Flair Vacations’ Website Terms of Use

Thank you for using Flair Vacations, the vacation-package service of Flair Vacations LP, a subsidiary of Flair Airlines Ltd. (“Flair”). These website terms and conditions (the “Agreement”) govern your use of the Flair Vacations website and related digital properties (the “website”), through which you can search for and book flights, accommodation, car rental, excursions, travel insurance, and related travel services.

Our Agreement With You

By using our website, you agree to this Agreement and a binding agreement is entered into between you and Flair. If you do not agree, please do not use the website. Flair reserves the right to change this Agreement at any time, as well as any products or services referenced on our website. Changes to the website may be made at our discretion and, subject to any applicable law, without notice or liability. It is your responsibility to review these terms and conditions each time you access the website. To access certain services or parts of the website, you may be required to confirm that you have read, accepted, and agreed to these terms and conditions, in effect at such time, by clicking “Accept.” By clicking “Accept”, the Agreement is binding on you in respect of such services or parts of the website. If you do not accept, you will not be able to view or use those portions of the website.

In Short

This Agreement grants you a limited licence to use the website, limits Flair’s liability, and explains the rules that apply to your use of the website. All personal information you submit is handled in accordance with the Flair Vacations Privacy Policy. You may not assign this Agreement; it remains personal to you.

Purpose for Access

You may use the website to obtain information about, and to search, consider, book, view, confirm, and manage, travel arrangements involving Flair Vacations for yourself or for others on whose behalf you are authorized to act. You may not use the website for any other purpose, including resale or other commercial use, except as expressly permitted by Flair.

A Flair Vacations booking may combine services provided by different suppliers, including air carriers (such as Flair Airlines), hotels, car-rental companies, excursion and tour operators, and insurers. As such the website may contain links to third-party websites. These links are provided for convenience and do not imply endorsement. Flair does not control and is not responsible for the content, accuracy, or privacy practices of third-party websites, and your use of them is at your own risk.

Representations & Warranties

By accessing or using our website, you represent and warrant that:

  • You are of the age of majority in your place of residence (typically at least 18 years of age) and have the legal capacity to enter into this Agreement;

  • For any person on whose behalf you are authorized to act, you have obtained all necessary authorizations and consents to provide their information and to make bookings on their behalf;

  • You accept full responsibility for all assessments, charges, duties, fees, taxes, and any other financial liability resulting from your use of our website, whether under your name or profile, under someone else’s name or profile, as well as all use by others using your name or profile on our website;

  • The information you submit is true, accurate, and current; and

  • You will not use any means of electronic transmission to change or obfuscate your digital identity while using the website, including proxies, DNS relay services, or virtual private networks (VPNs).

Limitations of Use

You may not access or use our website for any purpose that is deceptive, fraudulent, unlawful or prohibited by the terms contained herein. You may only use or access the website to determine the availability of and to purchase goods and services offered on our website. Use of our website for any other purpose, including any resale or other commercial use or purpose, is expressly prohibited. Without limiting the generality of the foregoing, you agree that, in using or accessing our website, you shall not commit, direct, consent to or otherwise participate in any of the following acts or actions, each of which is expressly prohibited under this Agreement:

  • Directly or indirectly, use or access, solicit, permit, encourage, facilitate, aid, assist, or abet, including, but not limited to, the selling, licensing, distribution, or provision to any person of any means that permit the use or access, or agree to provide the use or access, of our website through any manual process or any automatic, electronic, or technical device, including but not limited to automated robots, scripts, screen scrapers, crawlers, deep-links, web “bots,” indexes, click-spams, spiders, macro programs, or any other software, device, program, system, algorithm, methodology, or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation: “screen scrape”; “data mine”; process data; access, copy, extract, aggregate, distribute, or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of our website;

  • Unless expressly provided for within these terms, create derivative works from or otherwise copy, display, license, publish, recreate, perform, reproduce, sell, transmit, transfer, or otherwise distribute, edit, modify, add to, mirror, re-render, frame, inject, truncate, filter, or change the order of any products, services, information, and software contained or offered on, or obtainable by, through, or from our website. Without limiting the generality of the foregoing, you shall not cause to appear any pop-up, pop-under, expanding buttons, exit windows, banners, advertisements, or anything else that minimizes, covers, or otherwise inhibits the full display of our website;

  • Use or access our website in such a manner, or otherwise take any action, that taxes our infrastructure to a disproportionate and/or unreasonable extent, or reduces the speed of our website, or otherwise interferes with the normal functioning of our website or otherwise abuses or overuses our website;

  • Circumvent, or attempt to circumvent, any precautions and/or measures taken by Flair to prevent the use or access of our website, or any other action, in violation of this Agreement;

  • Access our website to make any fraudulent, speculative, or false reservation, or any reservation in anticipation of making a demand or initiating a false claim or request for compensation. Flair reserves the right to cancel any and all such prohibited reservations without notice and without liability; or

  • Engage in any other conduct or activity that either conflicts with this Agreement or that Flair deems, in its sole, unfettered, and absolute discretion, to be in conflict with this Agreement.

Nothing in this section, or in the representations and warranties regarding your original digital identity, prohibits or restricts the use of assistive or adaptive technologies by a person with a disability to access or use the website, and Flair will not treat the use of such technologies as a breach of this Agreement.

Your Privacy

Information you provide through the website is handled in accordance with the Flair Vacations Privacy Policy. Computer records of data input through the website, and information concerning the operation and content of the website, are stored in reasonably secure conditions and may be admitted as evidence of your dealings with the website.

Flair Vacations’ Site and booking management may be hosted and operated, in whole or in part, on Flair’s behalf by third-party travel technology providers (the “Third-Party Provider”). In such cases, Flair will contractually require the Third-Party Service Provider to maintain administrative, technical, physical, and security safeguards that are equivalent to those Flair applies, and to comply with applicable law, including privacy and accessibility law. Flair remains accountable for the website notwithstanding that it is operated by a third party on its behalf.

Liability Disclaimer

ANY OFFERS, PROMOTIONS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MATERIAL OR OTHER CONTENT FOUND OR OFFERED ON OR PROVIDED OR ACCESSIBLE THROUGH, DOWNLOADABLE FROM, LINKED TO OR OTHERWISE OBTAINABLE FROM THE WEBSITE (COLLECTIVELY, THE “WEBSITE CONTENT”) MAY CONTAIN ERRORS, MAY HAVE BECOME OUT OF DATE, AND MAY BE MODIFIED FROM TIME TO TIME BY FLAIR AND/OR ITS SUPPLIERS, PARTNERS, AGENTS, AND CONTRACTORS (THE “FLAIR PARTNERS”). NEITHER FLAIR, NOR ANY OF THE FLAIR PARTNERS MAKE OR HAVE MADE ANY COMMITMENT TO UPDATE THE WEBSITE CONTENT.

NEITHER FLAIR, NOR ANY OF THE FLAIR PARTNERS, WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ANY SERVER USED IN CONNECTION WITH THE WEBSITE IS OR WILL BE FREE OF ANY MALWARE, SPYWARE, VIRUS, WORM, TROJAN HORSE, BACKDOOR OR OTHER PROGRAM CODE OR PROGRAMMING INSTRUCTIONS DESIGNED TO DISRUPT, DISABLE, HARM, INTERFERE WITH OR OTHERWISE ADVERSELY AFFECT COMPUTER PROGRAMS, OPERATING SYSTEMS, DATA FILES OR OPERATION OR HARDWARE. YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FLAIR, THE WEBSITE CONTENT IS PROVIDED “AS IS” AND FLAIR HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

FLAIR MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE WEBSITE CONTENT.

IN NO EVENT SHALL FLAIR OR ANY OF THE FLAIR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE AND THE WEBSITE CONTENT OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, DELETION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS AND OTHER DAMAGE TO COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR DATA OR INFORMATION OR PROGRAMS, WHETHER SUCH DAMAGES OR INJURIES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR OTHERWISE, EVEN IF FLAIR OR THE FLAIR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF FLAIR SHALL, IN ALL CASES, BE LIMITED TO A MAXIMUM OF THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) IN CANADIAN CURRENCY.

Indemnity

As a condition of your use of the website, you agree to defend, indemnify, and hold harmless Flair from and against any claims, liabilities, damages, costs, and expenses arising out of or connected to your use of the website or your breach of this Agreement. This indemnity does not extend to claims to the extent they arise from Flair’s own negligence or wilful misconduct, or to the extent such an indemnity is unenforceable under applicable consumer-protection law.

The foregoing disclaimer, limitations and indemnity apply to your use of the website only. They do not apply to, and do not limit, the liability of any air carrier for the transportation of passengers and baggage (which is governed by the applicable conditions of carriage, tariff, the Air Passenger Protection Regulations, and, for international carriage, the Montreal Convention), or the liability of any other travel supplier under its own terms and applicable law. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for wilful misconduct, or any non-excludable consumer legal warranty. In addition, nothing in this section limits Flair’s obligation, or the obligation of the website operator on Flair’s behalf, to ensure that the website conforms to the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and to make information available in accessible formats on request.

Jurisdiction

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You submit to the jurisdiction of the courts of the Province of Alberta; however, nothing in this Agreement deprives a consumer of the benefit of any mandatory provision of the consumer-protection law of their place of residence, including, for a consumer who resides in Quebec. You agree not to bring a class action related to your use of the website, except where such a waiver is prohibited by applicable law, in which case it does not apply to you. This Agreement, together with the documents it incorporates by reference, is the entire agreement between you and Flair regarding the website. If any provision is held invalid, the remaining provisions continue in effect.

Documents Incorporated by Reference

The applicable air carrier’s conditions of carriage and tariff (including, where Flair Airlines provides the air-transportation component, its Reservation Terms and Conditions and tariff), together with the terms and conditions of the other travel suppliers involved in your booking, are incorporated into this Agreement by reference and govern the corresponding services. In the event of a conflict between this Agreement and an applicable tariff, the tariff governs.

Accessibility

Flair is committed to making the Flair Vacations website accessible. The website is designed to conform to the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, and information is available in accessible formats on request. Flair requires the website operator acting on its behalf to maintain these accessibility standards.

Language

This Agreement is available in French, and a French-language version is made available to Quebec residents in accordance with the Charter of the French Language.

Contact Us

If you have questions or feedback about these terms, please contact us through the Flair Vacations website.

Flair Airlines Ltd., 6543 – 1000 Airport Road, Edmonton International Airport, Leduc, Alberta, T9E 0V3.

Flair Vacations’ Website Terms of Use | Flair Vacations