|
|
|
|
|
|
|
Terms & Conditions
This Web Site (the 'Web Site') is owned and operated by Thomas Cook Canada Inc., doing business as 'Thomas Cook Financial Services' For purposes of these Terms & Conditions the words `you," "your," refer to each person who books or otherwise purchases or receives goods and services arranged through Thomas Cook Financial Services. The words 'Thomas Cook Financial Services', "our" "us" and "we" refer to Thomas Cook Canada Inc., its parents, subsidiaries, affiliates and agents.
Thomas Cook Financial Services makes arrangements with partners who provide financial services such the sale and in some cases purchase of foreign exchange, travellers cheques, money transfers, travel insurance, pre-paid cards and credit cards.
Please read and ensure you understand these Terms & Conditions before you make a booking with, Thomas Cook Financial Services. WHEN YOU BOOK OR RECEIVE SERVICES THROUGH THOMAS COOK FINANCIAL SERVICES OR OTHERWISE USE THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE, AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN YOU AND THOMAS COOK FINANCIAL SERVICES. IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST DISCONTINUE USE OF THIS WEBSITE. Thomas Cook Financial Services reserves the right, at its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Web Site. We recommend that you review these Terms and Conditions carefully each time you use our Web Site. Thomas Cook Financial Services Privacy and Security Policy is hereby incorporated herein by reference. You are accepting and agreeing to the Terms & Conditions listed on these pages.
PERSONAL USE OF WEB SITE
You may only use our Web Site or its content for personal purposes only to make legitimate reservations or purchases and not for any other purposes, including without limitation, for commercial purposes or to make any speculative, false or fraudulent booking or any booking in anticipation of demand. You agree not to reproduce, transfer or sell any information, products or services from our Web Site.
You may copy electronically or print hard copies of any of the Web pages from our Web Site provided that such copying or printing is for your personal non-commercial and lawful use and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Thomas Cook Financial Services. Except when the express written authorization of Thomas Cook Financial Services is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of our Web pages and information (including any portion of them) which is obtained from our Web Site. Thomas Cook Financial Service reserves all intellectual property rights to any material that you may copy electronically or print from our Web Site.
PROHIBITED OR UNLAWFUL USE
You warrant that you will not use our Web Site for any purpose that is either unlawful or prohibited by the Terms and Conditions.
Thomas Cook Financial Services, at its sole discretion, reserves the right, without prejudice to any rights or claims that Thomas Cook Financial Services may have against you, to refuse service, terminate accounts, and /or cancel orders or reservations including if Thomas Cook Financial Services reasonably believes that your use of our Web Site has been fraudulent (including without limitation, by unauthorized use of a credit card) or that it contravenes these Terms and Conditions, that it violates applicable law or is harmful to the interests of Thomas Cook Financial Services.
USE OF TRADEMARKS
"Thomas Cook Financial Services', 'tcnafinancialservices.com" and other Thomas Cook Financial Services logos and trademarks (such as the Thomas Cook® brand or strap line Fast. Friendly. For you.), as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on our Web Site, are either our properties of or that of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without our prior written consent.
All content of this Web Site, including all information, design, images, sound, photographs, video, illustrations, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark and other proprietary rights or licenses held. All such rights are expressly reserved.
ONLINE TRANSACTIONS
Minimum Age Requirement and Liability for Reservations and Purchases
As a condition to your purchasing through our Web Site you represent that you are of legal age to create binding legal obligations for all charges and liabilities you may incur as a result of your use of this site. For greater certainty, you acknowledge and agree that you are exclusively liable for all charges and obligations incurred as a result of your use of this Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through this Web Site by persons using your personal profile sign-in information and password.
Errors or Omissions
Thomas Cook Financial Services uses reasonable effort to ensure that the Content on its Web Site is complete and current. However, Thomas Cook Financial Services does not guarantee that the information contained on its Web Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. Thomas Cook Financial Services reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Thomas Cook Financial Services reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled due to an error, inaccuracy or omission, Thomas Cook Financial Services shall promptly issue a credit to your credit card for the amount of such charge.
Prices and Taxes
Thomas Cook Financial Services charges sales and provincial tax, service fees and surcharges for purchases made on its Web Site. All prices listed on its Web Site are in Canadian dollars and all charges will be processed in Canadian dollars.
CHANGES
Thomas Cook Financial Services reserves the right to change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any of the Web Site features, database, or content. Thomas Cook Financial Services may also impose limits on features or restrict access to parts of the Web Site.
PRIVACY
The Last Minute Club's Privacy & Security Policy is incorporated herein by reference, and you agree to the terms and provisions therein.
REVIEW OF TRANSMISSIONS
Thomas Cook Financial Services may, from time to time, monitor and review any information transmitted or received through its Web Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Thomas Cook Financial Services, at its sole discretion, deems inappropriate or in violation of the Terms and Conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. Thomas Cook Financial Services takes no responsibility and assumes no liability for any content posted or submitted by you.
COMMENTS
The Thomas Cook Financial Services Web Site enables you to provide us with comments. If you provide us with comments, you grant Thomas Cook Financial Services a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant Thomas Cook Financial Services the right to use the name you submit with the comments, in connection with the comments.
DISCLAIMER
Please note that all content (including without limitation, products, services and information) on our Web Site is provided on an "as is" and "as available" basis. Thomas Cook Financial Services makes no representations or warranties of any kind, either express or implied as to the content, information or products included on this Web Site or as to the operation of this Web Site. To the fullest extent permissible under applicable law, Thomas Cook Financial Services disclaims, and you hereby waive, any and all warranties and representations of any kind, whether express or implied, arising through operation of law or otherwise, with respect to our Web Site or any other Internet site linked to our Web Site and any content on our Web Site or any other Internet site linked to our Web Site, including, but not limited to, any (i) implied warranty of merchantability, informational content, title or fitness for a particular purpose; (ii) implied warranty of non-infringement of the rights of third parties; and (iii) claim in tort (including negligence).
Without limiting the foregoing, you acknowledge that Thomas Cook Financial Services does not represent or warrant that this Web Site will be accessible without interruption or that this Web Site is free from errors, defects, design flaws or omissions or from viruses or other harmful components or that such errors, defects, flaws, omissions or harmful components will be corrected or removed.
Thomas Cook Financial Services does not warrant the accuracy, integrity or completeness of the content provided in this Web Site, including any advice or other similar information you may obtain through this Web Site.
Thomas Cook Financial Services is not responsible for any failures caused by server errors, misdirected or re-directed transmissions, failed Internet connections, interruptions in service or receipt of reservations or ticket orders or other defect whether technical or human in nature.
The information on this Web Site is directed solely at those who access this site from Canada. Thomas Cook Financial Services DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA. Residents of other countries must identify themselves as such at the time of booking or purchase and ascertain whether the booking or purchase will be accepted from their country of residence and the conditions applicable to their booking or purchase. All bookings and purchases are also subject to the general information and product descriptions relating thereto.
LIMITATION OF LIABILITY
In no event shall Thomas Cook Financial Services, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory, to you or to any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with (i) any use of, inability to use, or results of use of, this Web Site; (ii) or any content on this Web Site; (iii) provision or failure to provide any service; (iv) any errors or inaccuracies contained on this Web Site; (v) any transactions entered into or via this Web Site; (vi) any property damage including your computer system caused by viruses or other harmful elements during or as a result of access to or use of this Web Site or any site to which it provides links or; (vii) delay or inability to use the Web Site or any information, products or services obtained through the Web Site, even if Thomas Cook Financial Services or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Web Site and the content thereon, or with the terms and conditions, your sole and exclusive remedy is to discontinue use of this Web Site. If any portion of this limitation is found to be invalid or unenforceable for any reason, then the total liability of Thomas Cook Financial Services to you shall in no event exceed one hundred dollars ($100). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
INDEMNIFICATION
You shall defend and indemnify Thomas Cook Financial Services, any independent providers and distributors and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web Site or your breach of this agreement.
LINKS TO OTHER INTERNET SITES ARE NOT AN ENDORSEMENT
This Web Site may contain links to other Internet sites which are provided to you for your convenience. Please note that the provision of any links to other internet sites does not constitute an endorsement by Thomas Cook Financial Services of such linked Internet sites. All such other Internet sites are wholly independent from this internet site and from Thomas Cook Financial Services and Thomas Cook Financial Services has no control or power over such other internet sites including their content.
GOVERNING LAW, ARBITRATION AND CLAIMS
The Terms and Conditions as well as the use of this Web Site, including any purchase made through tcnafinancialservices.com on this Web Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.
Any claim or dispute (including without limitation, any unresolved claims concerning any services booked through this Web Site and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your use of this Web Site or the purchased of products or services, or the goods and services from this Web Site, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement Administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.
If for any reason the foregoing is determined to be unapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the Terms and Conditions and the use of this Web Site.
Notice of Claims: You must notify Thomas Cook Financial Services in writing by registered mail to the address indicated below, of any claim you may have or claim to have against Thomas Cook Financial Services within 30 days from the event giving rise to the claim. Should you not file a written complaint with Thomas Cook Financial Services within 30 days from the latter of your use of this Web Site it will be deemed that (i) you are satisfied with the services rendered and (ii) you have waived any and all claims that you may have had against Thomas Cook Financial Services. Thomas Cook Financial Services need not respond to any claims or demands made after the expiration of such 30-day period. You may not undertake any legal proceeding against Thomas Cook Financial Services unless you have submitted a notice as set out above. Under no circumstances shall Thomas Cook Financial Services be liable to you for an amount in excess of one hundred dollars ($100).
Thomas Cook Financial Services is a wholly-owned division of
Thomas Cook Canada Inc.
75 Eglinton Avenue East, Toronto, ON M4P 3A4
Ont. Registration Numbers: 04555751, 04555793
ADDITIONAL TERMS
Separate additional terms and conditions will apply to purchases of goods and services and other uses of portions of this Web Site and you agree to abide by such other separate additional terms and conditions.
SEVERABILITY
The Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
These Terms and Conditions, together with the Privacy and Security sections of this Web Site, constitute the entire agreement between Thomas Cook Financial Services and you regarding the subject matter of this agreement, and they supersede all prior or contemporaneous communications, whether electronic, oral or written between Thomas Cook Financial Services and you with respect to such subject matter.
This Web Site (the 'Web Site') is owned and operated by Thomas Cook Canada Inc., doing business as 'Thomas Cook Financial Services' For purposes of these Terms & Conditions the words `you," "your," refer to each person who books or otherwise purchases or receives goods and services arranged through Thomas Cook Financial Services. The words 'Thomas Cook Financial Services', "our" "us" and "we" refer to Thomas Cook Canada Inc., its parents, subsidiaries, affiliates and agents.
Thomas Cook Financial Services makes arrangements with partners who provide financial services such the sale and in some cases purchase of foreign exchange, travellers cheques, money transfers, travel insurance, pre-paid cards and credit cards.
Please read and ensure you understand these Terms & Conditions before you make a booking with, Thomas Cook Financial Services. WHEN YOU BOOK OR RECEIVE SERVICES THROUGH THOMAS COOK FINANCIAL SERVICES OR OTHERWISE USE THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE, AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN YOU AND THOMAS COOK FINANCIAL SERVICES. IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST DISCONTINUE USE OF THIS WEBSITE. Thomas Cook Financial Services reserves the right, at its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Web Site. We recommend that you review these Terms and Conditions carefully each time you use our Web Site. Thomas Cook Financial Services Privacy and Security Policy is hereby incorporated herein by reference. You are accepting and agreeing to the Terms & Conditions listed on these pages.
PERSONAL USE OF WEB SITE
You may only use our Web Site or its content for personal purposes only to make legitimate reservations or purchases and not for any other purposes, including without limitation, for commercial purposes or to make any speculative, false or fraudulent booking or any booking in anticipation of demand. You agree not to reproduce, transfer or sell any information, products or services from our Web Site.
You may copy electronically or print hard copies of any of the Web pages from our Web Site provided that such copying or printing is for your personal non-commercial and lawful use and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Thomas Cook Financial Services. Except when the express written authorization of Thomas Cook Financial Services is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of our Web pages and information (including any portion of them) which is obtained from our Web Site. Thomas Cook Financial Service reserves all intellectual property rights to any material that you may copy electronically or print from our Web Site.
PROHIBITED OR UNLAWFUL USE
You warrant that you will not use our Web Site for any purpose that is either unlawful or prohibited by the Terms and Conditions.
Thomas Cook Financial Services, at its sole discretion, reserves the right, without prejudice to any rights or claims that Thomas Cook Financial Services may have against you, to refuse service, terminate accounts, and /or cancel orders or reservations including if Thomas Cook Financial Services reasonably believes that your use of our Web Site has been fraudulent (including without limitation, by unauthorized use of a credit card) or that it contravenes these Terms and Conditions, that it violates applicable law or is harmful to the interests of Thomas Cook Financial Services.
USE OF TRADEMARKS
"Thomas Cook Financial Services', 'tcnafinancialservices.com" and other Thomas Cook Financial Services logos and trademarks (such as the Thomas Cook® brand or strap line Fast. Friendly. For you.), as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on our Web Site, are either our properties of or that of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without our prior written consent.
All content of this Web Site, including all information, design, images, sound, photographs, video, illustrations, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark and other proprietary rights or licenses held. All such rights are expressly reserved.
ONLINE TRANSACTIONS
Minimum Age Requirement and Liability for Reservations and Purchases
As a condition to your purchasing through our Web Site you represent that you are of legal age to create binding legal obligations for all charges and liabilities you may incur as a result of your use of this site. For greater certainty, you acknowledge and agree that you are exclusively liable for all charges and obligations incurred as a result of your use of this Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through this Web Site by persons using your personal profile sign-in information and password.
Errors or Omissions
Thomas Cook Financial Services uses reasonable effort to ensure that the Content on its Web Site is complete and current. However, Thomas Cook Financial Services does not guarantee that the information contained on its Web Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. Thomas Cook Financial Services reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Thomas Cook Financial Services reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled due to an error, inaccuracy or omission, Thomas Cook Financial Services shall promptly issue a credit to your credit card for the amount of such charge.
Prices and Taxes
Thomas Cook Financial Services charges sales and provincial tax, service fees and surcharges for purchases made on its Web Site. All prices listed on its Web Site are in Canadian dollars and all charges will be processed in Canadian dollars.
CHANGES
Thomas Cook Financial Services reserves the right to change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any of the Web Site features, database, or content. Thomas Cook Financial Services may also impose limits on features or restrict access to parts of the Web Site.
PRIVACY
The Last Minute Club's Privacy & Security Policy is incorporated herein by reference, and you agree to the terms and provisions therein.
REVIEW OF TRANSMISSIONS
Thomas Cook Financial Services may, from time to time, monitor and review any information transmitted or received through its Web Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Thomas Cook Financial Services, at its sole discretion, deems inappropriate or in violation of the Terms and Conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. Thomas Cook Financial Services takes no responsibility and assumes no liability for any content posted or submitted by you.
COMMENTS
The Thomas Cook Financial Services Web Site enables you to provide us with comments. If you provide us with comments, you grant Thomas Cook Financial Services a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media. You also grant Thomas Cook Financial Services the right to use the name you submit with the comments, in connection with the comments.
DISCLAIMER
Please note that all content (including without limitation, products, services and information) on our Web Site is provided on an "as is" and "as available" basis. Thomas Cook Financial Services makes no representations or warranties of any kind, either express or implied as to the content, information or products included on this Web Site or as to the operation of this Web Site. To the fullest extent permissible under applicable law, Thomas Cook Financial Services disclaims, and you hereby waive, any and all warranties and representations of any kind, whether express or implied, arising through operation of law or otherwise, with respect to our Web Site or any other Internet site linked to our Web Site and any content on our Web Site or any other Internet site linked to our Web Site, including, but not limited to, any (i) implied warranty of merchantability, informational content, title or fitness for a particular purpose; (ii) implied warranty of non-infringement of the rights of third parties; and (iii) claim in tort (including negligence).
Without limiting the foregoing, you acknowledge that Thomas Cook Financial Services does not represent or warrant that this Web Site will be accessible without interruption or that this Web Site is free from errors, defects, design flaws or omissions or from viruses or other harmful components or that such errors, defects, flaws, omissions or harmful components will be corrected or removed.
Thomas Cook Financial Services does not warrant the accuracy, integrity or completeness of the content provided in this Web Site, including any advice or other similar information you may obtain through this Web Site.
Thomas Cook Financial Services is not responsible for any failures caused by server errors, misdirected or re-directed transmissions, failed Internet connections, interruptions in service or receipt of reservations or ticket orders or other defect whether technical or human in nature.
The information on this Web Site is directed solely at those who access this site from Canada. Thomas Cook Financial Services DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA. Residents of other countries must identify themselves as such at the time of booking or purchase and ascertain whether the booking or purchase will be accepted from their country of residence and the conditions applicable to their booking or purchase. All bookings and purchases are also subject to the general information and product descriptions relating thereto.
LIMITATION OF LIABILITY
In no event shall Thomas Cook Financial Services, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory, to you or to any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with (i) any use of, inability to use, or results of use of, this Web Site; (ii) or any content on this Web Site; (iii) provision or failure to provide any service; (iv) any errors or inaccuracies contained on this Web Site; (v) any transactions entered into or via this Web Site; (vi) any property damage including your computer system caused by viruses or other harmful elements during or as a result of access to or use of this Web Site or any site to which it provides links or; (vii) delay or inability to use the Web Site or any information, products or services obtained through the Web Site, even if Thomas Cook Financial Services or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Web Site and the content thereon, or with the terms and conditions, your sole and exclusive remedy is to discontinue use of this Web Site. If any portion of this limitation is found to be invalid or unenforceable for any reason, then the total liability of Thomas Cook Financial Services to you shall in no event exceed one hundred dollars ($100). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
INDEMNIFICATION
You shall defend and indemnify Thomas Cook Financial Services, any independent providers and distributors and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web Site or your breach of this agreement.
LINKS TO OTHER INTERNET SITES ARE NOT AN ENDORSEMENT
This Web Site may contain links to other Internet sites which are provided to you for your convenience. Please note that the provision of any links to other internet sites does not constitute an endorsement by Thomas Cook Financial Services of such linked Internet sites. All such other Internet sites are wholly independent from this internet site and from Thomas Cook Financial Services and Thomas Cook Financial Services has no control or power over such other internet sites including their content.
GOVERNING LAW, ARBITRATION AND CLAIMS
The Terms and Conditions as well as the use of this Web Site, including any purchase made through tcnafinancialservices.com on this Web Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.
Any claim or dispute (including without limitation, any unresolved claims concerning any services booked through this Web Site and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your use of this Web Site or the purchased of products or services, or the goods and services from this Web Site, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement Administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.
If for any reason the foregoing is determined to be unapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the Terms and Conditions and the use of this Web Site.
Notice of Claims: You must notify Thomas Cook Financial Services in writing by registered mail to the address indicated below, of any claim you may have or claim to have against Thomas Cook Financial Services within 30 days from the event giving rise to the claim. Should you not file a written complaint with Thomas Cook Financial Services within 30 days from the latter of your use of this Web Site it will be deemed that (i) you are satisfied with the services rendered and (ii) you have waived any and all claims that you may have had against Thomas Cook Financial Services. Thomas Cook Financial Services need not respond to any claims or demands made after the expiration of such 30-day period. You may not undertake any legal proceeding against Thomas Cook Financial Services unless you have submitted a notice as set out above. Under no circumstances shall Thomas Cook Financial Services be liable to you for an amount in excess of one hundred dollars ($100).
Thomas Cook Financial Services is a wholly-owned division of
Thomas Cook Canada Inc.
75 Eglinton Avenue East, Toronto, ON M4P 3A4
Ont. Registration Numbers: 04555751, 04555793
ADDITIONAL TERMS
Separate additional terms and conditions will apply to purchases of goods and services and other uses of portions of this Web Site and you agree to abide by such other separate additional terms and conditions.
SEVERABILITY
The Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
These Terms and Conditions, together with the Privacy and Security sections of this Web Site, constitute the entire agreement between Thomas Cook Financial Services and you regarding the subject matter of this agreement, and they supersede all prior or contemporaneous communications, whether electronic, oral or written between Thomas Cook Financial Services and you with respect to such subject matter.