Egencia Canada Terms and Conditions

AGREEMENT BETWEEN CUSTOMER AND EGENCIA CANADA CORP.

This website ("Website") and the Egencia services (collectively, the "Egencia Services") are offered to you by Egencia Canada Corp. ("Egencia Canada") and its affiliates (collectively "Expedia") conditioned on your acceptance without modification of the terms, conditions, and notices contained therein. Your use of the Egencia Services as set forth below constitutes your agreement to all such terms, conditions, and notices.

Effective July 17, 2008, Expedia Corporate Travel changed its name to Egencia. The change of name will have no effect on transactions conducted under our previous name. By using the Egencia Services, either on your own behalf or on behalf of another person, you agree to the terms, conditions, and notices contained herein. If you are using the Egencia Services on behalf of another person, you further agree that you are an agent authorized to act on behalf of such other person and that you have obtained all necessary consents to so act. You and your agent are responsible for any use of the Egencia Services, regardless of who actually or directly undertakes such use. If you are acting on behalf of another person, it is your responsibility to obtain the appropriate consent of such person to so act and to ensure that such person agrees to these terms, conditions, and notices.

Additionally, your company may already be receiving travel services pursuant to a separate agreement which permits you and certain people acting on your behalf (i.e., your Travel Manager and Travel Arranger(s)) to obtain travel products or services on this Website, including booking travel arrangements, or otherwise use the Egencia Services. To the extent that any of the terms and conditions set forth herein conflict with or are otherwise inconsistent with the terms of your company's applicable agreement, the terms of such agreement will govern and control.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

The Egencia Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Egencia Services.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Egencia Service are: Copyright (c) 2005-2009 Expedia, Inc. 333 108th Avenue NE, Bellevue, WA 98004 USA. All rights reserved. Expedia, Egencia Corporate Travel, Expedia.ca, egencia.ca, and the Airplane Logo are either registered trademarks or trademarks of Expedia, Inc. in the U.S. and/or other countries. Other logos or product and company names mentioned herein may be the property of their respective owners. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE EGENCIA SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, EGENCIA CANADA AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR. CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED IN CONNECTION WITH THE EGENCIA SERVICES ARE INTENDED ONLY AS GENERAL GUIDELINES, AND EGENCIA CANADA AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EGENCIA CANADA, ITS AFFILIATES. AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE EGENCIA SERVICES AT ANY TIME.

EGENCIA CANADA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THE EGENCIA SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES IN THE EGENCIA SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVCES BY EGENCIA CANADA OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. EXPEDIA, EGENCIA CANADA, ITS AFFILIATES, AND/OR 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR EXPEDIA ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF EGENCIA CANADA OR ITS AFFILIATES. EGENCIA CANADA AND ITS 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. EGENCIA CANADA AND ITS 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.

IN NO EVENT SHALL EGENCIA CANADA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE EGENCIA SERVICES OR WITH THE DELAY OR INABILITY TO USE THE EGENCIA SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE EGENCIA SERVICES OR OTHERWISE ARISING OUT OF THE USE OF EGENCIA SERVICES, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EGENCIA CANADA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend and indemnify Egencia Canada, its 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:

(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of:

(a) your breach of these Terms and Conditions or the documents
referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of the Egencia Services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Egencia Services, you warrant that you will not use the Egencia Services site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any software, including, without limitation, all HTML code, JavaScript and Active X controls on this Website, is owned by Expedia, and/or its respective suppliers and is protected by copyright laws and international treaty provisions. Any modification, reproduction or redistribution of such software is expressly prohibited and Expedia may revoke your right to access and use such software at any time. You acknowledge that such software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the USA and Canada. You agree not to export or re-export such software, directly or indirectly, to any countries that are subject to U.S.A. or Canadian export restrictions.

LINKS TO THIRD-PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than Expedia. Such hyperlinks are provided for reference only. Expedia does not control such Web sites and is not responsible for their contents. Expedia's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

TERMS, CONDITIONS AND WARRANTIES

Goods and Services Tax/ Harmonized Sales Tax/ Quebec Sales Tax

GST No. 80570 0218 RT0001

QST No. 1215088401 TQ0001

Charges for Accommodation

Charges by Egencia Canada for Egencia Services may be subject to the Canadian Goods and Services Tax ("GST"), Harmonized Sales Tax ("HST") and/or Quebec Sales Tax ("QST"), depending on the place of supply of Egencia Services.

The price charged for hotel and other accommodation includes the applicable GST/HST and/or QST, as set out below: Rooms Located in:

Applicable Tax Rate Included in Price:

New Brunswick, Nova Scotia, or Newfoundland and Labrador HST (13%)
Quebec GST (5%) QST (7.5%)*
Other Provinces in Canada GST (5%)
Outside Canada N/A

* QST rate applies to GST-included price.

For example, for a hotel room offered in New Brunswick for $100, the price would include HST of $11.50 (13/113ths). Please contact your tax advisor for information regarding the calculation of GST/HST and QST on charges, and the tax factors to be used in claiming input tax credits.

Fees

Online fees charged to you by Egencia Canada with respect to online reservations are inclusive of applicable GST/HST and/or QST.

Agent-Assisted Service Fees

Service fees charged separately by Egencia Canada to you pursuant to a separate agreement will be subject to GST only, irrespective of the location of the related travel service, as such services are provided from Ontario.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Egencia urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Canadian Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.voyage.gc.ca.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, EXPEDIA DOES 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.

SERVICE HELP

If you have questions or problems with this Website, visit our Customer Support page by clicking the appropriate link in the navigation bar at the top of each page of the site.

MODIFICATION OF THESE TERMS AND CONDITIONS

Expedia reserves the right to change the terms, conditions, and notices under which the Egencia Services are offered.

GENERAL

These terms and conditions are governed by the laws of the province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario, in all disputes arising out of, or relating to the use of the Egencia Services. Use of the Egencia Services 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, employment, or agency relationship exists between you and Egencia Canada or any of its affiliates as a result of these terms and conditions or use of the Egencia Services.

Expedia's performance hereunder is subject to the existing laws and legal process, and nothing contained in these terms and conditions is in derogation of Expedia's right to comply with law enforcement requests or requirements relating to your use of the Egencia Services or information provided to, or gathered by, Expedia with respect to such use.

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision, or part thereof, will be deemed immediately superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions shall continue in effect.

These terms and conditions and any other terms and conditions referenced herein (together with any applicable agreement) constitutes the entire agreement between the customer and Egencia Canada with respect to the Egencia Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Egencia Canada with respect to the Egencia Services.

A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions 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 herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

USE OF TRAVEL AGENT FEATURE

The Travel Agent feature of this Website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to be bound by these terms and conditions and to use the Egencia Services in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of the Egencia Services (as well as for use of your account by others or your use of the Egencia Services for others). You also warrant that all information supplied by you in using the Egencia Services is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of the Egencia Services shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of the Egencia Services may result in you being denied access to such facilities.

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or 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 all rules and restrictions regarding availability of fares, products or services. You also agree to be bound by the applicable terms and conditions of a separate agreement (if any) that your company entered into to obtain travel products or services on this Website, including booking travel arrangements, or otherwise use the services available on the Website. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Egencia Services.

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. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Egencia Canada, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, Expedia advises the customer to consult a qualified professional to verify the accuracy of the currency rates. Egencia Canada, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

Last updated: April 21, 2009