Terms and Conditions of Use

IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

Acceptance

This is an Agreement between You and Air Passenger Rights.

In this Agreement:

  • “You” means you and all persons you represent (and for the purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity).
  • “Website” means AirPassengerRights.ca and /or its subdomains, and/or any domain redirecting to them, and/or any content posted there.
  • "Air Passenger Rights" means any affiliated or sponsoring individuals or entities operating and/or related to the Website, including, without limitation, volunteers and/or authors.

Each time you access or use the Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.

If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.

You agree not to undertake activities so as to allow third parties to access or use this web site without accepting and agreeing to this Agreement.

Changes to this Agreement

Air Passenger Rights may, in its sole discretion, change this Agreement from time to time as it relates to future access or use of the Website, by posting a revised Agreement on the Website. By accessing or using the Website after a revised Agreement has been posted, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by the revised Agreement. You may not change this Agreement in any manner.

No Legal Advice

You explicitly acknowledge that the material on the Website is provided for information and advocacy purposes only, and does not constitute legal advice.

If you are involved in a travel-related dispute, Air Passenger Rights strongly recommends that you research the law on your own and/or seek legal advice from a qualified lawyer. We recommend that you contact the lawyer referral service of the law society of your province.

Disclaimer of Warranties

The Website is operated by volunteers, who are not lawyers, and provided “as is” for informational and advocacy purposes only.

Air Passenger Rights makes no representations or warranties regarding the Website, including, without limitation, no representation or warranty that the Website will be accurate, complete, reliable, suitable, timely, or up-to-date.

You acknowledge and agree that use of the Website is entirely at your own risk.

Indemnity

You agree to release, indemnify, defend, and hold harmless Air Passenger Rights from and against any and all claims, actions, suits, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements, whether made by a third party or not, arising from or resulting directly or indirectly from:

  • breach of any of the terms and conditions of this Agreement;
  • access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time;
  • use of, reliance on, communication with, or distribution, uploading or downloading of anything on or from the Website; and
  • violation of any law or regulation.

Linking

The Website contains links to third-party websites. These links are provided solely as a convenience to You and not as an endorsement by Air Passenger Rights of the contents of such third-party websites. Air Passenger Rights is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation, any representation or warranty:

  • regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on any third-party website;
  • regarding the merchantability of fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or
  • that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

Air Passenger Rights reserves the right to prohibit or refuse to accept any link to the Website.

Governing Law and Jurisdiction

This Agreement, your access and use of the Website, and all related matters are governed solely by the laws of Nova Scotia, Canada and the applicable federal laws of Canada, without regard to the conflict of laws principles thereof.

Any dispute initiated by you against Air Passenger Rights shall be resolved before the courts of the Province of Nova Scotia, Canada sitting in the City of Halifax, and You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all such disputes.

General

Any consent by Air Passenger Rights to, or waiver of, a breach of this Agreement which You have committed, whether expressed or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.

You may not assign or transfer this Agreement or any right or obligation hereunder.

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.

Except for any agreements with Air Passenger Rights that expressly reference this Agreement, this is the entire agreement between you and Air Passenger Rights relating to the matters contained herein