Terms of use of the Air Transat sites

Welcome and thank you for using our website, mobile application or social media pages and accounts (collectively, the “Sites”"), property of Transat Tours Canada Inc., operating namely as Air Transat and Transat (“TTC”). The Sites allow you to access information on the various travel services offered by TTC.  You will find hereafter the terms and conditions of use of these Sites (the “Terms of Use”), which constitute a contract between you and TTC regarding access to and use of these Sites. Please read the Terms of Use carefully before using them.

By installing, downloading, browsing or using these Sites, you agree to be bound by these Terms and Conditions of Use. If you do not wish to accept the Terms of Use, please stop using the Sites. 

TTC reserves the right to terminate the Terms of Use and/or your right to use these Sites, at any time, without cause and without prior notice, at its sole discretion.  TTC also reserves the right to seek all remedies available at law, as needed, in case of a breach of the Terms of Use of these Sites by a user.

The Terms of Use may be amended at any time by TTC at its sole discretion, without prior notice. 

For the purposes of use of these Sites, you warrant and represent that: i) you are at least eighteen (18) years of age and you will supervise any minor or any third party who uses your computer, mobile phone or any other electronic device and/or your name or your account to access the Sites; ii) you have the legal capacity to enter into a contract and you will meet the financial obligations related to the purchase of travel services on the Sites; iii) you will use the Sites in accordance with the Terms of Use; iv) you will use the Sites only to purchase travel services for yourself or for third parties who have duly authorized you for these purposes; v) all the information provided to TTC through the Sites regarding you and any third party, including any personal information, is true, accurate and complete and you have the authority or you have obtained the third party’s consent to enter, edit, add and delete such information on the Sites. 

Copyright

All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites, including the presentation of the Content and the Customer Content (defined below) (collectively the “Content”), are protected by Canadian and foreign laws, including copyright laws, and belong to TTC, its affiliates or its licensors. TTC grants you a non-exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use, and to make one copy, for backup or hard copy purposes, on condition that you do not alter their Contents and that you retain the copyright notices.

The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.

The use of software, applications, computer programs, automated scripts, macros, spiders or other “screen scraping” software, robots, “bot” or any other technical means or device to copy, extract, aggregate, store, distribute or manipulate the Content on the Sites in order to engage in data mining or processing, “screen scraping” or in order to reproduce and/or display the Content on the Sites on any other website or online service without TTC’s prior written approval is prohibited.

All the software integrated into or included on the Sites, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well.  Such software belongs to TTC, its affiliates or its licensors.

You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.

You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites.

Registration on the Sites

Some parts of the Sites require registration.  If you opt to register for this part of the Sites, you undertake to provide true and up-to-date information regarding yourself, as required by the registration process, and to update this information promptly to ensure that it remains accurate and complete.  You acknowledge that you are responsible for (i) maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration; (ii) any activity carried on under your user name or under your password; and (iii) exiting your account at the end of each session.  Moreover, you undertake to notify TTC of any unauthorized use of your user name or your password. If you fail to comply with the obligations set out in this clause, TTC will not be liable for any resulting losses or damages. 

Customer Content

The Sites may offer you functions that allow you to submit messages, comments, data, texts, software, music, sounds, photographs, images, videos and other materials (“Customer Content”) to TTC and to interact with TTC, its employees and agents, and other users of the Sites. 

When you submit your Customer Content to TTC for posting on the Sites, you grant TTC an unrestricted, irrevocable, non-exclusive, perpetual and royalty-free worldwide license: (i) to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display your Customer Content for any purpose whatsoever; and (ii) a sublicense to third parties who have access to the Sites for the unlimited right to exercise one of the aforesaid rights. In addition to the granting of the above license, you hereby (i) agree to waive all moral rights to the Customer Content in favor of TTC; (ii) consent to your name, address and email appearing for your Customer Content, where applicable, and to the disclosure and/or display of such information; (iii) acknowledge and agree that TTC cannot be held liable for any loss, corruption or damage to your Customer Content; and (iv) acknowledge and agree that the Customer Content you provide for display on the Sites or that you submit to TTC will be considered non-confidential. Moreover, TTC will have the right, but not the obligation, to use, without any compensation, any idea, any concept, or any know-how revealed in the Customer Content, for any purpose whatsoever, including the development and marketing of new services.

By submitting your Customer Content to TTC, you represent and warrant to TTC that: (i) your Customer Content is original; (ii) the Customer Content does not infringe any intellectual property right; (iii) you are the sole holder of all the intellectual property rights to the Customer Content or, as the case may be, you have obtained the holder’s written permission to submit the Customer Content; (iv) the Customer Content does not contain any defamatory comment or any obscenity and does not violate a third party’s privacy or publicity rights.

Hyperlinks to Third-Party Sites

The Sites contain hyperlinks to third-party sites (the “Third-Party Sites”) which cause you to exit the Sites and which do not belong to TTC.  TTC provides these hyperlinks for your convenience.  The Third-Party Sites are not under TTC’s control and the hyperlinks shall not be interpreted as an approval or an endorsement of their Content by TTC.  TTC is not responsible for the content of the Third-Party Sites, the links contained thereon or the changes or updates thereto, and TTC offers no warranty in this regard.

Limitation of Liability

The Sites and their Content are provided “as is”.  You use the Sites at your own risk. TTC makes no representation or warranty regarding the Sites and their Content, including, without limitation, any warranties pertaining to (i) the merchantability or fitness for a particular purpose of the Content or the non-infringement of intellectual property rights; (ii) the safe, uninterrupted or error-free operation of the Sites; iii) the Sites meeting your needs and expectations; (iv) the accuracy, completeness, reliability or relevance of the Sites and their Content; (v) the correction of defects or errors on the Sites; (vi) the absence of viruses or harmful elements on the Sites.

TTC, ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES AND AGENTS MAY NOT BE HELD LIABLE IN ANY CIRCUMSTANCES FOR DAMAGES OF ANY NATURE, WHETHER INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THESE SITES OR THE CONTENT THEREOF OR OF ANY SITE WHICH YOU ACCESS VIA THESE SITES.

TTC, ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR OF ANY ADVERTISER OR SPONSOR OF THE SITES (“THIRD-PARTY USERS”) AND MAY IN NO CASE BE HELD LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER (I) FROM THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; AND (II) FROM THE USE OF OR INABILITY TO USE ANY SOFTWARE, CONTENT OR SERVICES OF THE SITES OR OFFERED THROUGH ANOTHER SITE LINKED TO THE SITES.

Indemnification

You agree to defend, indemnify and hold harmless TTC, its affiliates and their respective directors, employees, agents, licensees, successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses of any nature whatsoever, including, without limitation, the legal fees and expenses resulting directly or indirectly from: (i) any breach by you of the Terms of Use; (ii) your browsing or use of the Sites or any site to which the Sites are or may be linked from time to time, or your inability to do so; (iii) your use of or reliance upon publications, communications, distributions or downloads of any nature through the Sites; and/or iv) your violation of any applicable legislation or regulations.

Transactions with TTC

In the event that you purchase travel services on the Sites, you must provide complete and accurate personal information.  TTC reserves the right to accept or reject your booking, at its sole discretion, at any time following the receipt of such booking.  You acknowledge that the price of the travel services posted on the Sites may change without notice and that the travel services are conditional upon availability at the time of purchase. 

TTC reserves the right to change the prices of the travel services offered without prior notice in order to correct them, namely further to a computer or data-entry error, and to reject, correct or cancel a booking or purchase by a user of the Sites of travel services at an erroneous price, without incurring any liability.  

Unless indicated otherwise, your purchase of travel services on the Sites is governed by TTC’s general conditions as stated thereon and by the applicable tariff of the air carrier providing the air travel service.

Privacy

Transat’s Privacy Policy (the “Privacy Policy”) forms an integral part of these Terms of Use.

Trademarks

AIR TRANSAT, AIR TRANSAT KIDS CLUB ENFANTS AND DESIGN, CLUB AND DESIGN, OPTION PLUS, THE TRANSAT STAR AND THE TRANSAT MOSAIC and TRANSAT, are trademarks of Transat A.T. Inc. used under license by TTC.  Other names, words, titles, phrases, logos, drawings, graphics, icons and trademarks displayed on the Sites may be registered or unregistered trademarks of TTC or third parties or used under license by TTC.  You may not use any trademark appearing on the Sites without the written permission of Transat A.T. Inc. or the holder of the rights to such trademark.

Applicable Laws

Your use of the Sites and the Terms of Use are governed by the laws of the Province of Québec and the laws of Canada, regardless of any conflict of laws principles. You hereby acknowledge that any dispute regarding your use of the Sites or the Terms of Use will be submitted to the jurisdiction of the courts sitting in the judicial district of Montreal, Province of Quebec. 

General

These Terms of Use and the Privacy Policy are the entire agreement between you and TTC and may not be assigned or transferred.  TTC’s failure to exercise or assert any of its rights under these Terms of Use or the Privacy Policy shall not be construed as a waiver of such right or provision.   If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect in any way the remaining provisions hereof.  You acknowledge that TTC has no obligation to monitor this Site or any content accessible thereon.  However, you acknowledge that TTC has the right to monitor the Sites electronically, at its sole discretion, in order to comply with any laws or regulations. 

© Transat Tours Canada Inc.

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