Terms of Service

These terms are a legal agreement between Waterviews.ca Vacations Inc. (“we” or “us“) and you as the customer. Please read all the terms before indicating acceptance. These terms apply to our online platform, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements, or new features, then those terms will apply. By using our online platform, you accept these terms. If you do not accept them, do not use the online platform. You are bound by these terms even if you do not read all the terms.

1. Definitions:
   1. “Booking Fees” means the fees paid by you for use of the Platform;
   2. “Customer“, “you” and “your” means you, as the user of our Platform, a customer, or the individual who is booking or purchasing any Travel Product on behalf of someone else, through our Platform;
   3. “Personal Data” means all personal information about an identifiable individual input by Customers (but excluding business contact information);
   4. “Platform” means our platform at providing a digital platform featuring listings, descriptions and images of Travel Products and services available for booking and sale. The term “Platform” includes any mobile app that may be launched by us. The term “Platform” specifically excludes all User Content and Personal Data;
   5. “Service Providers” means of providers of Travel Products through our Platform;
   6. “Travel Product” means any travel-related booking including for travel, airfare, travel packages, accommodations, hotel, dining, rentals, travel experiences, sport events, cultural events, as are available for booking and sale through our Platform;
   7. “User Content” means reviews, content, images and data (other than Personal Data) that Customers may upload or generate through use of the Platform, including comments, ratings, reviews, or other content that Customers can create while using the Platform.
2. Your Access: Some areas of our Platform are accessible without an account. If you access areas of the platform without an account, you are still bound by these terms. To access other features of the Platform, including to reserve, book and pay for any Travel Products, Customers will be required to create an account and supply additional information.You must be at least the age of majority in your jurisdiction to create an account. If you create an account, you are consenting to the collection and use of your information under these terms, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.By entering into this agreement, you grant to us a non-exclusive irrevocable right and license to host, and retain archived back-ups of User Content that you input or submit to us, and to use all Personal Data that you submit, and if obligated, publish such data in accordance with these terms and our Privacy Notice as made available on our PlatformIf you are creating an account to reserve or book any Travel Product on behalf of someone else, then you represent and warrant to us that you have all necessary consents to provide us with the Personal Data that you submit.
3. Acceptable Use: The Platform may be used only for authorized purposes by Customers who have agreed to these terms. In creating any User Content and using our Platform, you are agreeing to comply with all applicable federal, provincial and local laws and regulations in your use of the Platform. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
   1. post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes hate speech or child pornography under applicable law, or as determined by us, in our sole discretion;
   2. threaten bodily harm, destruction of property or otherwise engage in harassment;
   3. transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another’s privacy, or infringes another’s rights;
   4. transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
   5. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Platform for any purpose;
   6. use the output of the Platform for any purpose other than as permitted under this agreement;
   7. delete or revise any portion of our Platform;
   8. distribute, sell, lease, transfer, assign, trade, rent, publish or license the Platform as a stand-alone service to others;
   9. engage in linking or framing of any portion of our sites;
   10. aggregate, scrape, harvest or duplicate any portion of our Platform, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
   11. corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
   12. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trademarks.
4. Responsibilities of Customers:
   Customers are solely responsible for:
   (a) reviewing and complying with any terms or conditions imposed by the Service Providers (such as airlines, hotels and other accommodation providers, car rental companies, insurance, activities providers etc.);
   (b) paying all amounts that are due and owing for their booking of Travel Products through the Platform;
   (c) confirming in advance all necessary travel documents, passport and visa requirements, customs, currency, health regulations, and any health formalities at the destination. Customers are responsible for compliance with any applicable sales tax or value-added tax laws in their use of the Platform;
   (d) deciding whether to create an account, input Personal Data, and reserve and purchase Travel Products; and
   (e) accepting all risks and consequences of doing any of the foregoing. You must evaluate all information that you receive through the Platform. Customers agree that all travel activities are at their own risk.
   (f) You also confirm that you are not a resident of Ontario, British Columbia, Quebec, Iowa, Washington State, California, Florida or Hawaii, to whom we are currently not selling.
5. Fees: In addition to the purchase price for all Travel Products, Customers are subject to certain Booking Fees, as detailed in the applicable checkout or payment page or the invoice issued by us or the Service Providers of Travel Products. Your transaction will be considered void unless you have created an account and agreed to the payment terms and conditions on our checkout or payment page.
6. Payment Terms: For reservations and bookings, a credit card is required from the Customer, for the purpose of guaranteeing the reservation, in cases where the Customer makes a direct payment at the time of travel (for example, at a hotel or other travel event). In all other cases payment for the reserved Travel Products is due in full at the time of booking. If the Customer has not paid the amount owing at checkout, we have the right to refuse service and/or may cancel the reservation or terminate the contract without further notice.The Customer may choose to make payment with a credit card according to payment processing requirements. We are entitled to pass on to the Customer all charges rendered by the credit card company arising from the use of the credit card for these purposes. The Customer will be advised of relevant surcharges before the payment confirmation.After payment, confirmation of a booking is made electronically and travel tickets and/or receipts are issued electronically. If the Customer has not received a booking confirmation within 24 hours of making the reservation, the Customer must report this to us immediately. If the Customer fails to report this, this is deemed to be a cancellation of the travel booking for which the Customer is financially liable and we cannot be held responsible for the travel not being undertaken.
7. Price Changes: Unavoidable changes to, or deviations from, individual travel arrangements by us are permissible if they arise after conclusion of the contract and are made in good faith and do not affect the overall character of travel. Permissible changes include changes to the itinerary, last minute alteration to flight times, as well as changes of aircraft type or airline and other changes covered in these terms of service.If obligated, we reserve the right to revise and/or increase published prices, after a transaction has been confirmed as booked Any such price changes that may arise out of the following circumstances indicated below shall be communicated to you in writing:
   1. Newly introduced or increased obligatory fees or taxes (e.g. increased port or airport taxes, accommodation cleaning fees, non-resident tourist charges, etc.)
   2. A fare change by the transport company which may introduce a new or raise existing fares including but not limited to, for example, a fuel surcharge, carbon tax, etc.
   3. A change in currency conversion rates in case of the use of a purchase instrument which does not originate in our national geographical location, for example, use of a credit or debit or gift card card not issued in Canada or whose issuing authority is not located in Canada nor denominated in Canadian dollars or the operational currency indicated on our platform.
   4. In the event that we are obliged to change the price of a travel booking for any of the above reasons, we will inform you of the price increase by email, as soon as we become aware of such changes. Should such changes in pricing be less than 10% of the original booking, we will directly charge the applicable change in fare, charges or fees on to your credit card.
   5. In the event the price increase is more than 10% of the original price of the travel booking and if no comparable alternative travel opportunity of comparable value is available at that time, the Customer may cancel the booking and receive a refund as indicated in our refund policy.

   You must inform us of the cancellation of the booking in writing at the designated cancellation email: support@waterviews.ca and in such cases, refunds will be made subject to the Service Provider’s refund policy minus our platform cancellation processing fee.

8. Changes, Cancellations and Refund Policy:
   All bookings cancelled with a notice period of 30 days or more before the departure date are fully refundable subject to the service provider’s cancellation notice period. In the rare event of the service provider requiring a notice period of more than 30 days, the service provider’s notice period will apply.
   Cancellations made with a notice period of less than 30 days notice prior to your departure date may only be partially refundable and may carry additional cancellation charges subject to the terms and conditions set by the Service Providers, which are out of our control.
   Clients are advised to save a keep a copy of the cancellation notices during the booking process to avoid any confusion.
9. Important Information about our Platform: We provide a Platform to connect travel Service Providers and Customers (travelers), to facilitate the reservation, booking and sales of Travel Products. We do not supply Travel Products nor represent or employ the Service Providers. We simply provide a platform which facilitates your access to Travel Products. While we take reasonable care in supporting our customers, providing and maintaining our platform, the information on our Platform is provided as it is made available by the Service Providers of the Travel Products. We are not responsible for nor can we guarantee the accuracy of any descriptions or listings of Travel Products listed through the Platform. Descriptions and the display of facilities and photos of accommodations, hotel rooms, grounds, distances and views, vehicles rented and activities indicated are naturally liable to change and are by their nature subjective. The customer should note that pictures of hotels, facilities, events, and their surroundings may be different at the time of booking or upon arrival. We take no responsibility for any changes for such images, nor have influence over adjacent construction, building work, renovations, the source of emissions, the other guests, the quality of food at restaurants, the language spoken or the local customs, or the quality of service at the destination.We do not exercise any control over the Service Providers, or the quality, safety, or accuracy, of any listed Travel Products. We disclaim all express or implied warranties or conditions regarding any Service Providers, or Travel Products, or the services provided through our Platform. You must take steps to verify the quality, safety, or accuracy, of any Travel Products and are encouraged to purchase travel insurance from a reliable provider of your choice to mitigate any risks and inconveniences associated with your booking
10. Intellectual Property Rights: You agree that the Platform and software, trademarks, intellectual property rights, trade-secrets, know-how related to our Platform, and any aggregated data are owned by us or our third-party technology providers and licensors, and you will not contest or challenge such ownership. Other company names and logos displayed on our sites may be trademarks of their respective owners.
11. Privacy. Our personal information handling practices are governed by our Privacy Notice. By agreeing to the terms of this agreement, you agree to be bound by our Privacy Notice. We take all reasonable precautions to protect personal information according to strict industry standards.
12. Indemnity. You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or Customers of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or Customers of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this agreement or any other agreement with us.
13. General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Platform or any Travel Products listed or purchased through the Platform. We expressly disclaim any and all liability in connection with our Platform. Since some of the content has been provided by others and/or compiled by third party service providers from a variety of sources, it is provided to you “as is” and “as available”. We do not warrant or make any representations of any kind regarding the use or the results of the use of our Platform, in terms of their correctness, accuracy, reliability, or otherwise. The content in the Platform could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT OR ANY LISTINGS, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, THE PLATFORM, UPTIME OR AVAILABILITY OF OUR SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
14. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR TRAVEL PRODUCTS LISTED OR PURCHASED THROUGH THIS PLATFORM, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE BOOKING FEES, IF ANY, PAID BY YOU TO US WITHIN THE PREVIOUS 12 MONTHS, OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100) (CAD), WHICHEVER IS LESSER.
15. Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.
16. Downtime: The Platform may experience temporary downtime as we perform routine maintenance or updates.
17. Aggregated Data: We may collect, aggregate and use data that is input by Customers or collected by the Platform subject to the following: (a) all aggregated data will be anonymized and stripped of personal identifiers and will not be traceable back to you; and (b) we will abide by all applicable privacy protection laws and our Privacy Notice in our handling of such aggregated data. We retain the rights to such aggregated data, and may use it for product enhancements and other business purposes in accordance with this agreement.
18. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
19. Changes: Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect after posting on our site(s). Continued use of the Platform after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Platform, in whole or in part, at our sole discretion, at any time, without notice.
20. Survival: All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement’s expiry or termination for any reason. The following terms shall survive the termination of this agreement: Sections 10, 12, 13, 14, 15.
21. Pilot Version. Certain versions of the Platform may be released on a beta or trial version for pilot purposes, and for the purposes of evaluation. Not all functionality is available in the beta phase, and some functionality may be introduced over time. Beta or pilot versions may contain bugs, defects and errors.
22. Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Platform. If there is any discrepancy between these terms, and the terms in any policies, acceptable use policy, FAQ or other terms and conditions imposed by a Service Provider, these terms shall prevail. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.

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