This web site (the "Web Site") is operated by TravelBrands Inc., doing business as Sears Travel Services", "Agence de Voyages Sears" and "www.searstravel.ca" (collectively, "Sears Travel"). For purposes of these Terms & Conditions, the words "you", "your", "passenger" and "cardholder" refer to each person who books or otherwise purchases or receives goods and services arranged through Sears Travel. The words Sears Travel", "our", "us", and "we" refer to TravelBrands Inc., its parents, subsidiaries, affiliates and agents.
Sears Travel (in its capacity as travel agency) makes arrangements with suppliers who provide travel services such as air travel, cruises, hotels, buses, sightseeing, car rentals and other activities included in your booking, and (in its capacity as a financial services provider) makes arrangements with suppliers who provide financial services such as the sale and purchase of foreign exchange, travellers cheques, money transfers, travel insurance, pre-paid cards and credit cards (collectively, the "Independent Providers"). The services arranged for by Sears Travel are subject to the conditions applicable thereto as imposed by the Independent Providers, and their liability may be limited by their tariffs, conditions of carriage and international conventions and arrangements. Sears Travel does not own, manage, operate or control any vehicle, hotel, resort, cruise ship, restaurant, or other supplier of services, and is not responsible for their acts or omissions. Sears Travel does not guarantee any Independent Providers' rates, bookings, reservations, connections, scheduling or protection of personal belongings. Furthermore, Sears Travel assumes no responsibility for overbooking, cancellation or delays related to the Independent Providers. Some of the Web Site content that refers to transportation, hotel accommodations, restaurants and other services is the property of, and is supplied by, the Independent Providers. Sears Travel does not verify and does not guarantee the accuracy of the information that we receive from the Independent Providers. All information, prices and availability are subject to change.
Please read and ensure you understand these Terms & Conditions before you make a reservation through, or booking with, Sears Travel. WHEN YOU BOOK OR RECEIVE SERVICES THROUGH SEARS TRAVEL OR OTHERWISE USE THIS WEB SITE, YOU AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION, QUALIFICATION, OR CHANGE, AND TO ABIDE, BY THESE TERMS & CONDITIONS, WHICH WILL CONSTITUTE THE AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND SEARS TRAVEL. IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST DISCONTINUE USE OF THIS WEB SITE. Sears Travel reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Web Site. We recommend that you review these Terms & Conditions carefully each time you use our Web Site.
Please note, the terms & conditions of the Independent Providers (including, without limitation, airlines, cruiselines, hotels, and car rental companies ) that provide travel or other services through this Web Site may vary from the Terms & Conditions of this Web Site. Sears Travel is not responsible for any action, inaction, breach of contract, error or omission on the part of the Independent Providers relating to your booking and which results in any loss, damage, delay or injury to you or your travel companions.
PERSONAL USE OF WEB SITEYou may only use our Web Site or its content for personal purposes in order to make legitimate reservations or purchases and not for any other purposes, including without limitation, for commercial purposes or to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You agree not to reproduce, transfer or sell any information, products or services from our Web Site.
You may copy electronically or print hard copies of any of the web pages from our Web Site provided that such copying or printing is for your personal non-commercial and lawful use and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Sears Travel. Except when the express written authorization of Sears Travel is granted, you may not transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of our web pages or the information which is obtained from our Web Site. Sears Travel reserves all intellectual property rights in any material that you may copy electronically or print from our Web Site.
PROHIBITED OR UNLAWFUL USEYou warrant that you will not use our Web Site for any purpose that is either unlawful or prohibited by the Terms & Conditions. You agree not to provide your personal profile sign-in information and password to any other person and not to use our Web Site in any manner which could cause it to be disabled, damaged, overloaded or impaired, or to interfere with any other person's use and enjoyment of our Web Site. You may not misrepresent your identity as a user of the Web Site.
Sears Travel, in its sole discretion, reserves the right, without prejudice to any other rights or claims that Sears Travel may have against you, to refuse service, terminate accounts, and /or cancel orders or reservations, including if Sears Travel reasonably believes that your use of our Web Site has been fraudulent (including without limitation, by unauthorized use of a credit or debit card), contravenes these Terms & Conditions, violates applicable law or is harmful to Sears Travel's interests.
USE OF TRADEMARKS"Sears Travel", "Sears Travel Services", "Agence de Voyages Sears", "www.searstravel.ca" and other Sears Travel logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on our Web Site, are either our property or the property of their respective owners. You may not use, reproduce, copy or manipulate any such names, logos, slogans, images, marks, trade names or trademarks in any manner without our prior written consent.
All content of this Web Site, including all information, design, images, sound, photographs, video, illustrations, icons, graphics, headers, text, data and software (collectively, "Content"), and the presentation, arrangement, coordination, enhancement and selection of such Content, are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by us or by third parties. All such rights are expressly reserved.
Minimum Age Requirement and Liability for Reservations and Purchases
As a condition to your making reservations and purchases through our Web Site, you represent that you are of sufficient legal age to create binding legal obligations for all charges and liabilities you may incur as a result of your use of this Web Site. For greater certainty, you acknowledge and agree that you are exclusively liable for all charges and obligations incurred as a result of your use of this Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through this Web Site by persons using your personal profile sign-in information and password.
Errors or Omissions
Sears Travel uses reasonable efforts to ensure that the Content on our Web Site is complete and current. However, Sears Travel does not guarantee that the Content contained on our Web Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. Sears Travel reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Sears Travel reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order or reservation is cancelled due to an error, inaccuracy or omission, Sears Travel shall promptly issue a credit to your credit card for the amount of such charge.
Prices and Taxes
Sears Travel charges applicable sales, federal and provincial tax, service fees and surcharges for purchases made on our Web Site. All prices listed on our Web Site are in Canadian dollars and all charges will be processed in Canadian dollars.
All reservations and prices listed on our Web Site are subject to availability and confirmation, and such confirmation will not be made until you have completed your on-line booking. Should the actual price differ from the price listed on our Web Site, Sears Travel will notify you by e-mail within hours of making the purchase. If such notification is sent to you, the sale will be terminated unless you promptly reply by e-mail with confirmation of your intention to make the purchase at the actual price.
For Residents of the Province of Quebec: The price for the travel services provided hereunder may be increased following the imposition of a surcharge on fuel by the air carrier, or an increase in the exchange rate insofar as the exchange rate applicable 45 days before the date of departure has increased by more than 5% since the date of this contract. If any such increase is equal to or greater than 7% of the price of the travel services, without taking into account any increase in the Quebec sales tax or federal goods and service tax, you may choose to cancel this contract and to receive a full refund of any amounts paid. There shall be no increase in the price of travel services within 30 days of your departure date.
Hotel star ratings are provided by the associated supplier and are not determined by Sears Travel.
Sears Club Points
Sears Travel does not administer the Sears Club Points program. Accordingly, Sears Travel shall not be responsible for any aspect of the Sears Club Points program, including the allocation or redemption of Sears Club Points. For questions regarding the Sears Club Points program, please contact Sears Canada Inc.
Sears Travel reserves the right to change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any of the Web Site features, database, or Content. Sears Travel may also impose limits on features or restrict access to parts of the Web Site.
Sears Travel's Privacy & Security Policy is incorporated herein by reference, and you agree to the terms and provisions therein.
Sears Travel may, from time to time, monitor and review any information transmitted or received through our Web Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Sears Travel, in its sole discretion, deems to be inappropriate or that it believes is in violation of these Terms & Conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Web Site constitutes your consent to such monitoring and review. Sears Travel takes no responsibility and assumes no liability for any content posted or submitted by you.
REVIEW OF TRANSMISSIONS
Our Web Site enables you to provide us with comments. If you provide us with comments, you grant Sears Travel a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant Sears Travel the right to use the name you submit in connection with the comments.
Please note that all Content on our Web Site is provided on a "as is" and "as available" basis. Sears Travel makes no representations or warranties of any kind, either express or implied, as to the Content, information or products included on this Web Site or as to the operation of this Web Site. To the fullest extent permissible under applicable law, Sears Travel disclaims, and you hereby waive, any and all warranties and representations of any kind, whether express or implied, arising by operation of law or otherwise, with respect to our Web Site or any other internet site linked to our Web Site and any Content on our Web Site or any other internet site linked to our Web Site, including, but not limited to, any (i) implied warranty of merchantability, informational content, title or fitness for a particular purpose; (ii) implied warranty of non-infringement of the rights of third parties; and (iii) claim in tort (including negligence).
Without limiting the foregoing, you acknowledge that Sears Travel does not represent or warrant that this Web Site will be accessible without interruption or that this Web Site is free from errors, defects, design flaws or omissions or from viruses or other harmful components (or that such errors, defects, flaws, omissions or harmful components will be corrected or removed).
Sears Travel does not warrant the accuracy, integrity or completeness of the Content provided in this Web Site, including any advice or other similar information you may obtain through this Web Site.
Sears Travel is not responsible for any failures caused by server errors, misdirected or re-directed transmissions, failed internet connections, interruptions in service or receipt of reservations or ticket orders, or other defects whether technical or human in nature.
WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY OR GUARANTEE IS MADE (i) REGARDING THE ACCEPTANCE OF ANY RESERVATION OR TICKET REQUEST; (ii) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE; OR (iii) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS WEB SITE OR REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE.
The information on this Web Site is directed solely at those who access this Web Site from Canada. Sears Travel DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA. Residents of other countries must identify themselves as such at the time of booking or purchase, and ascertain whether the booking or purchase will be accepted from their country of residence and the conditions applicable to their booking or purchase. All bookings and purchases are also subject to the general information and product descriptions relating thereto.
Travellers who use the Web Site assume full responsibility for, and hereby release Sears Travel from, any duty of checking or verifying any passport, visa, vaccination or other entry requirements for chosen destinations. Travellers are also fully responsible for verifying all safety and security conditions for each destination. You agree that Sears Travel is not responsible for any potential risks and hazards associated with travel to destinations listed on the Web Site. Without limiting the generality of the foregoing, Sears Travel assumes no responsibility for standards of hygiene, cuisine, sanitation, medical treatment or telecommunications services. Nor is Sears Travel responsible for any political instability, terrorist activity, war, social or labour unrest, civil disturbances, arbitrary changes in government policies, local laws or customs, climatic conditions, methods of conducting business, military activity or emergency evacuation methods. By embarking on travel arranged through, or utilising information contained on, the Web Site, you voluntarily assume the risks associated with such travel.
Sears Travel shall not be responsible for any damage to or loss of luggage or personal items. Sears Travel STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE. All incidents of damaged, lost or stolen luggage should be reported in writing directly to your insurance company. You should contact your airline to find out the maximum luggage and carry-on requirements as all excess luggage will be subject to additional charges by the airline.
In no event shall Sears Travel or its affiliates, or any of their directors, officers, employees, affiliates, successors, assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, and whether active, passive or imputed), product liability, strict liability or other theory of liability, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with (i) any use of, inability to use, or results of use of this Web Site; (ii) any Content on this Web Site; (iii) the provision or failure to provide any product or service; (iv) any errors or inaccuracies contained on this Web Site; (v) any transactions entered into or via this Web Site; (vi) any property damage, including to your computer system, caused by viruses or other harmful elements during or as a result of access to or use of this Web Site or any site to which it provides links, or; (vii) delay or inability to use the Web Site or any information, products or services obtained through the Web Site, even if Sears Travel or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Web Site and the Content thereon, or the Terms & Conditions, your sole and exclusive remedy is to discontinue use of this Web Site. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Sears Travel's total liability to you shall in no event exceed one hundred dollars ($100). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
LIMITATION OF LIABILITY
INDEMNIFICATIONYou shall defend and indemnify Sears Travel and its affiliates, any Independent Providers, and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web Site or your breach of this Agreement.
LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT
This Web Site may contain links to other internet sites which are provided to you for your convenience. Please note that the provision of any links to other internet sites does not constitute an endorsement by Sears Travel of such linked internet sites. All such other internet sites are wholly independent from this Web Site and from Sears Travel, and Sears Travel has no control or power over such other internet sites, including their content.
The Terms & Conditions as well as the use of this Web Site, including any order, reservation or purchase made through this Web Site, shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.
GOVERNING LAW, ARBITRATION AND CLAIMS
Any claim or dispute (including, without limitation, any unresolved claims concerning any services booked through this Web Site and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your use of this Web Site or the purchase of products or services through this Web Site, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.
If for any reason the foregoing is determined to be not applicable or enforceable, you consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the Terms & Conditions and the use of this Web Site.
Notice of Claims: You must notify Sears Travel, in writing by registered mail to the address indicated below, of any claim you may have, or claim to have, against Sears Travel, within 30 days from the event giving rise to the claim. Should you not file a written complaint with Sears Travel within 30 days from the later of (i) your use of this Web Site or (ii) the end of your vacation or use of the travel services obtained through this Web Site, it will be deemed that (i) you are satisfied with the services rendered and (ii) you have waived any and all claims that you may have had against Sears Travel. Sears Travel need not respond to any claims or demands made after the expiration of such 30-day period. You may not commence any legal proceeding against Sears Travel unless you have submitted a notice as set out above. Under no circumstances shall Sears Travel be liable to you for an amount in excess of one hundred ($100) dollars.
TravelBrands Inc., doing business as Sears Travel Services, Agence de Voyages Sears and www.searstravel.ca
5450 Explorer Drive, 3rd Floor, Mississauga, ON L4W 5N1 Ont. Registration Numbers: 50012702, 50010226
Separate additional terms & conditions may apply to reservations, purchases of goods and services and other uses of portions of this Web Site and you agree to abide by such other separate additional terms & conditions.
The Terms & Conditions shall be deemed severable. In the event that any provision of the Terms & Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions, together with the Privacy and Security sections of this Web Site, constitute the entire Agreement between Sears Travel and you regarding the subject matter of this Agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Sears Travel and you with respect to such subject matter. Your retention and use of tickets, reservations, tour documents, invoices or bookings after issuance shall constitute evidence of your consent to these Terms & Conditions.