Terms and Conditions

Terms and Conditions for Award Travel

THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT INSTALL, USE, ACCESS OR RETAIN ANY COPIES OF THE APPLICATION OR THE SERVICE.

Definitions

Awarding Canada” means Awarding Canada Inc.

Award bookings” means consulting services provided by Awarding Canada.

Customer” means the individual(s) who contract for Awarding Canada’s services.

Data base” means the list of names, addresses and telephone numbers of Customers held by Awarding Canada in the form of, but not limited to, computer files, paper files, and files on computer hard-drives.

Express consent” means consent evidenced by the Customer signing forms and/or other documents containing personal information, authorizing Awarding Canada to collect, use, and disclose the Customer’s personal information for the purposes set out in the forms and/or other documents.

File” means the information collected in the course of processing a Customer’s request, as well as information collected/updated to maintain /service the account.

Implied Consent” means that Awarding Canada may assume that the Customer consents to the information being used, retained and disclosed for the original purposes for which it was provided to Awarding Canada.

Open-Jaw Ticket” means an airline ticket where the destination and/or the origin are not the same.

Personal information” means any information about an identifiable individual Customer. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, Social Insurance Number, date of birth, marital status, education, assets, liabilities, payment records, credit records, loan records, income, and information relating to financial transactions.

Regular Award Booking” means any award booking that is not a Round-the-World booking.

Round-the-World-Booking” means any award trip that contains three or more periods of over 24-hours in different locations, or two periods of over 24-hours in different locations in addition to an Open-Jaw Ticket.

Rush Service” means an escalated provision of services by Awarding Canada.

Third Party” means a person or company that provides services to Awarding Canada in support of the programs, benefits, and other services offered by Awarding Canada, such as other persons with whom the individual or Customer does business.

1. THE CUSTOMER UNDERTAKES TO REVIEW THE AWARD BOOKING ITINERARY FOR ANY MISTAKES OR OMISSIONS WITHIN 24 HOURS OF RECEIVING THE AWARD ITINERARY. IF THE CUSTOMER IS BOOKED TO THE WRONG DESTINATION, WRONG DATE, INCORRECT SPELLING OF NAMES, GENDERS, TITLES, CLASS OF SERVICE, OR ANY OTHER ERRORS OCCUR WITH THE ITINERARY, THE CUSTOMER UNDERTAKES TO CONTACT AWARDING CANADA REGARDING THOSE ERRORS WITHIN 24 HOURS OF RECEIVING THE AWARD ITINERARY. ON PROVIDING EVIDENCE OF AWARDING CANADA’S ERROR WITHIN 24 HOURS OF THE CUSTOMER RECEIVING THE AWARD ITINERARY, AWARDING CANADA MAY PAY FOR, UP TO THE MAXIMUM OF $125.00 CAD, ANY CHANGE FEES THAT MAY BE NEEDED TO FIX THE ERROR. THIS REMEDY IS ONLY AVAILABLE IF, IN THE OPINION OF AWARDING CANADA, BASED ON THE EVIDENCE PRESENTED, THAT THERE WAS INDEED AN ERROR MADE BY AWARDING CANADA. IF THE CUSTOMER’S TIME OF DEPARTURE IS WITHIN 48 HOURS OF MAKING THE BOOKING, THE CUSTOMER UNDERTAKES TO REVIEW THE ITINERARY WITHIN 2 HOURS OF RECEIVING THE AWARD ITINERARY, AND INFORM AWARDING CANADA OF ANY ERRORS WITHIN 4 HOURS. IF THE CUSTOMER DOES NOT INFORM AWARDING CANADA OF ANY ERRORS WITHIN 4 HOURS, AWARDING CANADA WILL NOT CORRECT THOSE ERRORS. IN NO INSTANCE WILL AWARDING CANADA BE LIABLE FOR ANY LOSS INCURRED AS A RESULT OF ITS ERRORS OR OMISSIONS, REGARDLESS OF WHETHER AND WHEN THE CUSTOMER INFORMS AWARDING CANADA OF THEM. IF THE CUSTOMER DOES NOT ADVISE AWARDING CANADA OF THE ERROR WITHIN 24 HOURS OF RECEIVING THE ITINERARY, THE CUSTOMER AGREES THAT AWARDING CANADA WILL NOT PAY FOR ANY CHANGES OR AMEND THE ITINERARY FOR FREE.

2. THE CUSTOMER AGREES TO WAIVE ANY AND ALL LIABILITY THAT AWARDING CANADA MIGHT HAVE. THE CUSTOMER FURTHER AGREE NOT TO HOLD AWARDING CANADA LIABLE FOR ANY NEGLIGENT CONDUCT.

3. THE CUSTOMER AGREES THAT AWARDING CANADA WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES), WHETHER INCURRED BY ERROR OR OTHERWISE, FOR ANY REASON, TRIP DELAY OR CANCELLATION, OR ANY OTHER LOSS INCURRED AS A RESULT OF USING AWARDING CANADA’S SERVICES.

4. Any delay or failure in the performance by Awarding Canada shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, weather, explosions, riots, wars, nuclear events/disasters, natural disasters, hurricanes, sabotage, terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labour strikes, flight cancellations, schedule changes, technical errors, government issued danger/safety advisories/warnings, mechanical problems and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Agreement.

5. Once a booking has been made Awarding Canada assumes no responsibility or liability whatsoever for performance by the airline of its responsibilities under the ticket/booking, including, without limitation, any loss incurred by the Customer because of subsequent flight changes or cancellations.

6. Despite the limitations expressed in Clause(s) 2 and/or 3 in no event is Awarding Canada’s liability for any damages on any basis, in contract, tort, or otherwise, of any kind and nature whatsoever, arising in respect of this Agreement, howsoever caused, including damages of any kind and nature caused by Awarding Canada’s negligence [including gross negligence], or by a fundamental breach of contract or any other breach of duty whatsoever, to exceed the amount of money paid to Awarding Canada by the Customer. For the purposes of this agreement the monetary value of Aeroplan mile/point is valued at $0.0001 CAD per Aeroplan mile/point, all other miles/points are valued at $0.00001 CAD per mile/point. The Customer acknowledges that Awarding Canada has set its fees under this Agreement in reliance on the limitations and exclusions of liability set forth in this Agreement and such reliance forms an essential basis of this Agreement.

7. THE CUSTOMER IS SOLELY RESPONSIBLE FOR HAVING APPROPRIATE ENTRY DOCUMENTS FOR ANY OF THEIR DESTINATIONS OR TRANSIT POINTS, AND MAKING THEMSELVES INFORMED OF THOSE ENTRY REQUIREMENTS. AWARDING CANADA WILL NOT PROVIDE WARNING OR ADVICE REGARDING VISA, ENTRY, OR OTHER DOCUMENT REQUIREMENTS.

8. Awarding Canada charges a $25.00 CAD non-refundable initial fee. This fee is collected when the Customer of Awarding Canada makes an initial request. This fee is non-refundable even if no award inventory is found, if the client does not have sufficient points for an award ticket, or for any other reason. This fee will be deducted from the total invoice if the initial request proceeds to a final award itinerary. This fee will only be refunded in the extraordinary situation that Awarding Canada is unable to respond to an initial request within 48 hours, or rejects the Customer’s initial request under Clause 20.

9. AWARDING CANADA IS NOT A LICENSED TRAVEL AGENCY. AWARDING CANADA DOES NOT PROVIDE TRAVEL AGENCY SERVICES, NOR IS THE CUSTOMER PROTECTED BY ANY INSURANCE OR WARRANTIES THAT CUSTOMERS OF TRAVEL AGENTS ARE PROVIDED WITH. THE CUSTOMER EXPRESSLY ACKNOWLEDGE AND AGREES THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS ENTIRELY WITH THE CLIENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY.

10. Awarding Canada ceases to owe the Customer any obligations under this agreement after any award booking has been made.

11. All payments are to be made in Canadian Dollars (CAD).

12. The Customer agrees to pay Awarding Canada the following fees for services rendered: a. $125.00 CAD per person for the first two passengers for a Regular Award Booking b. $75.00 CAD per person for every passenger after the second passenger for a Regular Award Booking. c. $200.00 CAD per passenger for Round-the-World Bookings. d. $50.00 CAD per person for any changes to a previously booked award booking and the Customer is exclusively responsible for providing all necessary documentation to enact any changes to their booking, including but not limited to the Customer’s obligations under Clause 1 of this Agreement. Awarding Canada reserves the right to charge a change as a new booking if the requested change is substantial.

13. If any dispute or controversy shall occur between the parties hereto relating to the interpretation or implementation of any of the provisions of this Agreement, such dispute shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in the absence of agreement, such arbitrator shall be appointed by a Judge of the Ontario Superior Court of Justice upon the application of any of the said parties and a Judge of the said Court shall be entitled to act as such arbitrator, if he/she so desires. Any such arbitration shall be held in the City of Ottawa, Ontario. The language of the arbitration shall be English. The procedure to be followed shall be agreed by the parties or, in the absence of agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver their award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). It is further agreed that such arbitration shall be a condition precedent to the commencement of any action at law. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in a court having jurisdiction. The costs of the arbitrator shall be paid equally by the parties to the dispute, unless otherwise ordered by the arbitrator. All information disclosed by a party to an arbitrator shall be treated as confidential and neither the delivery nor disclosure of information shall represent any waiver of privilege by a party disclosing the same. Each party agrees not to disclose information provided by the other party for the purposes hereof to any other party for any other purpose, except as may be required by applicable laws, provided that notice in any case be first given to the other party before such disclosure is made. Such information shall not be used in any subsequent proceedings, except between the parties, without the consent of the party who has made disclosure of the same. The parties agree that any arbitrator appointed hereunder shall not be subpoenaed or otherwise compelled as a witness in any proceedings for any purpose whatsoever in relation to this Agreement. Additionally, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding any conflict of laws principles or rules embodied therein that would permit or require the application of the laws of another jurisdiction. Each of the Parties agrees that it shall submit and attorn to the jurisdiction of the courts of the Province of Ontario in respect to all disputes, proceedings or other matters relating to this Agreement.

14. By engaging Awarding Canada’s services, the Customer agrees that he or she is engaging Awarding Canada as an independent contractor, and not an employee or agent. In no way do Awarding Canada’s services create a joint venture or partnership with the Customer.

15. The Customer agrees to communicate in a timely fashion to all of Awarding Canada’s communications. Award bookings are time sensitive, and the Customer’s lack of communication will authorize Awarding Canada to immediately cancel this agreement if the Customer does not reply within 48 hours of Awarding Canada’s communications. This means that a Customer is responsible to reply to any email that Awarding Canada sends them within 48 hours, or their request will expire. The $25.00 CAD initial fee will not be refunded.

16. Awarding Canada’s fees become non-refundable the moment Awarding Canada has contacted the airline or frequent flyer program to book the Customer’s award (with an exception outlined in Clause 18 of this agreement). The Customer acknowledges the opportunity for a refund within 12 hours of receiving the detailed itinerary after payment if the Customer is unhappy with the itinerary, less the $25.00 CAD initial fee, unless Awarding Canada has contacted the airline or frequent flyer program to book the Customer’s award (in which case, Awarding Canada’s fees are non-refundable even before the 12 hour period has elapsed). After the 12 hours have elapsed, Awarding Canada’s fees become non-refundable.

17. The Customer acknowledges that the airline or frequent flyer program may change an award itinerary at any time. Awarding Canada will not provide free services if there is an airline initiated itinerary change. The Customer may wish to pay Awarding Canada’s change fee to amend the itinerary. THE CUSTOMER IS RESPONSIBLE FOR MONITORING ANY CHANGES TO THEIR ITINERARY. AWARDING CANADA DOES NOT MONITOR CHANGES OR INFORM THE CUSTOMER OF THEM. FURTHER, THE CUSTOMER IS RESPONSIBLE TO ENSURE THAT THE RESERVATION IS PROPERLY TICKETED, AND THE CUSTOMER WILL NOT HOLD AWARDING CANADA RESPONSIBLE FOR ANY IRREGULARITIES THAT MAY OCCUR AFTER THE AWARD BOOKING HAS BEEN MADE.

18. The Customer acknowledges that airline award inventory can change quickly. Although the Customer may have paid Awarding Canada’s fees for a specific itinerary, due to the changing nature of award inventory, that booking may be unavailable. The customer acknowledges that the only remedy in this situation is a refund, less the $25.00 CAD initial fee. This remedy is not available if the attempt of booking the award occurred 12 hours or more after the initial detailed itinerary was sent to the Customer.

19. All award bookings will incur taxes and fees imposed by the frequent flyer program and/or the airline. The Customer is solely responsible for the payment of those taxes and fees.

20. Awarding Canada retains the right to reject the Customer’s initial request, and to terminate this agreement at any time for any reason.

21. Awarding Canada may amend, alter, and/or change this agreement from time to time, and a copy of each proposed amendment, alteration and or change will be made available by announcing such changes to each Customers by written communication.

22. If the Customer pays for a “Rush Service,” and Awarding Canada fails to meet the “Rush Service” guarantee, the Customer will only be eligible for a refund of fees paid for the “Rush Service.” The $25.00 CAD initial fee will not be refunded.

23. If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement

Privacy Policy

24. This privacy policy has been developed to comply with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). PIPEDA sets out rules for the collection, use and disclosure of personal information in the course of commercial activity as defined in the Act. The ten principles of PIPEDA that form the basis of this Privacy Policy are:

i. Accountability: organizations are accountable for the personal information they collect, use, retain, and disclose in the course of their commercial activities, including, but not limited to, the appointment of a Chief Privacy Officer.

ii. Identifying Purposes: organizations are to explain the purposes for which the information is being used at the time of collection and can only be used for those purposes.

iii. Consent: organizations must obtain an Individual’s express or implied consent when they collect, use, or disclose the individual’s personal information.

iv. Limiting Collection: the collection of personal information must be limited to only the amount and type that is reasonably necessary for the identified purposes.

v. Limiting Use, Disclosure and Retention: personal information must be used for only the identified purposes, and must not be disclosed to third parties unless the Individual consents to the alternative use or disclosure.

vi. Accuracy: organizations are required to keep personal information in active files accurate and up-to-date.

vii. Safeguards: organizations are to use physical, organizational, and technological safeguards to protect personal information from unauthorized access or disclosure.

viii. Openness: organizations must inform their clients and train their employees about their privacy policies and procedures.

ix. Individual Access: an individual has a right to access personal information held by an organization and to challenge its accuracy if need be.

x. Provide Recourse: organizations are to inform clients and employees of how to bring a request for access, or complaint, to the Chief Privacy Officer, and respond promptly to a request or complaint by the individual.

Awarding Canada will use personal information without the individual’s consent, where exceptions have been permitted under PIPEDA.

Specifics Elements of this Policy Include:

a. Personal information: Personal information (“Information”) includes but is not limited to user names, passwords, dates of birth, contact information, usage statistics, banking information, information such as the Customer’s device ID, the Customer’s location and stores near and visited by the Customer may be collected.

b. Use of Information: Awarding Canada may use Information about the Customer to improve Awarding Canada’s operations, target products or services of interest to the Customer and for other purposes described in this Privacy Policy or disclosed to the Customer on our Terms of Use. These include, but are not limited to:

(I) Process and manage the Customer’s purchase and use of products or services, including the Customer’s accounts and program participation.

(II) Create personalized promotions by combining the Customer’s personal information with non-personal information about the Customer, such as the amounts and types of purchases the Customer makes or any benefits the Customer receives through Awarding Canada’s programs.

c. Sharing with Third Parties: Awarding Canada shares its Customer’s Personal Information in limited ways and only ever shares Personal Information about its Customers with others with the Customer’s express consent. All payments are processed by Stripe Payments Canada, Ltd., all communications sent through any form located on the Awarding Canada website are processed by Cognito LLC, other communications are processed by Vortex Web Solutions LLC. In the event of a merger, acquisition, financing, or sale of assets or other transfer assets, we may disclose personal information to those involved in the negotiation or transfer.

d. Security of Personal Information: Awarding Canada takes reasonable steps to maintain appropriate physical, technical, and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of personal information (collected by email or any other means) and as such, are not liable to the Customer for damages resulting from unauthorized access of Personal Information as long as reasonable precautions have been met as per section b)of this Privacy Policy.

e. Use by Children: Awarding Canada is not designed nor intended to collect Personal Information from children under the age of 13. Children under the age of 13 should not provide any Personal Information to Awarding Canada. We ask that parents supervise their children if they use Awarding Canada’s services.

f. Updates to this Policy: Awarding Canada may update this privacy policy from time to time a copy of which will be made available to the Customer at a reasonable time.

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