TERMS AND CONDITIONS OF USE

The following are terms of a legal agreement between you and Voyages Encore Travel Inc. (“Terms”). By accessing, browsing, or using www.encore.ca, or any sub-site or site related to www.encore.ca, including, without limitation, https://trace.encore.ca (collectively, the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms. If you do not agree to these Terms, please do not use the Site.

Use of the Site. The Site is owned and operated by Voyages Encore Travel Inc. (“Encore”) for your use and information for your business travel arrangements. Your use of the Site is subject to the following terms and all applicable laws, and you may not commercialize or appropriate any portion of the Site or of Encore’s business through your use of the Site or otherwise. 

DEFINITIONS

"Partner" means any person with whom Encore does business in its ordinary course in order to provide Services to its clients, including any airline service provider, hotel, car rental agency or other service provider, such as marketing agencies and credit card processing services, as well as their employees, officers and directors.

 “Service” means any service provided by Encore through the Site.

User” means any person who creates a profile on the Site, as well as any person who visits or uses the Site.

Modifications. ENCORE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE OR TO THESE TERMS AT ANY TIME. Your continued use of the Site after any changes to these Terms will mean you accept those changes. Any aspect of the Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of Encore.

Sign-In Credentials. In the event that you create a profile on the Site, you agree to: 1) keep your password secure and confidential; 2) not permit others to use your profile unless you authorize such use for the purposes provided herein and the person using your profile understands that they are bound by these Terms; 3) refrain from using other Users’ profiles; 4) refrain from selling, trading, or otherwise transferring your profile on the Site to another party; and 5) refrain from charging anyone for access to any portion of the Site, or any information therein. Further, you are responsible for anything that happens through your profile until your profile is terminated in accordance herewith or to the extent you prove that your profile security was compromised due to no fault of your own.

Reservations. In using the Services, you understand that your reservation request shall constitute an offer to purchase the selected travel product or service and shall not be final until confirmed by Encore. To submit a reservation request, you will be required to follow several steps required by the online process, including creating a profile on the Site, and will be required to press the “Confirm Booking” button, or by clicking on your preferred travel options as presented to you via the Site. Before doing so, you will be provided with a final opportunity to confirm the terms of your reservation request. The amount of the purchase will not be charged to you until Encore has issued a confirmation for your reservation.

Payment.  Payment can be made by Visa, MasterCard and American Express credit cards. Upon receiving your reservation request, Encore will make a pre-authorization on your payment card to ensure there are enough funds to complete the transaction. By clicking on the “Confirm Booking” button, you are confirming that the credit card is yours or that you are duly authorized to use such card. Credit card payment is subject to validation checks and authorization by your credit card issuer. If Encore does not receive the required authorization, it will not be able to complete your reservation request.

Upon submitting your reservation request to Encore, you authorize Encore to facilitate bookings and reservations on your behalf, including making payment arrangements with Partners. You agree to pay Encore for the total price for the travel product or service you reserve, in addition to the fees applicable for the Services provided by Encore, when each is billed to the credit card used for the booking or upon receipt of an invoice from Encore for any booking or group of bookings. In the event that you wish to cancel or change a prepaid reservation, Encore will gladly process such request for you, subject to any applicable cancellation or change fees, nightly rates, tax recovery charges and service fees, as determined by Encore and the relevant Partners.

All taxes, fees or local occupancy charges charged to you by Encore, on its own behalf or on behalf of any Partner, shall be remitted to the relevant authorities.

Encore reserves the right to cancel any reservation if full payment is not received in a timely fashion. If you use any Services, you agree to Encore using and storing your payment card and other personal information, including your passport number, in accordance with Encore’s Privacy Policy. You also agree to pay the applicable fees for the Services (including, without limitation, fees for booked travel) as they become due plus all related taxes, and to reimburse Encore for all collection costs and interest for any overdue amounts.

Bank and credit card fees. Any currency exchange rates or transaction fees charged to you by your financial institution or credit card provider are determined solely by the entity having charged such rates or fees. Encore is not responsible for any such rates or fees and any questions relating thereto should be addressed directly to the entity having established such rates or fees.

Restriction on use. In addition to other restrictions set forth in these Terms, you agree that:

(a) You shall not disguise the origin of information transmitted through the Site.

(b) You will not place false or misleading information on the Site.

(c) You will not use or access any Service, information, application or software available via the Site in a manner not expressly permitted by Encore.

(d) You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, website or information that infringes on intellectual property rights belonging to a third party.

Age restriction. The Site is not directed at children and all of the Services offered by Encore are designed for individuals who are 18 years of age or older. You must be 18 years of age or older to access any of the Services.

Partner rules and restrictions. You agree to abide by the terms and conditions of purchase imposed by any Partner, including, but not limited to, payment of all amounts when due and compliance with the rules and restrictions regarding the availability and the use of fares, products, or services. Any violation of any Partner’s rules and restrictions may result in the cancellation of your reservation, in your being denied access to the applicable travel product or service, in your forfeiting any amounts paid for such reservation, and in Encore charging you for any costs incurred as a result of such violation.

Encore makes no guarantees about the availability of specific products or services offered by any given Partner.

Certain hotel Partners may require you to present a credit card or cash deposit upon check-in to cover additional expenses during your stay. Such deposit is unrelated to any payment received by Encore for your hotel booking.

DO NOT RELY ON ENCORE OR THE SITE, ANY INFORMATION THEREIN, OR THEIR CONTINUATION. ENCORE PROVIDES THE PLATFORM FOR AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENCORE DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. ENCORE DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS. ENCORE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PARTERS AND THEIR RESPECTIVE PRODUCTS OR SERVICES INCLUDING PRICING, PHOTOGRAPHS, DESCRIPTIONS OF AMENITIES OR GENERAL PRODUCT DESCRIPTIONS. In the event of a pricing error, Encore will offer you the option to maintain your reservation at the correct price or will cancel the reservation at your request, without penalty.

PRODUCT AND SERVICE RATINGS, REVIEWS AND GUIDES DISPLAYED ON THE SITE ARE INTENDED AS GENERAL GUIDELINES ONLY, AND ENCORE DOES NOT GUARANTEE THE ACCURACY OF SAME.

ALL PARTNERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ENCORE. ENCORE IS IN NO WAY LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PARTNERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

ENCORE IS NOT LIABLE AND WILL PROVIDE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENCORE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ENCORE OR ANYTHING RELATED TO THE SITE, YOU MAY CLOSE YOUR SITE PROFILE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE SECTION REGARDING TERMINATION AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

ENCORE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, PRODUCT, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, PRODUCT, OR TECHNOLOGY TO ENCORE.

ENCORE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE BY USERS; THEREFORE, ENCORE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHER USERS OR THIRD PARTIES. 

ENCORE DOES NOT GUARANTEE THAT THE ONLINE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ENCORE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ENCORE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Neither Encore nor any of its Partners shall be cumulatively liable for: 1) any damages in excess of the last item booked and paid by you through the Site; or 2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third party arising from your use of the Site, any Service, any platform applications or any of the content or other materials on, accessed through or downloaded from the Site. This limitation of liability is part of the basis of these Terms and, without it, the conditions and prices charged by Encore for Services would be different. This limitation of liability shall apply regardless of whether: 1) you base your claim on contract, tort, statute or any other legal theory; 2) Encore knew or should have known about the possibility of such damages; or 3) the limited remedies provided in this section fail of their essential purpose.

Destinations. You acknowledge that travel to certain destinations may involve greater risk than others. Encore encourages its clients to review travel prohibitions, warnings, announcements and advisories issued by the Canadian government prior to booking travel to certain destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found through online resources made available by the Government of Canada.

Encore is not liable for any damages or losses resulting from travel or reservations for any destination where risk factors or travel advisories would suggest travel to such destination would not be advisable or if such travel becomes impossible following a booking.

Trademarks. All product or service names appearing in type form different from that of the surrounding text are trademarks owned by or licensed to Encore or its Partners.

Ownership and Confidentiality. Material on the Site, including but not limited to text, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Encore, and Encore does not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information or material which you provide electronically through your access to or use of the Site is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You also warrant that any information or material which you provide to Encore electronically through your access to or usage of the Site does not infringe the rights of any person or entity, and acknowledge that such information or material may be used in whole or in part in any manner by Encore including, but not limited to, reproduction, retransmission, publication of such information or material for the commercial purposes of Encore. Trademarks, logos and service marks displayed on the Site are registered or unregistered marks of Encore, the Site or others, are the property of their respective owners, and may not be used without written permission from Encore or of the respective owner of such marks. Any information or material contained on the Site which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.

Monitoring. Encore may monitor access to discussions, postings, comments, reviews on, and other activities relating to, the Site, including reservations and bookings made through the Site, and may intervene in relation thereto but does not provide any representations or warranties that it will do so. You consent to any such monitoring and intervention in the event Encore elects to do so.

Termination. You may terminate the binding agreement set forth by these Terms and close your profile, for any reason, at any time, with notice to Encore. This notice will be effective upon Encore processing your notice. Encore may terminate the binding agreement set forth by these Terms, and your profile, at its sole discretion, at any time, with or without notice. Such termination shall be effective immediately, or as may be specified in the notice. For avoidance of doubt, only Encore or the party paying for the Services may terminate your access to the Services. Termination of your Site profile includes disabling your access to the Site and may also bar you from any future use of the Site. Notwithstanding the foregoing, any reservations or bookings made through the Site which are existing and outstanding at the time of termination shall remain valid, save and except if such reservations or bookings are made in a fraudulent manner or otherwise in bad faith, even if same have been paid for in full. 

Encore may restrict, suspend or terminate the profile of any User who abuses or misuses the Services or the Site. Misuse of the Services or the Site includes abusing Site messaging, commenting or review postings; creating multiple or false profiles; using the Services commercially without Encore’s express authorization, infringing on any intellectual property rights, or any other behavior that Encore, at its sole discretion, deems contrary to its purpose.

Users having closed their profiles who have not abused or misused the Services or the Site may at any time create a new profile on the Site.

Links. The Site may contain hyperlinks to websites operated by parties other than Encore, which are provided to you as a convenience only. Encore has not reviewed and does not expressly or impliedly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such websites, nor for information or material posted thereon, or products or services offered thereon. Encore does not control such websites and is not responsible for the content, privacy or other practices of such websites. The inclusion of hyperlinks to such websites on the Site does not imply any association between Encore and their operators. It remains your responsibility to take all necessary precautions to ensure that any links you select or software you download is free of viruses, worms, Trojan horses, defects and other items of a harmful nature.

You may not create links from other websites to the Site, except if expressly permitted by Encore.

Accuracy of information. While Encore tries to update the information or materials on the Site as often as possible, no assurance is given that information or material on the Site is up-to-date, accurate, error-free or complete.  

Viruses, etc. Encore does not represent or warrant that the information or materials accessed from or through the Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems, once discovered, will be corrected.

Damage to Others. You agree not to introduce into or through the Site any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Reserve of Rights. All rights not expressly granted by these Terms are reserved to Encore. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Encore or any other person or entity.

Severability and waiver. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Relationship. You agree that no joint venture, partnership, or employment relationship exists between you and Encore as a result of these Terms or your use of the Site.

Jurisdiction. The Site is controlled and operated by Encore from Montreal, Quebec. Encore provides no representations that materials on the Site are appropriate or available for use in other locations. Should you choose to access the Site from other locations, you do so by your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Dispute Resolution. These Terms and all disputes or claims arising therefrom shall be governed by the laws of the Province of Quebec, regardless of your country of origin or where you access the Site, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Encore agree to submit all disputes or claims arising from these Terms to the courts located in the Judicial District of Montreal, Province of Quebec. Notwithstanding the foregoing, you agree that Encore may seek injunctive relief, or any equivalent urgent legal remedy, before the courts of any jurisdiction.

Language Clause. The parties have expressly requested and required that these Terms and all related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Conditions d’utilisation du Site et tous les documents qui s'y rapportent soient rédigés en anglais.