Terms and Conditions for Award Travel

Note: This service is provided by Awarding Canada Inc. under an affiliate agreement with ESR Media and Miles to Memories. The Miles to Memories Award Booking Service is not owned by ESR Media or Miles to Memories.


THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT INSTALL, USE, ACCESS OR RETAIN ANY COPIES OF THE APPLICATION OR THE SERVICE.

Definitions

“Award bookings” means consulting services provided by Awarding Canada Inc.

“Customer” means the individual(s) who contract for Awarding Canada Inc. services.

“Data base” means the list of names, addresses and telephone numbers of Customers held by Awarding Canada Inc. in the form of, but not limited to, computer files, paper files, and files on computer hard-drives.

“Express consent” means consent evidenced by the Customer signing forms and/or other documents containing personal information, authorizing Awarding Canada Inc. to collect, use, and disclose the Customer’s personal information for the purposes set out in the forms and/or other documents.

“File” means the information collected in the course of processing a Customer’s request, as well as information collected/updated to maintain /service the account.

“Implied Consent” means that Awarding Canada Inc. may assume that the Customer consents to the information being used, retained and disclosed for the original purposes for which it was provided to Awarding Canada Inc..

“Open-Jaw Ticket” means an airline ticket where the destination and/or the origin are not the same.

“Personal information” means any information about an identifiable individual Customer. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, date of birth, marital status, education, assets, liabilities, payment records, credit records, loan records, income, and information relating to financial transactions.

“Regular Award Booking” means any award booking that is not a Round-the-World booking.

“Round-the-World-Booking” means any award trip that contains three or more periods of over 24-hours in different locations, or two periods of over 24-hours in different locations in addition to an Open-Jaw Ticket.

“Third Party” means a person or company that provides services to Awarding Canada Inc. in support of the programs, benefits, and other services offered by Awarding Canada Inc., such as other persons with whom the individual or Customer does business.

1. THE CUSTOMER UNDERTAKES TO REVIEW THE AWARD BOOKING ITINERARY FOR ANY MISTAKES OR OMISSIONS WITHIN 24 HOURS OF RECEIVING THE AWARD ITINERARY. IF THE CUSTOMER IS BOOKED TO THE WRONG DESTINATION, WRONG DATE, INCORRECT SPELLING OF NAMES, GENDERS, TITLES, CLASS OF SERVICE, OR ANY OTHER ERRORS OCCUR WITH THE ITINERARY, THE CUSTOMER UNDERTAKES TO CONTACT AWARDING CANADA INC. REGARDING THOSE ERRORS WITHIN 24 HOURS OF RECEIVING THE AWARD ITINERARY. ON PROVIDING EVIDENCE OF AWARDING CANADA INC.’S ERROR WITHIN 24 HOURS OF THE CUSTOMER RECEIVING THE AWARD ITINERARY, AWARDING CANADA INC. MAY PAY FOR, UP TO THE MAXIMUM OF $200 USD, ANY CHANGE FEES THAT MAY BE NEEDED TO FIX THE ERROR. THIS REMEDY IS ONLY AVAILABLE IF, IN THE OPINION OF AWARDING CANADA INC., BASED ON THE EVIDENCE PRESENTED, THAT THERE WAS INDEED AN ERROR MADE BY AWARDING CANADA INC.. IF THE CUSTOMER’S TIME OF DEPARTURE IS WITHIN 48 HOURS OF MAKING THE BOOKING, THE CUSTOMER UNDERTAKES TO REVIEW THE ITINERARY WITHIN 2 HOURS OF RECEIVING THE AWARD ITINERARY, AND INFORM AWARDING CANADA INC. OF ANY ERRORS WITHIN 4 HOURS. IF THE CUSTOMER DOES NOT INFORM AWARDING CANADA INC. OF ANY ERRORS WITHIN 4 HOURS, AWARDING CANADA INC. WILL NOT CORRECT THOSE ERRORS. IN NO INSTANCE WILL AWARDING CANADA INC. BE LIABLE FOR ANY LOSS INCURRED AS A RESULT OF ITS ERRORS OR OMISSIONS, REGARDLESS OF WHETHER AND WHEN THE CUSTOMER INFORMS AWARDING CANADA INC. OF THEM. IF THE CUSTOMER DOES NOT ADVISE AWARDING CANADA INC. OF THE ERROR WITHIN 24 HOURS OF RECEIVING THE ITINERARY, THE CUSTOMER AGREES THAT AWARDING CANADA INC. WILL NOT PAY FOR ANY CHANGES OR AMEND THE ITINERARY FOR FREE.

2. THE CUSTOMER AGREES TO WAIVE ANY AND ALL LIABILITY THAT AWARDING CANADA INC. MIGHT HAVE. THE CUSTOMER FURTHER AGREE NOT TO HOLD AWARDING CANADA INC. LIABLE FOR ANY NEGLIGENT CONDUCT.

3. THE CUSTOMER AGREES THAT AWARDING CANADA INC. WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES), WHETHER INCURRED BY ERROR OR OTHERWISE, FOR ANY REASON, TRIP DELAY OR CANCELLATION, OR ANY OTHER LOSS INCURRED AS A RESULT OF USING AWARDING CANADA INC.

4. Any delay or failure in the performance by Awarding Canada Inc. shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, weather, explosions, riots, wars, nuclear events/disasters, natural disasters, hurricanes, sabotage, terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labour strikes, flight cancellations, schedule changes, technical errors, government issued danger/safety advisories/warnings, mechanical problems and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Agreement.

5. Once a booking has been made Awarding Canada Inc. assumes no responsibility or liability whatsoever for performance by the airline of its responsibilities under the ticket/booking, including, without limitation, any loss incurred by the Customer because of subsequent flight changes or cancellations.

6. Despite the limitations expressed in Clause(s) 2 and/or 3 in no event is Awarding Canada Inc.’s liability for any damages on any basis, in contract, tort, or otherwise, of any kind and nature whatsoever, arising in respect of this Agreement, howsoever caused, including damages of any kind and nature caused by Awarding Canada Inc.’s negligence [including gross negligence], or by a fundamental breach of contract or any other breach of duty whatsoever, to exceed the amount of money paid to Awarding Canada Inc. by the Customer. For the purposes of this agreement the monetary value of all miles and points (airline, hotel, credit card, or otherwise) is valued at $USD 0.001/point. The Customer acknowledges that Awarding Canada Inc. has set its fees under this Agreement in reliance on the limitations and exclusions of liability set forth in this Agreement and such reliance forms an essential basis of this Agreement.=

7. THE CUSTOMER IS SOLELY RESPONSIBLE FOR HAVING APPROPRIATE ENTRY DOCUMENTS FOR ANY OF THEIR DESTINATIONS OR TRANSIT POINTS, AND MAKING THEMSELVES INFORMED OF THOSE ENTRY REQUIREMENTS. AWARDING CANADA INC. WILL NOT PROVIDE WARNING OR ADVICE REGARDING VISA, ENTRY, OR OTHER DOCUMENT REQUIREMENTS.

8. AWARDING CANADA INC. IS NOT A LICENSED TRAVEL AGENCY. AWARDING CANADA INC. DOES NOT PROVIDE TRAVEL AGENCY SERVICES, NOR IS THE CUSTOMER PROTECTED BY ANY INSURANCE OR WARRANTIES THAT CUSTOMERS OF TRAVEL AGENTS ARE PROVIDED WITH. THE CUSTOMER EXPRESSLY ACKNOWLEDGE AND AGREES THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS ENTIRELY WITH THE CLIENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY.

9. Awarding Canada Inc. ceases to owe the Customer any obligations under this agreement after any award booking has been made.

10. All payments are to be made in United States Dollars (USD).

11. The Customer agrees to pay Awarding Canada Inc. the fees as established in the Schedule of Fees.

12. Awarding Canada Inc. offers a 24/7 emergency after-hours support line. Note that a response to this phone line IS NOT GUARANTEED and the customer has no recourse against Awarding Canada Inc. should an emergency occur and Awarding Canada Inc. does not respond to the after-hours support line. An emergency is defined as a client having travel within 24 hours and the ticket being invalid for travel. Should a client use the after-hours support line outside regular office hours (Monday – Friday, 6AM – 2PM Pacific Time) for a non-emergency, then Awarding Canada Inc. reserves the right to levy a surcharge for the call as established in the Schedule of Fees.

13. All flight bookings and some hotel bookings will incur taxes and fees imposed by the loyalty program and/or the airline. Awarding Canada Inc. will pay those taxes and fees using the Awarding Canada Inc.’s own credit card. Awarding Canada Inc. will then issue an invoice to the Customer for the totality of the charge made by the frequent flyer program and/or airline. If the charge made by the frequent flyer program or airline is charged in any currency other than United States Dollars, then the exchange rate found on https://usa.visa.com/support/consumer/travel-support/exchange-rate-calculator.html to United States Dollars will apply with a 0% Bank Fee. The Customer must pay this invoice separately from the Service Fee invoice on the same day the associated reservation is booked. If the Customer does not pay Awarding Canada Inc.’s reimbursement invoice in full on the same day the associated reservation is booked, Awarding Canada Inc. will cancel any airline tickets/hotel reservations booked in conjunction with the reimbursement invoice. If there are any fees charged to Awarding Canada Inc. in his effort to cancel the airline ticket(s), then the Customer agrees to reimburse those fees in full to Awarding Canada Inc.. In the event cancellation of an airline ticket(s) or hotel reservation(s) falls within a loyalty program or airline’s non-refundability period, then the Customer acknowledges and agrees that Awarding Canada Inc. will have no liability whatsoever for the loss of the flight or hotel reservation and to reimburse Awarding Canada Inc. for any costs it has incurred. The Customer may also elect to use his or her own credit card for the payment of associated taxes and fees but must advise Awarding Canada Inc. of that desire prior to booking the award travel.

14. If any dispute or controversy shall occur between the parties hereto relating to the interpretation or implementation of any of the provisions of this Agreement, such dispute shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in the absence of agreement, such arbitrator shall be appointed by a Judge of the Ontario Superior Court of Justice upon the application of any of the said parties and a Judge of the said Court shall be entitled to act as such arbitrator, if he/she so desires. Any such arbitration shall be held in the City of Ottawa, Ontario. The language of the arbitration shall be English. The procedure to be followed shall be agreed by the parties or, in the absence of agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver their award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). It is further agreed that such arbitration shall be a condition precedent to the commencement of any action at law. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in a court having jurisdiction. The costs of the arbitrator shall be paid equally by the parties to the dispute, unless otherwise ordered by the arbitrator. All information disclosed by a party to an arbitrator shall be treated as confidential and neither the delivery nor disclosure of information shall represent any waiver of privilege by a party disclosing the same. Each party agrees not to disclose information provided by the other party for the purposes hereof to any other party for any other purpose, except as may be required by applicable laws, provided that notice in any case be first given to the other party before such disclosure is made. Such information shall not be used in any subsequent proceedings, except between the parties, without the consent of the party who has made disclosure of the same. The parties agree that any arbitrator appointed hereunder shall not be subpoenaed or otherwise compelled as a witness in any proceedings for any purpose whatsoever in relation to this Agreement. Additionally, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding any conflict of laws principles or rules embodied therein that would permit or require the application of the laws of another jurisdiction. Each of the Parties agrees that it shall submit and attorn to the jurisdiction of the courts of the Province of Ontario in respect to all disputes, proceedings or other matters relating to this Agreement.

15. By engaging Awarding Canada Inc.’s services, the Customer agrees that he or she is engaging Awarding Canada Inc. as an independent contractor, and not an employee or agent. In no way do Awarding Canada Inc.’s services create a joint venture or partnership with the Customer.

16. Awarding Canada Inc.’s fees become non-refundable the moment Awarding Canada Inc. has contacted the airline or frequent flyer program to book the Customer’s award.

17. The Customer acknowledges that the airline or frequent flyer program may change an award itinerary at any time. Awarding Canada Inc. will not provide free services if there is an airline initiated itinerary change. The Customer may wish to pay Awarding Canada Inc.’s change fee to amend the itinerary. THE CUSTOMER IS RESPONSIBLE FOR MONITORING ANY CHANGES TO THEIR ITINERARY. AWARDING CANADA INC. DOES NOT MONITOR CHANGES OR INFORM THE CUSTOMER OF THEM. FURTHER, THE CUSTOMER IS RESPONSIBLE TO ENSURE THAT THE RESERVATION IS PROPERLY TICKETED, AND THE CUSTOMER WILL NOT HOLD AWARDING CANADA INC. RESPONSIBLE FOR ANY IRREGULARITIES THAT MAY OCCUR AFTER THE AWARD BOOKING HAS BEEN MADE.

18. The Customer acknowledges that airline award inventory can change quickly. Although the Customer may have paid Awarding Canada Inc.’s fees for a specific itinerary, due to the changing nature of award inventory, that booking may be unavailable. The customer acknowledges that the only remedy in this situation is a refund.

19. Awarding Canada Inc. retains the right to reject the Customer’s initial request, and to terminate this agreement at any time for any reason.

20. Awarding Canada Inc. may amend, alter, and/or change this agreement from time to time, and a copy of each proposed amendment, alteration and or change will be made available by announcing such changes to each Customers by written communication.

21. If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement

Privacy Policy

22. This privacy policy has been developed to comply with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). PIPEDA sets out rules for the collection, use and disclosure of personal information in the course of commercial activity as defined in the Act. The ten principles of PIPEDA that form the basis of this Privacy Policy are:

i. Accountability: organizations are accountable for the personal information they collect, use, retain, and disclose in the course of their commercial activities, including, but not limited to, the appointment of a Chief Privacy Officer.

ii. Identifying Purposes: organizations are to explain the purposes for which the information is being used at the time of collection and can only be used for those purposes.

iii. Consent: organizations must obtain an Individual’s express or implied consent when they collect, use, or disclose the individual’s personal information.

iv. Limiting Collection: the collection of personal information must be limited to only the amount and type that is reasonably necessary for the identified purposes.

v. Limiting Use, Disclosure and Retention: personal information must be used for only the identified purposes, and must not be disclosed to third parties unless the Individual consents to the alternative use or disclosure.

vi. Accuracy: organizations are required to keep personal information in active files accurate and up-to-date.

vii. Safeguards: organizations are to use physical, organizational, and technological safeguards to protect personal information from unauthorized access or disclosure.

viii. Openness: organizations must inform their clients and train their employees about their privacy policies and procedures.

ix. Individual Access: an individual has a right to access personal information held by an organization and to challenge its accuracy if need be.

x. Provide Recourse: organizations are to inform clients and employees of how to bring a request for access, or complaint, to the Chief Privacy Officer, and respond promptly to a request or complaint by the individual.

Awarding Canada Inc. will use personal information without the individual’s consent, where exceptions have been permitted under PIPEDA.

Specifics Elements of this Policy Include:

a. Personal information: Personal information (“Information”) includes but is not limited to user names, passwords, dates of birth, contact information, usage statistics, banking information, information such as the Customer’s device ID, the Customer’s location and stores near and visited by the Customer may be collected.

b. Use of Information: Awarding Canada Inc. may use Information about the Customer to improve Awarding Canada Inc.’s operations, target products or services of interest to the Customer and for other purposes described in this Privacy Policy or disclosed to the Customer on our Terms of Use. These include, but are not limited to:

(I) Process and manage the Customer’s purchase and use of products or services, including the Customer’s accounts and program participation.

(II) Create personalized promotions by combining the Customer’s personal information with non-personal information about the Customer, such as the amounts and types of purchases the Customer makes or any benefits the Customer receives through Awarding Canada Inc.’s programs.

c. Sharing with Third Parties: Awarding Canada Inc. shares its Customer’s Personal Information in limited ways and only ever shares Personal Information about its Customers with others with the Customer’s express consent. By using this service, the Customer agrees that personal information may be sent to service providers that is necessary to serve Award Bookings, including but not limited to, Personal Information to airlines, frequent flyer programs, credit card programs, merchant providers, and affiliates. In the event of a merger, acquisition, financing, or sale of assets or other transfer assets, we may disclose personal information to those involved in the negotiation or transfer.

d. Security of Personal Information: Awarding Canada Inc. takes reasonable steps to maintain appropriate physical, technical, and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of personal information (collected by email or any other means) and as such, are not liable to the Customer for damages resulting from unauthorized access of Personal Information as long as reasonable precautions have been met as per section b)of this Privacy Policy.

e. Use by Children: Awarding Canada Inc.is not designed nor intended to collect Personal Information from children under the age of 13. Children under the age of 13 should not provide any Personal Information to Awarding Canada Inc.. We ask that parents supervise their children if they use Awarding Canada Inc.’s services.

f. Updates to this Policy: Awarding Canada Inc. may update this privacy policy from time to time a copy of which will be made available to the Customer at a reasonable time.