FLAIR VACATIONS LP Terms and Conditions of Sale

These Terms and Conditions of Sale (the “Terms” or this “Agreement”) govern the sale of all vacation packages offered by Flair Vacations LP, doing business as Flair Vacations (“Flair Vacations”, “we”, “us”, or “our”).

By making a booking with Flair Vacations, you (the “Customer”) agree to these terms and conditions (the “Terms”) on your own behalf and on behalf of every other customer included in your booking (each a “Traveller”). As the Customer and party arranging the purchase of a vacation package you are responsible to communicate these Terms to each Traveller and to ensure that each Traveller accepts and abides by these Terms.

Vacation Packages

Vacation packages (hereinafter “Package” or “Packages”) involve any booking made through Flair Vacations, which includes roundtrip flights in Economy class from the selected departure city to the selected destination, roundtrip airport/hotel transfers in destination, the selected accommodation for the period, the services of destination representative and, where applicable, other service offerings related to the Package (the “Services”). Anything not expressly included in the booking confirmation is not part of the Package.

Understanding Who Provides What

Packages consist of Services provided by persons other than Flair Vacations, and each component of the Services shall, in addition to these Terms, also be subject to the specific terms and conditions of the applicable provider.

Flair Vacations acts as a tour operator. It sells and organizes the Packages, including accommodation, airport and ground transfers, destination representative and in some cases other services, together with the packaging of the flight. It also coordinates the provision of the Services on behalf of the Customer and Travellers.

The “Service Provider”: Airlines, Hotels, Shuttles, and other Providers Each part of a Package is supplied by and performed by the applicable “Service Provider”, which may be an airline, a hotelier, or any other third-party supplier.

The portion of a Package provided by each Service Provider is governed by the terms, conditions, policies, and/or tariffs as are published or required by that Service Provider.

For air travel, the applicable terms and conditions include the airline’s tariff, associated terms and conditions, and the regulatory obligations it must follow. Service Providers offering air travel (the “Carrier”) operate the flight under their own tariff (conditions of carriage). The Carrier (not Flair Vacations) is responsible directly to you for the flight including schedule changes, delays, cancellations, baggage, and any required standards of treatment, rebooking, refunds and compensation required by regulations such as the Air Passenger Protection Regulations (“APPR”). Any additional charges, not selected as part of the original booking of your Package, such as extra baggage, or in-flight food and beverages, shall be arranged directly between the Travellers and the Carrier.

For hotel accommodation, hoteliers are responsible for hotel room assignment in accordance with the category reserved by the Customer. The hotel’s terms and conditions will govern matters such as to check-in and check-out times, room features, size and decor, and extra services. Flair Vacations shall ensure that the accommodation provided is substantially the same based on the category selected at the time of booking but otherwise has no responsibility with respect to the hotel room and associated conditions, such as its location, features, decor, furnishings or type of bed therein, which may vary according to its location on the hotel premises. Any extra charges not selected as part of the original booking of the Package, including hotel services such as spa treatments or tours shall be arranged and paid for directly between the Traveller and the hotelier.

Whenever meals and/or drinks are included in a Package, Travellers are typically eligible for said services from the time of check-in until the time of checkout, but in all cases are required to familiarize themselves with and accept the applicable terms and conditions of the Service Provider.

Each Service Provider’s own conditions will apply, and any terms of the Service Provider (including their own limits to liability) apply to the Customer and to each Traveller.

Customer Responsibilities
By making a booking, the Customer accepts these Terms on behalf of all Travellers booked and represents and warrants that the Customer has the authority to do so. The Customer is responsible for payment of the Package in full and is responsible for ensuring that each Traveller is aware of, and complies with, these Terms, the rules of the Carrier and those of each Service Provider.

The Customer is responsible for providing, and keeping current, accurate contact information for the Customer and for each Traveller, including where applicable, name, contact information, passport information or other information requested.

Flair Vacations may rely on the Customer to relay notifications to all Travellers. Flair Vacations is not responsible for any consequence of inaccurate or out-of-date contact information, or of the Customer’s failure to relay information or communication to any Traveller.

Both the Customer and any Traveller(s) remain responsible for the acts and omissions of the other under these Terms, and any consequence of that individual’s action, conduct (including misconduct), and/or any failure to abide by requirements of the Services (for example, making full payment by the date due). In regard to a Service Provider, those rights of the Customer or Traveller(s) are set out in the Service Provider’s own terms or under applicable law, separate and apart from those applicable to Flair Vacations.

Medical Conditions and Travel Insurance: Disclosure and Arrangement
The Customer and each Traveller are responsible, at the time of booking, for disclosing any medical condition, disability, reduced mobility or special need that may affect travel or require assistance, and for arranging appropriate travel, medical, cancellation and interruption insurance.

Flair Vacations strongly recommends that every Traveller obtain comprehensive travel and medical insurance. Some Services are non-refundable and may be recoverable only through insurance.

Service Provider Rules (Customer and Traveller Responsibilities)
The Customer and each Traveller are subject to, and must comply with, the rules of the applicable Carrier and any other Service Provider(s), including rules on baggage, check-in and boarding times, valid travel documentation, conduct, and security or other obligations that may arise (visit www.flairairlines.com (opens in a new tab) for such rules and details). It is the onus of the Customer and each Traveller to review and comply with those rules. Flair Vacations is not responsible for refused transportation or any other consequence arising from a failure by the Customer or a Traveller to comply with the rules, requirements, and terms and conditions of a Carrier or other Service Provider.

Customer and any Traveller are fully and entirely responsible for reviewing the conditions of carriage of the Carrier and the entry and exit requirements of any foreign country as to the necessary and valid travel documentation, visas, permits, or vaccinations.

Prices
Prices for the Services displayed on www.flairvacations.com (opens in a new tab) website are set based upon the prices of suppliers, exchange rates, fuel costs, taxes and other fees, and upon completion of a booking shall be as set forth in the booking.

The Flair Vacations website is updated several times a day and prices displayed are likely to change according to these updates. The price to any booking is the price in effect at the time of booking and is confirmed to the Customer before their final acceptance.

Descriptions for Services are subject to availability and may change before a booking is confirmed.

Unless otherwise indicated, all prices are quoted in Canadian dollars (CAD), and include the applicable retail provincial sales tax, the federal goods and services tax or harmonized sales tax (HST), governmental and airport fees and duties, local airport taxes at destination, tourist card fees and administration fees. Some local taxes and facility fees are not included.

Any price reductions resulting from a promotion or a decision by Flair Vacations are applicable to new bookings only (they do not apply retroactively and/or to other bookings unless expressly authorized). Flair Vacations also reserves its right to refuse and refund any booking made at an erroneous price.

The price of Services does not include insurance, Customer’s personal expenses, tips, telecommunications costs or any other additional services or activities that are not specifically described.

Deposit and Terms of Payment, and Failure to Pay on Time
Any booking made 46 days or more prior to departure must be accompanied by a deposit. All bookings must be fully paid for 45 days or more prior to the departure date. Unless otherwise specified by Flair Vacations, final payment must be made no later than 45 days prior to departure. See the “Deposit, Change and Cancellation Fees” table at the end of these Terms.

Final payment dates may vary for peak season, holiday periods, and promotional fares, and will be communicated to the Customer at the time of booking.

By providing a credit card number, the Customer undertakes to respect these Terms and authorizes, as the case may be, the payment and the purchase of Services. Once a credit card number has been provided to Flair Vacations to guarantee a booking with an applicable deposit, the Customer is responsible for the subsequent payment of any remaining balance. If a deposit is paid and the Customer subsequently fails to pay the balance of the Booking, the booking will be cancelled and the deposit will be forfeited.

Electronic tickets and other travel records will be issued only upon full payment for the Services has been received. It is the responsibility of the Customer to ensure that the information shown on all travel documentation is accurate and in accordance with the booking.

Carrier’s Air Travel Disruption Obligations
As the foregoing described, any flight is provided by the Carrier under its tariff and associated terms, rules and regulatory obligations. Flair Vacations includes the flight as part of the Package but does not operate it.

Where these Terms describe a flight, they describe only Flair Vacations’ role as tour operator; the Customer’s and Travellers’ rights in respect of the flight itself are governed by the APPR and the Carrier’s tariff and are exercised against the Carrier.

Compensation and recourse for anything relating to the flight, including delay, cancellation, schedule change, denied boarding and baggage, are those provided by the APPR and the operating Carrier’s tariff (and, for international carriage, any applicable international convention).

The Carrier’s tariff will be provided or made available to the Customer as part of the booking confirmation, and the Customer and any Traveller(s) are responsible to familiarize themselves with and comply with the terms that govern the flight.

Disruptions Not Affecting Accommodation
Where a flight disruption is resolved within the same calendar day and does not result in the loss of a pre-paid hotel night or other pre-paid Service, the Traveller shall not be entitled to recourse or compensation. Any recourse or compensation for the flight itself is under the APPR and the Carrier’s tariff, against the Carrier.

Disruptions Affecting Accommodation and Other Pre-paid Services
Where a flight disruption causes the loss of one or more hotel nights or other pre-paid Services, Flair Vacations will use reasonable efforts to re-arrange or re-perform the affected Services or will compensate Travellers for foregone Services, subject to and as set out under the limitation of liability sections below, ordinarily being a replacement or reimbursement (for higher class services), and/or a travel credit for its value as the case may be. Flair Vacations may, in its discretion, provide travel credits instead of a refund for any such disruption.

Changes to Travel Services
If certain pre-paid Services are no longer available prior to the Customer’s departure or after arrival at destination, Flair Vacations reserves the right to replace them with comparable Services, or alternatively, to cancel them for a refund (ordinarily, in the form of a travel credit). If the replacement Services are of lesser value, Flair Vacation’s liability shall be limited to the sole difference in cost.

The Customer will be entitled to refuse such replacement Services if they occur prior to departure. In this case and further in the event of any cancellation, Flair Vacation’s liability shall be limited to the reimbursement of the amount disbursed by the Customer for said Services.

Under all circumstances, to the maximum extent under applicable law, Flair Vacations’ liability is limited to the price of the applicable Package.

Itineraries and times on www.flairvacations.com (opens in a new tab) are for reference only and are subject to change. Itineraries, accommodations or means of transportation are subject to change without notice.

Changes to the Booking
In certain circumstances, Flair Vacations or the Service Provider will allow Customers to make changes to their booking. If such change is not permitted or the Customer chooses not to travel or use the Services purchased, the applicable cancellation fees for the Services will apply. Please consult the “Deposit, Change and Cancellation Fees” table at the end of these Terms.

Refunds
Refunds are ordinarily issued as travel credits. A refund to the original method of payment is made only where required by applicable law (including the APPR or other applicable consumer-protection legislation) or where Flair Vacations expressly agrees.

Customer agrees that entitlement to a refund or travel credit is conditional on:

• the Customer having paid the Package in full;

• the affected Service not having been used for a reason not attributable to the Customer and/or Traveller;

• the Customer submitting a request within 30 days of the Service disruption; and

• the Customer and Travellers having complied with this Agreement and the relevant Service Provider’s conditions.

Privacy and Consent
The Customer consents, on the Customer’s own behalf and on behalf of each Traveller, to the collection, use and disclosure of personal information as described in the Flair Vacations Privacy Policy, for the purpose of booking, coordinating and delivering the Services.

Personal information will be shared with Service Providers (including Carriers, hotels, transfer and excursion operators, and insurers) as necessary to deliver the Services. Each Service Provider handles personal information under its own privacy policy, for which Flair Vacations is not responsible.

Limitation of Liability
Because Flair Vacations arranges rather than performs the Services, any recourse or compensation that Flair Vacations provides in respect of a Service may be conditional on the compensation that Flair Vacations is able to obtain from the relevant Service Provider (based on the Service Provider’s terms and conditions), except where applicable law requires otherwise.

For instance, liability relating to the flight is limited to the remedies available under the APPR and the operating Carrier’s tariff (and, as applicable, any international convention). Those remedies are the responsibility of the Carrier, not of Flair Vacations.

Flair Vacations is not liable for any indirect, incidental, special or consequential loss, or for loss of enjoyment, lost opportunity or lost profit, arising out of or in connection with a Package. To the maximum extent permitted by law, Flair Vacations’ total liability in connection with a Package will not exceed the total price paid for that Package and may be satisfied by the issuance of a travel credit.

The Customer, on behalf of itself and each Traveller hereby agrees that Flair Vacations shall not be liable or responsible in any respect for any personal injury, death or damage to property arising from the Services supplied by the Service Providers. Flair Vacations expressly disclaims any responsibility for personal injury, death or damage to property arising out of the acts, omissions or negligence of any air carrier, shuttle services, hotelier, restauranteur, or other provider of the Services.

Force Majeure
Flair Vacations shall not be liable for failure to provide services due to “Force Majeure” events including but not limited to, natural disasters (fires, floods, earthquakes, hurricanes); pandemics, epidemics and other public health emergencies; government travel advisories, labour strikes; wars, embargoes, insurrections, riots and/or violent acts (including riots, hijackings, terrorist attacks); accidents to or malfunctions of aircraft, or any loss or hijacking of aircraft.

Name Changes and Traveller Substitutions
A name change or the substitution of a Traveller is permitted to the extent that the applicable Carrier and each affected Service Provider permit it, and further subject to Flair Vacations’ rules, deadlines and fees. Some fares and Services do not permit any name change or substitution.

The Customer is responsible for any Flair Vacations or Service Provider fee and any difference in fare or price resulting from a name change or substitution. The Customer is responsible to review and abide by these terms.

Requests must be made to Flair Vacations as early as possible and within any deadline set by the relevant Service Provider. A request is not effective until confirmed by Flair Vacations.

Deposit, Change and Cancellation Fees
The table below summarizes Flair Vacations’ standard refund and modification policies, the various changes permitted and the change and/or cancellation fees payable per person (plus tax) with respect to the Services booked. Certain bookings such as during peak seasons may be subject to different cancellation or change rules, which will be communicated at the time of booking and shall take precedence over the table below. These fees may be expressed in dollars ($) or as a percentage (%) of the total cost of the Services. Fees apply to each change requested by the Customer and are cumulative and non- refundable.

Notes to Table:
* These changes are subject to the prior approval of the Service Provider and the Customer must pay any price difference for the Services between the date of the booking and the date of the change (excluding any applicable promotion) in addition to the applicable change fees (no reimbursement will be provided if the price of the Services is lower further to such change). Generally, changes to date, destination, hotel or room category will result in a cancellation and a new booking (space permitting).

1. One change of name or Traveller is allowed per booking

2. Changes to room occupancy will result in a new booking, subject to availability. The price at the time of the change will apply to all occupants of the room. Any cancellation requested will be subject to a cancellation. The addition of an occupant will be subject to the daily rate. In either case, room occupants will be subject to the new rate as follows: (A) if the new rate is lower, the occupants remaining on file will receive a refund of the difference less the applicable change fee. (B) if the rate is higher the occupants will be required to pay the difference and the change fee will be waived

Prices, taxes and currency
All prices are in Canadian dollars and, unless otherwise stated, include applicable taxes and mandatory fees as required by law. Certain local taxes and fees payable at destination may not be included and will be identified where known.

Governing law
This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.

Amendments
Flair Vacations may amend these Terms from time to time. The Terms in effect at the time of the Customer’s booking govern that booking.

Language
These Terms are available in French. Le présent document est disponible en français.

Entire agreement; severability
This Agreement, together with the booking confirmation and the Flair Vacations Privacy Policy, and other applicable terms presented on www.flairvacations.com (opens in a new tab), is the entire agreement between the Customer, any Travellers, and Flair Vacations for the Package. If any provision is found unenforceable, the remaining provisions continue in effect.

Flair Vacations LP

Alberta: 6543-1000 Airport Road, Edmonton International Airport, AB, T9E 0V3

Ontario: 6303 Airport Road, Suite 200, Mississauga, ON, L4V 1R8

British Columbia: 602 #504, West Hastings, Vancouver, BC, V6P 1P2

Questions about these Terms may be directed to through Contact Us available at www.flairvacations.com (opens in a new tab).