PLEASE READ THE FOLLOWING CAREFULLY.
This document sets out those terms and conditions (the “Agreement”) under which Harbour Air (“we”, “us”, “our”) allow you (“you”, “your”) to use our website (“Website”).
If you are visiting our Website as a Visitor (see below for definitions), your use of the Website confirms that you agree to this Agreement. To access other services or parts of the Website, you may have to confirm that you have read, accepted and agreed to this Agreement by clicking on “Accept” or you will not be able to view or use those portions of the Website.
1. Definitions: Many of the words and phrases in this Agreement have specific meanings so we have provided those for you to read:
a) Who are you? Who you are makes a difference in how this Agreement affects you. You may visit or use the Website in different roles at different times as follows:
Visitor – a Visitor is anyone who visits the publicly available parts of our Website but who is not asked to create a profile. Visitors can access information from the Website’s publicly available areas without telling us anything about themselves, but by using the Website Visitors still accept the terms and conditions of this Agreement. Visitors cannot access areas of the Website requiring a password, cannot book travel services, and cannot access the Data.
General Member – A General Member is an individual traveling with Harbour Air, obtaining travel services from or through Harbour Air or any other entity, whether in connection with travel services from or through Harbour Air or otherwise. “General Members” include individuals who book flights for themselves or family, friends and co-workers and also includes the individuals with respect to whom a General Member makes travel arrangements. A General Member may access the Website as a Visitor on a different occasion without logging in.
Account Manager – Includes any person who is accessing the Website to view Data or other information about themselves or another individual on whose behalf they are authorized to act, such other information including travel itineraries, as well as rewards and points available through applicable programs, such as Harbour Air’s High Flyer Rewards Plan.
Agent – An Agent is any person who books commisionable travel services on behalf of another individual. You are an Agent if you fit within any of the following:
1. You are a licensed travel agent (unless you are an agent booking your own arrangements, in which case you are a General Member); or
2. You are, or are an employee, officer, director, contractor or agent of, an organization, corporation or other entity with which Harbour Air has entered into an agreement in order to allow such organization access to the Agent Website in order to carry out its own booking and arrangement of travel services; or
3. You are a hotel concierge approved by Harbour Air
b) Other Terms to Know:
1. “act on behalf of”, or similar words, means to enter into contracts or agreements in the name of or on behalf of a General Member, which must be with their knowledge, consent and authority (unless they are a minor and you are their parent or guardian and have the legal right to do so on their behalf), and includes making travel arrangements or bookings, contracting for the supply of wares or services and supplying personal information of a General Member or other individual in connection with doing so.
2. The “Data” means any and all records, documents, data and information related to travel arrangements and bookings for General Members, including without limitation information with respect to all travel arrangements, itineraries and schedules, contact persons, holders of credit cards, dates and times of flight arrival, airlines and flight numbers, arrival and departure dates and times, hotel, lodging, accommodation bookings and schedules, Personal Information related to General Member and persons accompanying General Members, bookings on other carriers, including airlines, buslines, limousines, chauffeurs, tour operators and similar service providers, rental car bookings, and related matters.
3. “Personal Information” means all information about a General Member, about you, or about any other identifiable individual, including, without limitation, name, date of birth, age, gender, travel arrangements, financial information, credit card and billing information, health information, allergies, food preferences, seating preferences, height, weight, and any and all other information related to or that can be connected with an identifiable individual.
3. Your Warranty and Representations to Harbour Air: You warrant and represent to Harbour Air as follows:
a) Except where you are making your own travel arrangements, or where you act on behalf of a minor and are that minor’s guardian or parent, you have the full and complete authority and consent of the General Member to enter, upload, download, edit, modify, add to and delete from the Data with respect to the General Member, including their Personal Information;
c) By accessing the Website and/or adding to, deleting or modifying Data with respect to any General Member, you are not breaching any contract, duty or law or infringing anyone’s intellectual property, privacy or other legal rights; and,
d) You are aware of the contents of this Agreement and agree to follow its terms and conditions.
4. Compliance with Rules and Regulations: You agree to follow all the rules and regulations set by Harbour Air from time to time. Those rules and regulations are currently as set out in this Agreement, as well as in all applicable tariffs filed by Harbour Air. These rules and regulations will apply to use of any kind of the Website and access to the Data and will apply to you whether you are an Agent or a General Member, or, as applicable, a Visitor.
5. Your Agreement: You agree that at all times:
a) Your access to this Website is for your use for the stated purposes in this Agreement only. You will not allow or provide access to this Website to any unauthorized person or any person under the full age of majority in your jurisdiction, unless such access is continuously supervised by you;
b) If you are a bona fide Agent or Account Manager, as defined in this Agreement, your access to this Website is permitted solely for the purposes of carrying out your role as an Agent or Account Manager, and any access or use other than as permitted to an Agent or Account Manager is prohibited. You are permitted to access this Website and download copies of content from this Website for use within your own organization only to the extent reasonably required to fulfill your obligations to the other individual or individuals for whom you are booking travel services;
c) If you are a bona fide Visitor or a General Member, you are permitted to access this Website and download copies of content from this Website for non-commercial and personal use only;
d) You will not copy, distribute, or disclose the Data or Personal Information with respect to any General Member without their consent, or post it online or otherwise make it public or available to any unauthorized persons;
e) You will not divulge any user name, password or other account information provided to you to anyone else;
f) To the best of your knowledge, any Personal Information given by you to Harbour Air is true, complete and accurate and is given with the knowledge and consent of the individual General Member or other person concerned; and,
g) Any and all content, information and data of any kind displayed on, contained in, or accessible through this Website, including but not limited to the Data in Harbour Airs databases (collectively, the “Content”), is subject to copyright and other intellectual property rights of Harbour Air or its licensors, all rights reserved. Any access to this Website, and any downloading, copying, distribution, dissemination or other use or possession whatsoever of the Content, other than as expressly permitted in this Agreement, is prohibited. Any commercial use or copying of any of the Content other than for the purposes of considering Harbour Air as your provider of travel services or booking travel services for specific individuals as a bona fide Agent or Travel Agent is contrary to this Agreement and not permitted. Without limitation, engaging in data mining, data processing, “screen scraping”, or the use or application of any automated script, macro, program, application, software, “bot” or similar technical device to extract, process, copy, distribute, data mine, aggregate, collate, cross-reference or manipulate the Content, or any information or data contained in, displayed on, or accessible or available in any manner from or through this Website is strictly prohibited, provided however that bots, spiders or similar programs used by bona fide search engines to index the initial home pages in English and French of this Website for search purposes available to the general public via ordinary web browser applications are permitted to carry out their bona fide indexing functions on a limited and reasonable basis.
6. Withdrawal of Access for Cause: This agreement grants no rights, only privileges and permission. You agree that Harbour Air, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you as an individual under this Agreement may be revoked, suspended or terminated by Harbour Air at any time without notice.
7. Waiver: You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as nasty human activity. While Harbour Air will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall Harbour Air be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence of Harbour Air.
8. Disclaimer: HARBOUR AIR DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN “AS IS, WHERE IS”, AND “AS AND WHEN AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, HARBOUR AIR DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. HARBOUR AIR MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. HARBOUR AIR FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE.
9. Limitation of Damages: You further agree that IN NO EVENT WILL HARBOUR AIR BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of this Website, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, OR FROM DEFAMATION, LIBEL OR SLANDER, or any other damages whatsoever, whether or not Harbour Air shall have been advised of the possibility of such damages. THE TOTAL LIABILITY OF HARBOUR AIR shall in all cases be limited to a MAXIMUM of the SUM OF ONE THOUSAND DOLLARS ($1000.00) IN CANADIAN CURRENCY.
10. Further Disclaimer of Harbour Air: While Harbour Air will make reasonable commercial efforts to make the Data available on a reasonable basis, Harbour Air accepts no obligation to do so on any pre-agreed basis or at all. Harbour Air may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, Harbour Air shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. Harbour Air has no control over such third parties and no event will Harbour Air be liable for any reliance by you on the Data.
11. Evidence: Computer records stored in reasonably secure conditions by Harbour Air with respect to the Data, the Website and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the Data and the Website. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.
12. Injunctive and Similar Relief: You agree that any breach by you of this Agreement will not be fully compensable in damages and you therefore agree that Harbour Air shall be entitled to immediate equitable, injunctive and other similar relief against you without notice and without the necessity of proving damages or the likelihood of damages.
13. Indemnity: You agree to indemnify and save harmless Harbour Air for any damages sustained should you breach your warranties and representations or any term or condition of this Agreement.
14. Grant of Limited License: Harbour Air grants to you a non-exclusive, limited and revocable license to download and view the Data and other content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.
15. Non-Assignment by You: You may not assign this Agreement. It is and shall remain personal to you.
16. Termination: Harbour Air may terminate this Agreement at any time with or without notice to you and may act unreasonably in so doing, in its absolute discretion. You may not terminate this Agreement, which shall remain in force, with such provision, without limitation, to apply pursuant to any agreement between Harbour Air and, if you are an Agent, any organization you are employed with or on whose behalf you access the Data. However, you may advise Harbour Air that you wish your access account rendered inactive and we will do so.
17. Entire Agreement: Subject to any other applicable agreements to which Harbour Air may be a party, this is the entire agreement, contract and understanding between you and Harbour Air.
18. Other Sites: You agree that Harbour Air has no control over the content or performance of any website linked to or from this Website, that Harbour Air expresses no opinion concerning the content or performance of any such website, and that Harbour Air shall in no event be held liable or responsible for the content of any such website.
19. Governing Law: This Agreement shall in all respects be governed by the laws of the Province of British Columbia, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts of British Columbia. You expressly submit to and attorn to the exclusive jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Harbour Air from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Agreement.
20. Severance and Enurement: Should any portion or portions of this Agreement be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Agreement, and the remaining portions of the Agreement shall be enforced. This Agreement shall enure to the benefit of the heirs, executors, administrators and permitted assigns of you and Harbour Air, including its subsidiaries and affiliates.
21. Copyright and Trademark Notices: All contents of the Harbour Air website are: Copyright © Harbour Air Ltd. *Harbour Air ® is a registered trademark of Harbour Air Ltd. Other trade-marks of third parties on the website are the property of such parties, used with permission. All rights are expressly reserved.