| General Sales Conditions in
Canada
Use of this Web site is expressly conditioned
on your acceptance of the following terms and conditions. If you do not
agree with any part of the following terms and conditions, you must not
use this site.
OWNERSHIP
This site, and each of its modules, is the property of SkyLink Travel
and/or its various affiliated and third party providers and distributors.
Some of the content that is found on this site is owned by third party
providers and other leisure travel information providers. None of the
content or data that is found on this site may be reproduced, sold, transferred,
or modified without the express written permission of SkyLink Travel and/or
its third party providers and distributors.
USE OF SITE
You may only use this site to make legitimate inquiries or registration
and shall not use this site to make any speculative, false or fraudulent
statement in anticipation of collection information not generally available
to the travel trade.
RESPONSIBILITY
You represent that you are a bona fide Travel Agent and are authorized
to use this site and to create binding legal obligations for any liability
you may incur as a result of the use of this site. You understand that
you are legally responsible for all uses of this site by you and those
using your login information.
EXCLUSION OF WARRANTY
SkyLink Travel and third party providers and distributors do not warrant
the accuracy, merchantability, fitness or completeness for a particular
purpose of any of the content or data found in this site.
LIMITATION OF LIABILITY
In no event shall SkyLink Travel or third party distributors or providers
be liable for any injury, loss, claim, damage or any special, exemplary,
punitive, incidental or consequential damages of any kind (including but
not limited to lost profits or lost savings), whether based in contract,
tort or otherwise, which (a) arises out of or is in any way connected
with any use of this site or content found herein, (b) any failure or
delay (including but not limited to the use of or inability to use any
component of this site for reservations request, information inquiries
or any other content obtained through this site), or (c) the performance
or non performance of SkyLink Travel or third party distributors or providers,
even if such party has been advised of the possibility of such damages
by other party. Some provinces do not allow the exclusion of implied warranties
or the limitation or exclusion of liability for incidental and consequential
damages so, the above exclusion may not apply to you. If, notwithstanding
the foregoing, SkyLink Travel or any third party provider or distributor
should be found liable for any loss or damage which arises out of or is
in any way connected with any of the above described functions or uses
of this site or its content, SkyLink Travel and third party provider and
distributor's liability shall in no event exceed, in the aggregate, the
subscription fee and service charge for accessing this site with respect
to which liability is found. In its sole discretion, in addition to any
other rights or remedies available to SkyLink Travel and without any liability
whatsoever, SkyLink Travel at any time and without notice may terminate
or restrict your access to any component of this site. The foregoing terms
and conditions shall apply to both contract and negligence claims.
RESERVATIONS
Reservations are subject to space availability in the appropriate class,
at the time of booking.
ONLINE FARE RESERVATIONS, MISPRINTS,
AND PRODUCT AVAILABILITY
In the event that more than one set of conditions apply to the same trip
then the most restrictive conditions of both sets apply to the entire
journey.
While it is possible to make bookings electronically for some of the travel
services, the act of reserving a product electronically does not imply
a final confirmation nor commitment by SkyLink Travel Inc. to actually
deliver the product reserved at the prices indicated.
SkyLink, endeavours to provide current and accurate information on its
website, however any misprints or errors may occur. Accordingly SkyLink,
reserves the right to change the prices, fees, charges regarding the goods
and services available on its website at any time and from time to time
without any notice or liability to the user or any other person. Also,
SkyLink, cannot guarantee that goods and services advertised on the website
may be available when ordered or thereafter SkyLink reserves the right
at any time to reject, amend, cancel or terminate any order without prior
notification.
A final confirmation is only given by SkyLink once the company has issued
the airline tickets, a final invoice and delivered travel documents for
the product reserved. Terms and conditions of the confirmation and sale
will vary depending on the product reserved and are generally set out
in the company’s brochures, website or other notices issued from
time to time
GROUP BOOKINGS
All group reservations may be requested by phone or by sending an email.
Group bookings may not be booked electronically. Definition of a group
may be subject to terms and conditions determined by each individual airline.
PAYMENTS
Accepted form of payment is agency check, major credit cards and ITSS.
Full payments are required immediately once booking is completed.
CREDIT CARD BOOKINGS
Your authorization to use your client's Credit Card number indicates your
acceptance of our booking terms and conditions, whether or not your clients
have actually signed the appropriate draft. The credit card used must
belong to one of the passengers in the reservation.
Third party Credit Cards will absolutely not be accepted.
If the airline does not accept payment by credit card, however the client
wishes to use a credit card our merchant services can be used for a fee
determined at the time of booking.
By purchasing travel services electronically, the agency agrees that all
payments by credit cards are the responsibility of the travel agent. All
precautions including signed UCCF forms must be retained by the agency
to protect them in the event of a chargeback from credit card companies.
SkyLink Travel Inc. will not be responsible for payment of any chargebacks.
TICKETS
Tickets will be issued in accordance with fare rules established by the
airlines. Ticketing deadline will override any options offered on the
booking.
IMPLEMENTATION OF SAME DAY
VOID
BSP has announced that effective Monday, November 22, 2004, only same
day voiding will be permitted. This means tickets that require voiding
for error correction must be voided prior to the close of business on
the same day the tickets were issued as per SkyLink’s hours of operation.
Once payment is applied all cancellation and change penalties as per the
airline will be in effect.
CANCELLATION & REFUNDS
All requests for refunds must be made in writing to SkyLink Travel (See
office addresses page). All cancellations are subject to an administrative
charge plus any applicable airline cancellation charges. All original
documents along with the refund notice and commission recall must be sent
to SkyLink. To enable refunds in a timely manner SkyLink Accounting will
send a fax notification requesting for a commission recall. Failing which
no documents may be processed.
PRICES
All prices quoted are in Canadian or USA funds, depending on the gateway
and are subject to change without notice.
FLIGHT TIMES
Schedules are subject to change without notice. It is therefore the responsibility
of passengers to reconfirm flight times as instructed. The Operator assumes
no responsibility to the passenger for any loss, delay, or other inconveniences
incurred in connection with any flights. All passengers must reconfirm
the minimum check in time at the airport with the airline prior to departure.
TAXES AND SURCHARGES
Airport and other departure taxes, as well as Canadian/US transportation
taxes and surcharges are not included in the cost of all travel services
and are subject to change at any time.
RELATIONSHIP
The relationship between SkyLink Travel and you will be that of independent
contractors, and neither of us nor any of our respective officers, agents
or employees will be held or construed to be partners, joint ventures,
fiduciaries, employees or agents of the other. Further terms and conditions
may apply in cases where a bilateral contract is in place between SkyLink
Travel and the user.
GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the
province of Ontario, Canada or the State of New York depending on the
gateway used. You consent and submit to the exclusive jurisdiction of
the courts located in Toronto, Ontario or New York, NY in all questions
and controversies arising out of your use of the site and this Agreement.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties
or obligations hereunder.
MODIFICATION
SkyLink Travel may at any time modify these terms and conditions and your
continued use of this site will be conditioned upon the terms and conditions
in force at the time of your use.
ADDITIONAL TERMS
Additional terms and conditions may apply to information gathering, reservations,
related services and other uses of portions of this site, and you agree
to abide by such other terms and conditions.
SEVERABILITY
These terms and conditions shall be deemed severable. In the event that
any provision 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.
HEADINGS
The heading used in these Terms and Conditions are included for convenience
only and will not limit or otherwise affect these Terms and Conditions.
ENTIRE AGREEMENT
These terms and conditions contain the entire agreement between us relating
to the subject matter hereof, and supersede any prior understandings or
agreements (whether oral or written) regarding the subject matter, and
may not be amended or modified except in writing. Bilateral contracts
in existence between SkyLink Travel and the user of this site shall be
added to the terms and conditions herein and may supersede some of the
specific terms and conditions stated above for the use of this site.
ACCEPTANCE
The acceptance of tickets and or vouchers shall be deemed to be consent
to the above conditions.
REWARDS AND INCENTIVES
SkyLink is not liable for any taxes on all rewards, prizes and, vouchers
and incentives.
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