, edit, modify, add to and delete from the Data with respect to the Guest, including their Personal Information;
b) If you act on behalf of an organization, such as a travel agency (on behalf of a Guest), that organization has implemented a legally compliant privacy policy and appointed responsible individuals with respect to the collection, use and disclosure of personal information, including by you;
c) By accessing the Website and/or adding to, deleting or modifying Data with respect to any Guest, you are not breaching any contract, duty or law or infringing anyone's intellectual property, privacy or other legal rights; and,
d) You are aware of the contents of this Agreement and agree to follow its terms and conditions.
4. Compliance with Rules and Regulations: You agree to follow all the rules and regulations set by WestJet Vacations from time to time as currently set out in this Agreement. These rules and regulations will apply to use of any kind of the Website and access to the Data and will apply to you whether you are an Agent or a Guest, or, as applicable, a Visitor.
5. Your Agreement: You agree that at all times:
a) Your access to this Website is for your use for the stated purposes in this Agreement only. You will not allow or provide access to this Website to any unauthorized person or any person under the full age of majority in your jurisdiction, unless such access is continuously supervised by you;
b) All content displayed on this Website, including but not limited to the Data in WestJet Vacations' databases, is subject to copyright and other intellectual property rights of WestJet Vacations or its licensors, all rights reserved;
c) You will not copy, distribute, or disclose the Data or Personal Information with respect to any Guest without their consent, or post it online or otherwise make it public or available to any unauthorized persons;
d) You will not divulge any user name, password or other account information provided to you to anyone else;
e) To the best of your knowledge, any Personal Information given by you to WestJet Vacations is true, complete and accurate and is given with the knowledge and consent of the individual Guest or other person concerned.
6. Withdrawal of Access for Cause: This Agreement grants no rights, only privileges and permission. You agree that WestJet Vacations, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you as an individual under this Agreement may be revoked, suspended or terminated by WestJet Vacations at any time without notice.
7. Waiver: You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as nasty human activity. While WestJet Vacations will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall WestJet Vacations be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence of WestJet Vacations.
8. Disclaimer: WESTJET VACATIONS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN "AS IS, WHERE IS", AND "AS AND WHEN AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WESTJET VACATIONS DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. WESTJET VACATIONS MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. WESTJET VACATIONS FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE.
9. Limitation of Damages: You further agree that IN NO EVENT WILL WESTJET VACATIONS BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of this Website, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, OR FROM DEFAMATION, LIBEL OR SLANDER, or any other damages whatsoever, whether or not WestJet Vacations shall have been advised of the possibility of such damages. THE TOTAL LIABILITY OF WESTJET VACATIONS shall in all cases be limited to a MAXIMUM of the SUM OF ONE THOUSAND DOLLARS ($1,000.00) IN CANADIAN CURRENCY.
10. Further Disclaimer of WestJet Vacations: While we will make reasonable commercial efforts to make the Data available on a reasonable basis, we accept no obligation to do so on any pre-agreed basis or at all. WestJet Vacations may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, WestJet Vacations shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. WestJet Vacations has no control over such third parties and in no event will we be liable for any reliance by you on the Data.
11. Evidence: Computer records stored in reasonably secure conditions by WestJet Vacations with respect to the Data, the Website and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the Data and the Website. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.
12. Injunctive and Similar Relief: You agree that any breach by you of this Agreement will not be fully compensable in damages and you therefore agree that WestJet Vacations shall be entitled to immediate equitable, injunctive and other similar relief against you without notice and without the necessity of proving damages or the likelihood of damages.
13. Indemnity: You agree to indemnify and save harmless WestJet Vacations for any damages sustained should you breach your warranties and representations.
14. Grant of Limited License: WestJet Vacations grants to you a non-exclusive, limited and revocable license to download and view the Data and other content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.
15. Non-Assignment by You: You may not assign this Agreement. It is and shall remain personal to you.
16. Termination: WestJet Vacations may terminate this Agreement at any time with or without notice to you and may act unreasonably in so doing, in its absolute discretion. You may not terminate this Agreement, which shall remain in force, with such provision, without limitation, to apply pursuant to any agreement between WestJet Vacations and, if you are an Agent, any organization you are employed with or on whose behalf you access the Data.
17. Entire Agreement: Subject to any other applicable agreements to which WestJet Vacations may be a party, this is the entire agreement, contract and understanding between you and WestJet Vacations.
18. Other Sites: You agree that WestJet Vacations has no control over the content or performance of any website linked to or from this Website, that WestJet Vacations expresses no opinion concerning the content or performance of any such website, and that WestJet Vacations shall in no event be held liable or responsible for the content of any such website.
19. Governing Law: This Agreement shall in all respects be governed by the laws of the Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts of Alberta. You expressly submit to and attorn to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent WestJet Vacations from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Agreement.
20. Severance and Enurement: Should any portion or portions of this Agreement be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Agreement, and the remaining portions of the Agreement shall be enforced. This Agreement shall enure to the benefit of the heirs, executors, administrators and permitted assigns of you and WestJet Vacations, including its subsidiaries and affiliates.
21. Copyright and Trademark Notices: All contents of the Website are: Copyright © WestJet Vacations Inc. *WestJet Vacations is a registered trademark of WestJet Airlines Ltd. Other trademarks of third parties on the website are the property of such parties, used with permission. All rights are expressly reserved.
22. AND
This is the end of THIS Agreement. If you made it this far, congratulations! Thank you for your attention, and we hope you will be booking travel services with us soon.
