Brillini Travels Inc. Terms of Service
Last Modified: December 4, 2019
Brillini Travels Inc. is a corporation formed pursuant to the Business Corporations Act R.S.O. 1990, CHAPTER B.16 in Ontario, Canada. In consideration for permitting your access to our website and services and other good and valuable consideration, you agree as follows:
These terms and conditions ("Terms") form a legally binding agreement which govern your access to and use of Brillini Travels Inc.'s, ("we", "us" or "our") website, hosted at www.brillinitravels.com and other domains and sub-domains (the "Website") and our travel planning services (the "Service").
THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE, BEFORE PROCEEDING WITH OUR SERVICE.
By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority; and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement between you and Brillini Travels Inc.
About Our Service
We research and plan trips for clients and provide you with customized travel plans (“Travel Plans”).
Following the completion of our online trip questionnaire, available at www.brillinitravels.com/questionnaire, we offer customized travel planning services. Upon receipt of your trip questionnaire, one of our representatives will:
• Provide you with an approximate cost for flights, accommodations and transfers for your trip; and
• A quote for our trip planning fee (“Trip Planning Fee”), should you wish to use our Service.
As part of our Service, we provide clients with itineraries, along with transportation, accommodation and excursion booking options. For the details of our Service, visit https://brillinitravels.com/how-it-works/. We do not book transportation, accommodation or excursions for you directly. However, we may provide links and references to where you may do so. Accordingly, we are not a travel agency, nor are we registered in Ontario, Canada with The Travel Industry Council of Ontario (TICO) or other regulatory bodies in Canada or elsewhere.
While we make no guarantees as to the timeline for providing you with a customized itinerary, we typically provide clients with a customized itinerary within five (5) business days from the date we receive payment for your Trip Planning Fee.
Where we provide you with a quote for a Trip Planning Fee and you elect, whether via email, on our website, or otherwise, to proceed with our quote, you agree to pay our Trip Planning Fee in advance, which is non-refundable, except in accordance with our satisfaction guarantee, below.
We may also publish fixed rate Trip Planning Fees on our Website. Where prices are listed on the Website they are subject to change without notice. Such prices shall be deemed to be an invitation to make an offer and are subject to (i) our availability; and (ii) acceptance by us.
Where we provide price estimates for third party transportation, accommodation or travel providers in connection with our customized itinerary for you, you agree that we make no representations and grant no warranties as to the prices or ongoing availability of the prices of third party providers which we research on your behalf.
You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from the use of our Website or the purchase of products or services from us or third parties.
We accept payment for our Services via PayPal and email or electronic funds transfer. We will provide you with payment details upon placing your order for a Travel Plan on our Website.
Our Satisfaction Guarantee
In the unlikely event that you are not fully satisfied with our Services, we offer a 100% money back guarantee within 30 calendar days of receiving your Travel Plan, no questions asked. If you have questions related to our guarantee, please contact us at [email protected]
ACCEPTANCE OF RISK AND DISCLAIMERS
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING, INCLUDING OUR TRAVEL PLANS AND REFERENCES THEREIN, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE AND ACKNOWLEDGE THAT OUR TRAVEL PLANS ARE BASED ON INTERNET RESEARCH, TAKING INTO ACCOUNT VARIOUS FACTORS, INCLUDING PRICE, AND THAT WE HAVE NOT NECESSARILY HAD EXPERIENCE WORKING WITH OR BEEN ON A TRIP INVOLVING THE THIRD PARTY TRAVEL PROVIDERS, TRAVEL AND TOURISM OPERATORS, CARRIERS, TRANSPORTATION PROVIDERS, EXCURSION OPERATORS, VENUES, RESTAURANTS OR ANY OTHER THIRD PARTIES REFERENCED IN OUR TRAVEL PLANS.
WE DO NOT REPRESENT OR WARRANT THAT OUR TRAVEL PLANS WILL RESULT IN A SAFE TRIP, OR THAT YOU WILL BE SATISFIED WITH YOUR TRAVEL EXPERIENCE. YOU SHOULD TAKE ADDITIONAL SAFETY PRECAUTIONS YOU DEEM REASONABLE INCLUDING, FOR EXAMPLE, RESEARCH ON TRAVEL BANS OR WARNINGS, VISA REQUIREMENTS, DISEASE AND VACCINATIONS. YOU SHOULD ALSO CONDUCT ADDITIONAL RESEARCH ON THE THIRD PARTIES AND PLACES REFERENCED IN THE TRAVEL PLAN AND OBTAIN TRAVEL, HEALTH AND MEDICAL INSURANCE
OUR TRAVEL PLANS ARE NOT AN ENDORSEMENT OF THE SERVICES OFFERED BY THIRD PARTY TRAVEL PROVIDERS, TRAVEL AND TOURISM OPERATORS, CARRIERS, TRANSPORTATION PROVIDERS, EXCURSION OPERATORS, VENUES, RESTAURANTS OR ANY OTHER THIRD PARTIES REFERENCED IN OUR TRAVEL PLANS. YOU ACCESS THEIR PRODUCTS AND SERVICES AT YOUR OWN RISK.
YOU ACCEPT ALL RISKS ASSOCIATED WITH USING AND RELYING ON OUR TRAVEL PLANS AND THE SERVICES OF THIRD PARTY TRAVEL PROVIDERS, TRAVEL AND TOURISM OPERATORS, CARRIERS, TRANSPORTAITON PROVIDERS, EXCURSION OPERATORS, VENUES, RESTAURANTS OR ANY OTHER THIRD PARTIES REFERENCED IN OUR TRAVEL PLANS.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED WEBSITE AND PROVIDE TIMELY SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS OR DELAY MAY CAUSE.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, OUR SERVICE OR A TRAVEL PLAN WE CREATE, OR YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE AND SEEK A REFUND PURSUANT TO OUR SATISFACTION GUARANTEE, REFERENCED ABOVE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US (IF ANY), OVER THE PRECEDING TWO (2) MONTHS FROM THE DATE YOU FIRST RAISE YOUR CLAIM WITH US.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE, OUR SERVICE OR OUR TRAVEL PLANS WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by third-parties. You are not permitted to copy, sell, license access to, publish or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service, including the contents of our Travel Plans, without the express consent of the owner. All other contents of the Website and Service including, but not limited to, the computer code, is the property of Brillini Travels Inc. and/or our independent content providers ("ICPs") with all rights reserved.
Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of Brillini Travels Inc., including our logo without our express permission.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify our copyright agent at [email protected]
While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website, Service or in our Travel Plans, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We provide links and references to material on other websites not owned or operated by us. Links found on our Website or Service, including in our Travel Plans, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, our Services and Travel Plans, all documents incorporated by reference and your relationship with us.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Construction Against Drafter
If any ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
Though we would much rather you stay, you can stop using our Website and Service at any time. We reserve the right to suspend your access to our Website and Service at any time, with or without cause, and with or without notice. The cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of Brillini Travels Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using our Website and Service, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Brillini Travels Inc.
Last Modified: January 3, 2020
PART I: COLLECTION OF PERSONAL INFORMATION
The Personal Information of Other Individuals
To use our Service and have us create a customized Travel Plan for you, we may collect the following personal information:
• Full name;
• Billing address;
• Email address;
• Phone number;
• The country who issued your passport, and the passport of individuals you will be traveling with;
• Travel preferences;
• Banking and/or credit card information;
• IP address and location data, including geo-location data;
• Website statistics and analytics data regarding your use of our Website;
• Other types of raw data relating to how you interact with the Website, for example, your browser information and session duration; and
• All other information you voluntarily provide on our Website or as part of our Service.
Social Media Account Login Providers
Where you elect to create an account using a social media account login provider, for example, LinkedIn, Facebook, Google or Twitter, you agree and acknowledge that they may provide us with certain profile and account information to establish your account.
Although we may host their forms on our Website, when you provide your payment details on the Website, you are providing them to PayPal. You acknowledge that our third-party payment processors may have their own agreements which apply to you. While we will not have access to your entire credit card number, we may have access to certain card and payment details such as the name on your card, billing address and card expiration date. If you have questions regarding our payment processor, please contact us.
You may also elect to pay us using an electronic funds transfer or email money transfer directly from your bank.
PART II: THE USE OF PERSONAL INFORMATION
We do not sell your personal information to third-parties. However, we may use personal information to:
• Facilitate the operation of the Website and Service, including communicating with you about your travel plans and creating travel plans for you;
• Bill and collect money owed to us;
• Verify your contact information;
• Provide user support or to support and improve our Website and Service;
• Communicate with you about services we offer;
• Send or display informational and promotional materials, via email. You may unsubscribe from such communications at any time;
• Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
• To meet legal requirements or seek legal advice from a lawyer in connection with your use of our Website or Service; and
• To enforce compliance with our Terms and applicable laws, rules and regulations.
PART III: THE DISCLOSURE OF PERSONAL INFORMATION
Sharing Personal Information and Content if Required by Law
We may share personal information and any content collected, uploaded or provided to us if required by law, such as in response to a subpoena, court order or other legal process in any jurisdiction. If we are required by law to make any disclosure of your personal information or content, we may, but are not obligated to, provide you with written notice of such disclosure, if permitted by law.
Sharing Personal Information to Cooperate with Investigations and Law Enforcement
Absent a court order, subpoena or other legal requirement to disclose personal information or content in our possession or control, you agree that we may also share personal information and content you upload or which is associated with your account to cooperate with law enforcement authorities in the investigation of any criminal matter if we reasonably believe doing so is necessary or beneficial in protecting your safety, or the safety of any third-party.
Sharing Personal Information with Third-Party Providers
Our suppliers, partners, independent contractors (collectively “Third-Party Providers”) and/or employees, may have access to, or be shared personal information to use in connection with one or more of the purposes for which the information was collected.
Our Third-Party Providers may have access to personal information in providing services to us, or providing you with access to the Website or Service. We may use a variety of Third-Party Providers in order to host our Website and online forms and facilitate their ordinary use, including for example, hosting servers which store personal information.
• • Our website hosting providers include SiteGround Hosting Ltd. and its affiliates. For more information on their privacy practices please see https://www.siteground.com/viewtos/privacy_policy?scid=2&lang=en;
• Our email marketing provider is The Rocket Science Group LLC, a company headquartered in the State of Georgia in the United States, who operate MailChimp. For more information on their privacy practices please see https://mailchimp.com/legal/privacy/.
We also use the following Third-Party Providers for data analytics in connection with your use of our Website and Service, including:
• Google LLC together with their affiliated entities worldwide, in order to use Google Analytics. For details, visit https://analytics.google.com/analytics/web/;
• Facebook Pixel, offered by Facebook, Inc. and their affiliated and related entities, which provides us with analytics and insights in to your use of our website. If you are a Facebook user, Facebook Pixel helps us target advertising to you via Facebook, Inc.’s platforms (Facebook and Instagram) based on the various pages you visit on our website. For more information about Facebook Pixel, see https://www.facebook.com/business/learn/facebook-ads-pixel; and
We may update the above list of Third-Party Providers from time-to-time as our Website and Service continue to evolve. Third-Party Providers may have their own agreements and privacy policies on the collection and use of personal information which either we or you provide them.
Your Personal Information May Not Be Stored in Canada
As we may have servers, Third-Party Providers, employees and other parties we share your personal information with in locations both inside and outside of Canada, your personal information may become subject to foreign laws and foreign legal proceedings.
European General Data Protection Regulation
Our privacy practices intend to meet the requirements of the General Data Protection Regulation of the European Union (“GDPR”). As a company that may process the personal information of persons who reside in or who are citizens of the European Union (a “European person”), we have implemented technical and organizational measures to meet the GDPR’s requirements and protect the personal information of European persons. Our technical measures to protect personal information take into account current technology available and the costs of implementing that technology in addition to the nature, scope, context and purposes of the personal information collected and processed. If you have any questions about our technical and organizational measures to meet the GDPR requirements, please contact us.
If you provide us with personal information from European persons, you represent and warrant to us that your personal information collection and storage procedures comply, at all times, with the GDPR. To the extent you provide us with, or, have our Website process any personal information of a European person, you further represent that you have obtained informed consent to transfer their information, internationally, to us. If such consent is subsequently revoked, you agree to inform us immediately. Provided we are a company registered and operating in Canada, you agree and acknowledge that your personal information will be accessed by us in Canada, although it may be stored with Third Party Providers in locations both in and outside of Canada.
Sharing Personal Information if Our Business, Website or Service is Acquired
We may share personal information with our successors (if our business, the Website or Service are acquired by another legal entity) or any assignee of our assets relating to the Website and Service. Disclosure in such circumstances is governed by the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 in Canada.
Disclaimer and Warning About Sharing Personal Information Online
YOU ACKNOWLEDGE THAT WHEN SHARING PERSONAL INFORMATION ONLINE, THERE IS ALWAYS A RISK OF DATA BREACHES, INCLUDING DATA BREACHES IN WHICH THIRD PARTIES UNLAWFULLY ACCESS OUR SYSTEMS, OR THE SYSTEMS OF OUR THIRD-PARTY PROVIDERS, WHICH STORE PERSONAL INFORMATION.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY WAY OF NEGLIGENCE, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT DIRECTLY AND GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.
Retention of Your Personal Information
We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected. Please contact us if you would like to delete any personal information we hold about you following the termination of your account or our Services.
What are Cookies?
Cookies are small text files sent to and automatically downloaded by your web browser (assuming you have cookies enabled) when you visit our Website. A cookie file is stored in your web browser and allows our Website and Third-Party Providers we use to recognize you, track your activity across our and other websites and is usually used in conjunction with logging your internet protocol (“IP”) address.
Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your computer (in your browser files) or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
Can you delete Cookies once downloaded?
Most web browsers also permit you to delete cookies. This is typically done via your web browser’s settings, which vary depending on which web browser you use. For details on managing cookies settings using:
• Chrome - https://support.google.com/accounts/answer/32050;
• Firefox - https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored;
• Safari - https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac; and
• For any other web browser, please visit your web browser's official web pages.
For example, cookies are used in connection with our use of Google LLC’s Google Analytics. For more information on Google Analytics and how cookies are used by Google Analytics, see Google LLC’s information page at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage;