TERMS OF SERVICE
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.