Please review these Additional Terms of Service for Guests (“Guest Terms of Service”) thoroughly. The Guest Terms of Service are subject to the Master Terms of Service available here. If you have questions on these Guest Terms of Service, please contact us before you use our Services.
If you are a Guest as defined in the Master Terms of Service, these Guest Terms of Service apply to you and by purchasing access to or using the Services you are agreeing to the terms and conditions in these Guest Terms of Service, which means you will be in a legal agreement with 10712086 Canada Inc., doing business as the Tourism Technology Company (the “Company”, "we", “us”, "our", and similar expressions).
1. Definitions and Interpretation
a. Definitions. In these Enterprise Customer Terms of Service, capitalized words not otherwise defined are given the meanings in the Master Terms of Service.
b. Interpretation. Words importing the singular number only shall include the plural and vice versa and words importing the masculine gender shall include the feminine. The headings are intended solely for convenience of reference and will be given no effect in the interpretation or construction of these Enterprise Customer Terms of Service. Wherever the words “include”, “includes” or “including” are used, they shall be deemed to be followed by the words “without limitation” and the words following “include”, “includes”, or “including” shall not be considered to set forth an exhaustive list.
2. Use of the Platform and our Services
a. Use. Our Platform allows you to book business accommodations, activities, experiences, and services (which for the purposes of these Guest Terms of Services are collectively considered Customer Services within the meaning of the Master Terms of Service) with Business Providers (a “Listing”). When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees and taxes, and any other items identified during checkout. When you receive the booking confirmation, a contract for Customer Services (a "Reservation") is formed directly between you and the Business Provider. In addition to these Guest Terms of Service, you will be subject to, and responsible for complying with, all terms of the Reservation, including the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and to meet Business Provider requirements prior to booking a Listing. You are responsible for informing the Business Provider of any condition, including medical or physical conditions or other circumstances, that may impact your ability to participate, attend, or use their Customer Services. Except where expressly authorized, you may not allow any person to join a Reservation unless they are included as an additional guest during the booking process. Guests and Business Providers are responsible for any booking modifications they agree to make via the Platform or direct us to make on their behalf.
b. Account. To access and use our Services, you must register for an account with us through the registration process within our Platform or through our authorized support personnel (an "Account"). To create an Account, you may need to provide your full legal name, current address, phone number, a valid email address, and any other information we require. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You must be the older of 18 years or the age of majority in the jurisdiction where you reside and from which you use the Service to open an Account. You may not sign up for, or have any access to, an Account if doing so would violate any Applicable Laws. By signing up for an Account, you represent and warrant that you meet the conditions for having an Account with us and acknowledge that we are relying on this representation and warranty.
c. Communicating With You. You acknowledge that we will use the email address you provide when you open an Account or as updated by you from time to time as a method for communication with you regarding your Account and use of our Services. We may also contact you through the communication methods provided within the Platform.
d. Security. You are responsible for keeping your Account secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, including any password or single sign-on integration you use to access your Account. You agree to protect your passwords, internet access, computer, mobile phone, and devices from unauthorized access to your Account, and, in the event of any unauthorized access to or use of the Services, promptly notify us. You are solely responsible for your network connections and telecommunications links from your devices to our Platform and for all problems, conditions, delays, failures, and all other loss or damage arising from or relating to your internet access to our Platform.
e. Inactivity. If your Account is inactive for 12 or more months, we may terminate the Account. Once your Account is terminated, whether by you or us, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.
f. Account Ownership. In the event of a dispute regarding Account ownership, we have the right to request documentation to determine the appropriate Account ownership. Documentation may include things such as a scanned copy of your government issued photo identification or the account number associated with a connected service or account, such as an account associated with any method of payment we have for you. We have the right to determine, in our sole judgment, who the rightful Account owner is and transfer an Account to that person. If we are unable to reasonably determine the rightful owner of an Account, without prejudice to our other rights and remedies, we have the right to temporarily disable an Account until you and the other party in the dispute have resolved the question of who the rightful owner is.
g. Third-Party Services. The Platform allows you to access, integrate with, or acquire products, services, websites, links, content, material, and offers from independent third parties (companies or people who are not us) ("Third-Party Services"), which include Business Providers providing their services to you in your role as a Guest. The Third-Party Services may present you with terms of service that you must accept before you can access those Third-Party Services. You should review the third-party terms and conditions before acquiring, using, or requesting the Third-Party Service. Any third-party terms do not modify this Agreement. We do not license any intellectual property to you as part of any Third-Party Services; any licenses or other agreements regarding rights to access to Third-Party Services are between you and the provider of the Third-Party Service.
h. Connecting with Business Providers. The Platform allows you to connect with an Business Provider that you choose or from whom you accept an invitation. When you connect to an Business Provider on the Platform, they will be able to see your Customer Data, including any Personal Data you upload to the Platform. Business Providers may also use Personal Data you give to them or that they receive about you from third parties with the Platform, or share your Personal Data with third parties with which they are affiliated or that are involved in the Business Provider’s business or services they provide to you. You consent to the collection, use, or disclosure of your Customer Data and Personal Data for such purposes.
j. Standard Support Services. We provide technical and support services (“Support Services”) to you during our regular business hours through the communication means we make available for such support. Our Support Services are limited to matters pertaining to our Platform, corporate policies, and the Agreement. We do not provide support for any third-party software or Customer Services of any kind
k. Cancelling the Services. You may close your Account and cancel access to our Services at any time, with or without cause. When you close your Account, we may delete your Customer Data according to the terms of the Master Terms of Service.
a. Applicability. Not all of our Services require a Fee for access or other payment. However, if a part of or the whole of our Services requires you to pay a Fee for access or an amount to receive Customer Services, we will tell you before you may access that part of the Service or order those Customer Services. If you purchase a Service from us or a Customer Service from an Business Provider, then you agree to these payment terms.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to permit us to use any updated payment account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your Account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing us with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Service or available content using your payment method; and (iii) authorize us to charge you for any paid feature of the Service you choose to sign up for or use. We may bill you (1) in advance; (2) at the time of purchase; (3) shortly after purchase; or (4) on a recurring basis for subscription Services, each according to the invoicing schedule we present to you at the time you purchase a paid Service or pursuant to an order form you enter into with us for such Services. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we or our service providers reserve the right to collect from you any applicable return, rejection, or insufficient funds fee, and to process such charge as a Fee payment to us.
d. Online Statement and Errors. We will provide you with an online billing statement or emailed invoice for any paid Services you use and for which you have paid. If we make an error on your billing statement or invoice, you must tell us within 90-days after the error first appears on your billing statement or invoice. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund, unless otherwise required by law. If we identify a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.
e. Refund Policy. Unless otherwise provided by Applicable Law or by a particular Service offer, all purchases are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
f. Cancelling Paid Services. You may cancel your access to our paid Services at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. You should refer back to your Order describing the Services you paid to access since (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; and (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation. If you cancel, your access to the paid Services ends at the end of the applicable Service period, after considering any mandatory notice period for cancellations required in these Guest Terms of Service or your Order.
g. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service within the timeframe communicated to you when you accepted the offer to avoid being charged to continue the trial Service at the end of the trial period.
h. Promotional Offers. From time to time, we may offer Services according to promotional terms or pricing we describe to you at the time of the promotion. We reserve the right to charge you for such Services at the normal rate if we determine, in our reasonable discretion, that you are abusing the terms of the promotional offer.
i. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 90 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
j. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous over-payment.
k. Bank Account Payment Method. You may register an eligible bank account with your Account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a Canadian-based financial institution that supports electronic funds transfer (“EFT”) or a US-based financial institution that supports automated clearing house ("ACH")). You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize us (or our agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund, or a similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Account. Contact us as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand, and agree to these terms.
a. Requests to Delete Customer Data. You may request that we delete your Customer Data, including any Personal Data that makes up your Customer Data. Subject to us retaining Personal Data as required under Privacy Laws, respecting and responding to data subject rights under Privacy Laws, routine backup of Customer Data and the retention and destruction and procedures we follow under our backup and retention policies, and complying with your reasonable instructions given to us, we will delete your Customer Data within a reasonable period of time when you request us to do so.
b. Acknowledgment Regarding Deletion of Customer Data. You acknowledge and agree that when we delete Customer Data by your request, due to inactivity, or when you cancel your Account, it may be irreversibly deleted, and you will no longer have access to the data in any form. This also means that you may not be able to use your Customer Data.
5. Disclaimers. IN ADDITION TO ALL DISCLAIMERS OR LIMITATIONS ON OUR LIABILITY MADE IN THE MASTER TERMS OF SERVICE, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING DISCLAIMERS OF LIABILITY, WHICH ARE MADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
a. Deletion of Customer Data. You acknowledge and agree that we are not liable to you, an Business Provider, or any third party, and you have no recourse against us, including under any indemnification provided in or under the agreement, for deleting Customer Data at your request, for Account inactivity, or when you close your Account. We are not liable to you for any inability or reduced ability of a Business Provider or third party to provide services to you as a result of us deleting your Customer Data in response to your request to delete your data.
b. Business Providers. Business Providers are Third-Party Services as defined in the Master Terms of Service. We are not liable for the services, standard of care, actions, omissions, errors, breach of duties or ethics, or non-compliance of Business Providers with Applicable Laws in any way whatsoever.
c. Third-Party Services. You agree to assume all risk and liability arising from your use of Third-Party Services and that we are not responsible for any issues arising out of your use of them in any manner whatsoever, including the services, standard of care, actions, omissions, errors, breach of duties or ethics, or non-compliance of Third-Party Services with Applicable Laws in any way.
d. Compliance with Applicable Laws and other rules. By granting you with access to the Platform and providing Services to you we do not in any way whatsoever represent, warrant, or guarantee that your use of the Platform or Services complies with Applicable Laws or any other rule applicable to you. You are solely responsible for ensuring that your access to and use of the Platform or Services is in compliance with Applicable Laws.
e. Sharing information with others. The Platform allows you to share your Customer Data, including Personal Data about you, and other content you choose (collectively, “Transmitted Content”) with Business Providers that you select through the functionality of the Platform. We make no representation and will have no liability or obligation whatsoever regarding (i) the use or disclosure of the Transmitted Content by the recipient, including any errors or omissions made by the recipient, (ii) the accuracy of the contact information of the recipient of the Transmitted Content displayed on the Platform, (iii) the quality or accuracy of the Transmitted Content, (iv) the successful transmission of the Transmitted Content, (v) the qualifications, certifications, or expertise of the recipient of the Transmitted Content, or (vi) the right, ability, or legality of the recipient to receive, use, or further disclose the Transmitted Content.
f. Receiving information from others. The Platform enables you to receive content and data from Business Providers and third parties (collectively, “Received Content”). We make no representation and will have no liability or obligation whatsoever regarding (i) the compliance of any transfers of Received Content with Privacy Laws, (ii) your use of the Received Content, (iii) the quality or accuracy of the Received Content, (iv) the qualifications, certifications, or expertise of the sender of the Received Content, or (v) the right, ability, or legality of you to receive, use, or further disclose the Received Content.