CANADIANHOTELS.CA WEBSITE TERMS & CONDITIONS
Agreement Between You And Canadianhotels.Ca
Welcome to the CanadianHotels.ca family of websites, including but not limited to torontohotels.ca, niagarahotels.ca, ottawahotels.ca, montrealhotels.ca, hotelguide.ca, hotelsearch.ca, hoteldiscounts.ca, and hoteldirectory.ca (collectively the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations, or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "CanadianHotels.ca" refers to Harvey Ross Enterprises Ltd., a Canadian corporation, and its affiliates. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
Use Of The Website
As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age,
- you possess the legal authority to create a binding legal obligation,
- you will use this Website in accordance with this Agreement,
- you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
- you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
- all information supplied by you on this Website is true, accurate, current and complete, and
- if you have a CanadianHotels.ca account, you will safeguard your account information, including user names, profiles, and passwords, and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, price and availability of travel services]), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, documents, software, products, or services obtained from or through this Website.
Additionally, you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) link or deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Supplier Rules And Restrictions
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Submission Of Content To The Website
By submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Content"), you grant CanadianHotels.ca and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and
- use the name that you submit in connection with such Content. You acknowledge that CanadianHotels.ca may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners.
You further grant CanadianHotels.ca the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of this Agreement. You acknowledge and agree that Content is non-confidential and non-proprietary. We take no responsibility and assume no liability for any Content posted or submitted by you. We have no obligation to post any Content. We reserve the right in our absolute discretion to determine what Content (if any) is published on the CanadianHotels.ca website. If you do not agree to these terms and conditions, please do not provide us with any Content.
You are fully responsible for your Content (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website:
- any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
- any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
- any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Content to this Website. You acknowledge that CanadianHotels.ca may exercise its rights to any Content you submit without notice to you.
You acknowledge that CanadianHotels.ca pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by CanadianHotels.ca and the facilitation fee retained by CanadianHotels.ca to compensate us for our services. You authorize CanadianHotels.ca to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by CanadianHotels.ca or a service provider of CanadianHotels.ca for the total reservation price. Upon submitting your reservation request, you authorize CanadianHotels.ca to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. Your credit card information will not be sent to the reserved hotel, although the reserved hotel may require your credit card information upon check-in to cover incidental charges. When you make a booking, you will automatically enter into an agreement with the hotel you have chosen.
You acknowledge that CanadianHotels.ca does not collect taxes on behalf of hotels for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that CanadianHotels.ca pays to the hotel supplier in connection with your hotel reservations. The hotel suppliers invoice CanadianHotels.ca for tax amounts. The hotel suppliers remit applicable taxes to the applicable taxing jurisdictions. You will be responsible for the payment of all applicable tax, fees and service charges relevant to the region where the hotel is booked, including without limitation, goods and services tax, harmonized sales tax, provincial sales tax, commodity tax, destination marketing fund fees (Ontario), indemnity fund fees (Quebec), and similar fees imposed in other jurisdictions. CanadianHotels.ca does not act as co-vendors with the hotel supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rates vary by location. The actual tax amounts paid by CanadianHotels.ca to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.
Prepaid Reservation Booking Revisions and Cancellations
Your prepaid reservation booking may only be revised or cancelled with a minimum notice to TorontoHotels.ca 72hrs prior to the 3pm check-in time of the first night's stay. If you do not cancel or revise your reservation 72hrs. prior to the 3pm check-in time you will be subject to a charge of all applicable nightly rates, tax recovery charges and service fees detailed on your TorontoHotels.ca confirmation. We reserve the right to charge a fee in case of changes and/or cancellations. In limited cases, where indicated at time of booking and reiterated on confirmation, your prepaid TorontoHotels.ca reservation booking will have a No Cancellation / Modification policy in effect.
As per the terms & conditions above, you agree to pay any cancellation or change fees that you incur as a result of the detailed policy.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, CANADIANHOTELS.CA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON OR MADE AVAILABLE THROUGH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE APPLICABLE HOTEL OR OTHER SUPPLIER. IN ADDITION, CANADIANHOTELS.CA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT ANY CANADIANHOTELS.CA CHANGE OR CANCELLATION FEES.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS GENERAL GUIDELINES ONLY, AND CANADIANHOTELS.CA DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. CANADIANHOTELS.CA AND ITS RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF ANY SPECIFIC PRODUCTS OR SERVICES. CANADIANHOTELS.CA AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE AT ANY TIME.
CANADIANHOTELS.CA, AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CANADIANHOTELS.CA . ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CANADIANHOTELS.CA AND ITS RESPECTIVE SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL OR OTHER COMMUNICATION SENT FROM OR BY CANADIANHOTELS.CA AND/OR ITS RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANADIANHOTELS.CA, AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CANADIANHOTELS.CA. CANADIANHOTELS.CA SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CANADIANHOTELS.CA SHALL HAVE NO LIABILITY AND SHALL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL CANADIANHOTELS.CA OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH: (1) YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS, REVIEWS, OR OTHER COMMENTS APPEARING ON THIS WEBSITE; (2) ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR (3) OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CANADIANHOTELS.CA OR ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, CanadianHotels.ca or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then CanadianHotels.ca or its respective suppliers' liability, as the case may be, will in no event exceed, in the aggregate, the greater of: (i) the service fees you paid to CanadianHotels.ca in connection with the applicable transaction(s) on this Website; or (ii) One-Hundred Dollars (CDN$100.00).
These limitations of liability reflect the allocation of risk between the parties, and shall survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. These limitations of liability inure to the benefit of CanadianHotels.ca and its respective suppliers.
YOU AGREE TO DEFEND AND INDEMNIFY CANADIANHOTELS.CA AND ITS RESPECTIVE SUPPLIERS AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES, BROUGHT BY THIRD PARTIES AS A RESULT OF: (I) YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS REFERENCED HEREIN; (II) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; OR (III) YOUR USE OF THIS WEBSITE.
Links To Third Party Sites
This Website may contain hyperlinks to websites operated by parties other than CanadianHotels.ca. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites or their operators. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Any software that is made available for download from this Website ("Software") is the copyrighted work of CanadianHotels.ca or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with this Agreement and for no other purpose.
All Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by CanadianHotels.ca or our respective suppliers and service providers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but CanadianHotels.ca and our respective suppliers and service providers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Copyright And Trademark Notices
All contents of this Website are copyrighted ©2008 CanadianHotels.ca, all rights reserved. CanadianHotels.ca, is not responsible for content on websites operated by parties other than CanadianHotels.ca. All trademarks, logos, and branding elements on the Website are trademarks or registered trademarks in Canada and/or other countries of CanadianHotels.ca or its suppliers.
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of courts in the Province of Ontario, in all disputes arising out of or relating to this Agreement or the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and CanadianHotels.ca with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and CanadianHotels.ca with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Modification/Termination Of Usage
CanadianHotels.ca reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, including any service or product available through the Website, and/or your profile, password, or use of the Website, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, CanadianHotels.ca shall not be liable to you or any third-party for any termination of your access to this Website.