Terms and Conditions of Sale, Website Conditions of Use
Terms used in this Agreement
The terms "we", "us", "our" and "SD" refer to Selected Destinations Inc., a Canadian corporation and/or our subsidiaries
and corporate affiliates. 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.
Purpose of this Website
This Website is provided solely to assist you to gather travel information, determine the availability of travel-related goods
and services, make legitimate reservations or otherwise transacting business with travel suppliers, and for no other
purposes.
This Website is offered to you conditional 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 this Agreement. To the extent you book any travel-related products or services on this Website through call
center agents, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If
you do not accept all of these terms and conditions, please do not use this Website.
It is your responsibility 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 represent and warrant that (i) you are at least 18 years of age; (ii) you
possess the legal authority to create a binding legal obligation in your jurisdiction; (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; (v) you will inform such other persons about the terms and conditions
that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi)
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 limited 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, software, 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 or any reservation in anticipation of demand;
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
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you
select. Please read these additional 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 products or services.
You acknowledge that some suppliers 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 debiting your account for any
costs we incur as a result of such violation.
PRIVACY POLICY
Please review our current Privacy Policy, which also governs your use of this Website, to understand our practices.
PRICES
You acknowledge that the authorities in certain countries may impose certain additional taxes (tourist tax, etc), which have
to be paid locally. You are exclusively responsible for paying such additional taxes.
You acknowledge that, except as provided below with respect to tax obligations on our services in the Province of Quebec,
we do not collect taxes for remittance to applicable taxing authorities. The suppliers invoice us, including, where
appropriate, tax amounts. The suppliers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery
charges which we charge you on prepaid transactions represent the estimated taxes (e.g. sales and use, occupancy,
excise tax, value added tax, etc) that we pay to the supplier for taxes due on the rental. They do not represent a collection
of taxes from you for us to remit to the applicable tax authorities. The actual tax amounts paid by us 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
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.
SD does not act as co-vendor with the supplier with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location.
PREPAID RESERVATIONS
You authorize SD to book reservations for the total reservation price, which includes the rate displayed on the Website,
plus tax recovery charges, service fees and where applicable, taxes on our services. Should you fail to remit full any
portion of the payment your reservation will be cancelled and the applicable cancellation fee will be charged.
You may cancel or change your prepaid reservation as indicated in the rules and restrictions for the reservation. You
agree to abide by the terms and conditions imposed with respect to your prepaid reservations.
TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without incident, travel to certain
destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings,
announcements and advisories issued by their government prior to booking travel, particularly when travelling to
international destinations.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT
TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT
MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Governments may require you to obtain all required travel documents, such as a passport and visa (where applicable), to
enter in or transit through each country on your itinerary. It is your responsibility to ensure that you have obtained all
required travel documents. The SD Affiliate is not responsible for your failure to obtain all required travel documents or
your inability to travel to your booking destination. In the event of such a failure, you will be charged the full reservation
price or the cancellation fee indicated in the rules and restrictions for the reservation.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE
INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, SD AND ITS SUBSIDIARIES AND
CORPORATE AFFILIATES (THE "SD GROUP COMPANIES") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED
WEBSITE PARTNERS THROUGH WHO PROMOTE THE TRAVEL PRODUCTS AND SERVICES (COLLECTIVELY, THE "SD
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, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR
ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER
YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL
YOUR RESERVATION WITHOUT PENALTY.
THE SD GROUP COMPANIES, THE SD AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE SD GROUP COMPANIES, THE SD AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, 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 THE SD GROUP COMPANIES OR THE SD AFFILIATES. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SD
GROUP COMPANIES, THE SD AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND
CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE SD GROUP COMPANIES, THE SD
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SD GROUP COMPANIES, THE SD AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS
AND NOT AGENTS OR EMPLOYEES OF THE SD GROUP COMPANIES OR THE SD AFFILIATES AND THE SD GROUP
COMPANIES AND THE SD 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. THE SD GROUP COMPANIES
AND THE SD 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. THE SD AFFILIATES ASSUMES NO LIABILITY FOR THE QUALITY OF THE
WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY SERVICE PROVIDERS.
IN NO EVENT SHALL THE SD GROUP COMPANIES, THE SD AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR 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,
SOFTWARE, 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 THE SD GROUP COMPANIES,
THE SD AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN ADDITION TO THE BELOW, THE SD AFFILIATES SHALL NOT BE LIABLE FOR AND CUSTOMER SHALL INDEMNIFY,
DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY
WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE OR THE MISUSE OF THE PRODUCTS AND
SERVICES PROVIDED HEREIN.
If, despite the limitation above, the SD Group Companies, the SD Affiliates or their 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 the
liability of the SD Group Companies, the SD Affiliates and/or their respective suppliers will in no event exceed, in the
aggregate, the greater of (a) the service fees you paid to SD or the SD Group Companies in connection with such
transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
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 the SD Group Companies, the SD Affiliates, and/or their
respective suppliers.
INDEMNIFICATION
In addition to the above, You agree to defend and indemnify the IAN Group Companies, the IAN Affiliates, and/or their
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 the SD Group Companies. 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 for you to take precautions to ensure that whatever links
you select or software you download (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.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of the SD Group
Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license
agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use
any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement
terms. For any Software made available for download on this Website not accompanied by a License Agreement, we
hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise
using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website,
is owned by the SD Group Companies, and/or our respective suppliers, and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY CONVERTER
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. You are advised to check the
date on the currency converter feature for the day that currency was last updated. The information supplied by this
application is believed to be accurate, the SD Group Companies, and/or our respective suppliers do not warrant or
guarantee such accuracy. 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.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2011 Selected Destinations Inc. All rights reserved. Selected Destinations Inc. is not
responsible for content on websites operated by parties other than Selected Destinations Inc. Other logos and product and
company names mentioned herein may be the trademarks of their respective owners.
GENERAL
This Website is operated by a Canadian entity and this Agreement is governed by the laws of the Province of Quebec,
Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Montreal, Quebec, 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 any of the SD Group
Companies 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 twelve (12) months 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 deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this
Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you
and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between you and us 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.
Revised August 01, 2011
©2011 Selected Destinations Inc. All rights reserved.
SelectedDestinations.com Terms and Conditions