AGREEMENT BETWEEN CUSTOMER AND EXCLUSIVELY CANADA LTD.
Welcome to the BCRivermania website (the "Website"). This Website is provided solely to assist customers in gathering travel information and making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. Exclusively Canada Ltd. (www.exclusivelycanada.travel) is retained under contracted agreement as the sole and exclusive reservation center for all travel supplier and travel packages involved with the 2008 BC Rivermania events. The terms "we", "us", "our" and "Exclusively Canada" refer to Exclusively Canada Ltd., a Canadian Corporation located in British Columbia, Canada. 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. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, and (v) all information supplied by you on this Website is true, accurate, current and complete. 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.
PROHIBITED ACTIVITIES
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 copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, 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;
(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) 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 may 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 of purchase 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 charging your credit card for any costs we incur as a result of such violation.
PRIVACY POLICY
Exclusively Canada believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of BCRivermanina.com, to understand our practices: Privacy Policy
PAYMENT POLICY
Full payment is due at the time of booking your reservation. Payment is required by credit card. We accept credit card payment by VISA, MasterCard, and American Express. Your reservation will be confirmed once we have received authorization from your credit card company to charge the agreed amount.
PRICES
Prices are in Canadian Dollars unless otherwise noted.
CONFIRMATION OF YOUR TRIP
A confirmation will be sent to you by email upon our receipt of payment authorization from your credit card company. All confirmations are subject to availability and may take up to 72 hours to confirm.
TRAVEL DOCUMENTATION
Once final payment has been received and the confirmation of your trip has been issued, you will be provided by email your final trip documentation, which will include a travel itinerary with confirmation numbers, travel instructions, and any applicable vouchers /tickets.
PREPAID RESERVATIONS
You acknowledge that Exclusively Canada pre-negotiates certain rates with travel suppliers to facilitate the booking of reservations on your behalf. The rates displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Exclusively Canada and the facilitation fee retained by Exclusively Canada to compensate us for our services. You authorize Exclusively Canada to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Exclusively Canada for the total reservation price. Upon submitting your reservation request you authorize Exclusively Canada to facilitate reservations on your behalf, including making payment arrangements with travel suppliers.
You acknowledge that Exclusively Canada does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Exclusively Canada pays to the supplier in connection with your reservations. The suppliers invoice Exclusively Canada for tax amounts. The suppliers remit applicable taxes to the applicable taxing jurisdictions. Exclusively Canada does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Exclusively Canada to the 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 supplier 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 reservation.
CANCELLATIONS
You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the reservation. In addition, if you do not cancel or change your reservation before the applicable cancellation policy, your reservation will be non-refundable.
click here for our cancellation policy
You agree to pay any cancellation or change fees that you incur. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.
RESPONSIBILITY
Exclusively Canada acts as an agent or and makes arrangements with travel suppliers and other independent organizations to provide travel services requested by our clients. Although great care is taken by Exclusively Canada in selecting travel suppliers, they are independent companies outside of the direct control of Exclusively Canada and therefore Exclusively Canada cannot be held responsible or liable for their acts of omissions. Specific travel services are subject to the terms and conditions imposed by these suppliers, and their liability may be limited by their tariffs, conditions of carriage and international conventions an agreements.
If after your travel commences the services in the tour cannot be supplied or there are any changes to the itinerary for reasons beyond the controls of Exclusively Canada, the specific supplier will endeavour to substitute comparable services or Exclusively Canada will provide a full refund. A full refund of monies shall constitute full settlement between Exclusively Canada and yourself.
In the unlikely event that you experience problems during your vacation please forward a written account of concerns to Exclusively Canada within 30 days of completion of the service(s) in question. Exclusively Canada cannot assist in resolving claims involving suppliers that are received later than 30 days. Exclusively Canada will make its best efforts to deal with the supplier(s) in question and will endeavour to reach a fair settlement for you from the supplier(s).
TRAVEL INSURANCES
Trip Cancellation and Medical Insurances are NOT provided as part of your reservation without your specific agreement to such insurances. We encourage you to not only purchase travel insurance, but to examine your options carefully. You can arrange these coverages independently or speak with a qualified travel insurance agent at Exclusively Canada about your options for protecting yourself while travelling.
LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, EXCLUSIVELY CANADA, AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "EXCLUSIVELY CANADA AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, EXCLUSIVELY CANADA 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, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. EXCLUSIVELY CANADA AND ITS RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. EXCLUSIVELY CANADA AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
EXCLUSIVELY CANADA AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, 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 EXCLUSIVELY CANADA OR ITS AFFILIATES. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCLUSIVELY CANADA AND ITS RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM EXCLUSIVELY CANADA, ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCLUSIVELY CANADA, ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF EXCLUSIVELY CANADA OR EXCLUSIVELY CANADA AFFILIATES. EXCLUSIVELY CANADA AND EXCLUSIVELY CANADA AFFILIATES ARE NOT 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. EXCLUSIVELY CANADA AND EXCLUSIVELY CANADA AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL EXCLUSIVELY CANADA, ITS AFFILIATES, AND/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, 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 APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR 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 EXCLUSIVELY CANADA, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Exclusively Canada, its Affiliates 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 Exclusively Canada, its Affiliates or its respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (CDN$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Exclusively Canada, its Affiliates and/or its respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify Exclusively Canada, its Affiliates and/or 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:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Exclusively Canada. 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. Further, it is up to you to take precautions to ensure that whatever links you select (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.
CURRENCY RATES
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. 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.
This Website is operated by a Canadian entity and this Agreement is governed by the laws of the Province of British Columbia, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and Exclusively Canada as a result of this Agreement or use of this Website.
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 Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Exclusively Canada with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Exclusively Canada 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.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SELLER OF TRAVEL
Exclusively Canada is a registered seller of travel in the Province of British Columbia, Canada.
You may be eligible for payment from the BPCPA if you have paid money to a seller of travel registered in British Columbia for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. Please click here for additional information http://www.bpcpa.ca
SERVICE HELP
For quick answers to your questions or ways to contact us. Or, you can write to us at:
Attn: Customer Service
Exclusively Canada Ltd.
229-998 Harbourside Drive
North Vancouver, BC
Canada V7P 3T2