Travel Liability Waiver

AS A PARTICIPANT IN ONE OF ESSENTIAL MEETINGS’ ORGANIZED TRAVEL PROGRAMS, I AND HEREBY RELEASE, WAIVE, INDEMNIFY, DEFEND, AND HOLD HARMLESS ESSENTIAL MEETINGS AND ITS AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, FOR BODILY INJURY DEMANDS OR CAUSES OF ACTION OF ANY TYPE, INCLUDING PROPERTY DAMAGE OR PERSONAL INJURY, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPATION IN ANY TRAVEL PROGRAM WITH WHICH I WILL BE INVOLVED. I AM AWARE THAT THERE ARE POSSIBLE RISKS AND DANGERS ASSOCIATED WITH MY PARTICIPATION. I ASSUME FULL RESPONSIBILITY FOR ANY INJURIES OR DAMAGES I MAY SUSTAIN AS A RESULT OF MY PARTICIPATION, INCLUDING TRAVEL TO OR FROM THE TRAVEL PROGRAM DESTINATION. IN ADDITION, I ASSUME LIABILITY FOR AND AGREE TO INDEMNIFY AND TO HOLD ESSENTIAL MEETINGS, PARTNERS AND ITS EMPLOYEES HARMLESS FOR ALL CLAIMS OR DAMAGES CAUSED, IN WHOLE OR IN PART, BY ME AND ANY NEGLIGENT, INTENTIONAL, OR OTHER ACT OR OMISSION ON MY PART.

Essential Meetings provides incentive travel services to our business clients, which are provided by separate and independent vendors of travel services. Essential Meetings does not operate, control, or otherwise provide the services of the independent travel vendors. Essential Meetings acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that Essential Meetings shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

Insurance Acknowledgment

Essential Meetings has made the purchase of travel insurance available to me. By checking the “I agree” box on the Registration Form, I acknowledge that I have been made aware of the availability of travel protection or trip insurance, either through Manulife or any other insurance source. I also understand that travel insurance may protect me from possible loss of money due to supplier bankruptcy or default; unexpected trip cancellation or interruption due to accident, sickness, or death; baggage loss, medical expenses, or emergency air transportation costs; as well as other situations that are beyond my control.

Website Terms of Use

Legalese: Essential Meetings needs to let you know about the legalities of using the Essential Meetings Traveller website. This document sets out those terms and conditions (the “Agreement”) under which Essential Meetings (“we”, “us”, “our”) allow you (“you”, “your”) to use our website (“Website”), whether you do so just to find out about us and our services or to carry out booking of travel services and other activities using the Website.

If you are visiting our Website as what we call a Traveller, Visitor, Client or Guest, your use of the Website confirms that you agree to this Agreement. To access other services or parts of the Website, you will have to confirm that you have read, accepted and agreed to this Agreement by clicking on “Accept” or you will not be able to view or use those portions of the Website.

THIS AGREEMENT LIMITS THE LIABILITY OF ESSENTIAL MEETINGS, GRANTS YOU A LIMITED LICENSE AND GIVES ESSENTIAL MEETINGS OWNERSHIP OF AND CONTROL OVER INFORMATION YOU PROVIDE. ALL PERSONAL INFORMATION PROVIDED BY INDIVIDUALS ALSO BECOMES SUBJECT TO ESSENTIAL MEETINGS’ APPLICABLE PRIVACY POLICY.

Help and feedback

If you require assistance using any Essential Meetings website(s), help in understanding the terms and provisions of this document, or you wish to provide us with feedback please call us at 1 (403) 245-6128 or 1 (877) 661-6866 or email us at info@essentialmeetings.ca.

Definitions

A “Traveller” is any individual travelling on an Essential Meetings organized travel program and obtaining travel services from or through Essential Meetings or any other entity, whether in connection with travel services from or through Essential Meetings or otherwise. Travellers may include any person who has an account with Essential Meetings, or who is accessing the Website to view Data or other information about themselves or another individual on whose behalf they are authorized to act, such other information including travel itineraries, hotel accommodations, tours and excursions.

Please note that Essential Meetings collects and archives your IP address to use and disclose for identification and legal purposes in the event of unauthorized use or misuse of a credit or payment card fraud related to an online booking.

The “Data” means any and all records, documents, data and information related to travel arrangements and bookings for Guests, including without limitation information with respect to all travel arrangements, itineraries and schedules, contact persons, holders of credit or debit cards, dates and times of flight arrival, airlines and flight numbers, arrival and departure dates and times, hotel, lodging, accommodation bookings and schedules, Personal Information related to Guests and persons accompanying Guests, bookings on other carriers, including airlines, bus lines, limousines, chauffeurs, tour operators and similar service providers, rental car bookings, and related matters.

“Personal Information” means all information about a Guest, about you, or about any other identifiable individual, including, without limitation, name, date of birth, age, gender, travel arrangements, financial information, credit or debit card and billing information, health information, allergies, food preferences, seating preferences, height, weight, consumer type and any and all other information related to or that can be connected with an identifiable individual.

Purpose for access

You agree that the purpose for our providing you with access to the Website is to allow you to obtain information and (where applicable) upload, download, create, edit, modify, add to and delete from the Data for purposes reasonably connected to making, modifying, booking, viewing, checking and managing the travel plans, schedules, itineraries and arrangements of you and/or Guests on behalf of whom you have the authority to do so, and in addition to generate and review reports on your activities, or those of Guests you act on behalf of as may be permitted by Essential Meetings from time to time. Once received by Essential Meetings, the Data becomes part of a database, which Essential Meetings owns. Any Personal Information in the Data will be collected, used and disclosed by Essential Meetings pursuant to consent provided by you and the Essential Meetings Privacy Policy.

Waiver

You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as nasty human activity. While Essential Meetings will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall Essential Meetings be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence of Essential Meetings.

Disclaimer

ESSENTIAL MEETINGS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN “AS IS, WHERE IS”, AND “AS AND WHEN AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, ESSENTIAL MEETINGS DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. ESSENTIAL MEETINGS MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. ESSENTIAL MEETINGS FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE.

Essential Meetings strives to ensure information is accurate and current. However, we make no representations to you about the accuracy of the information contained on the Essential Meetings website, or the reliability of the reservations services provided herein. This includes, without limitation, the availability of seating on any particular flight regarding fare class, flight number, price, departure and return dates and times, connecting flights and the like.

Limitation of damages

You further agree Essential Meetings will not be liable to you for any damages you may suffer and that IN NO EVENT WILL ESSENTIAL MEETINGS BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of this Website, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, OR FROM DEFAMATION, LIBEL OR SLANDER, or any other damages whatsoever, whether or not Essential Meetings shall have been advised of the possibility of such damages.

Further disclaimer of Essential Meetings

While Essential Meetings will make reasonable commercial efforts to make the Data available on a reasonable basis, Essential Meetings accepts no obligation to do so on any pre-agreed basis or at all. Essential Meetings may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, Essential Meetings shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. Essential Meetings has no control over such third parties and no event will Essential Meetings be liable for any reliance by you on the Data.

Enforcement

Essential Meetings’ performance of its obligations under this agreement is subject to all applicable laws and regulatory requirements. Nothing contained in this agreement is in derogation of Essential Meetings’ rights and obligations to comply with law enforcement requests or requirements relating to your use of the Essential Meetings website or information provided to, or gathered by Essential Meetings with respect to such use.

Indemnity

You agree to indemnify and save harmless Essential Meetings for any damages sustained should you breach your warranties and representations or any term or condition of this Agreement.

Grant of limited license

Essential Meetings grants to you a non-exclusive, limited and revocable license to download and view the Data and other content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.

Other sites

You agree that Essential Meetings has no control over the content or performance of any website linked to or from this Website, that Essential Meetings expresses no opinion concerning the content or performance of any such website, and that Essential Meetings shall in no event be held liable or responsible for the content of any such website.

Governing law

This Agreement shall in all respects be governed by the laws of the Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts in the City of Calgary, Alberta, Canada. You expressly submit to and attorn to the exclusive jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Essential Meetings from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Agreement. Use of the Essential Meetings website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.

Copyright and trademark notices

All contents of the Essential Meetings website(s) are: Copyright © Essential Meetings. Other trade-marks of third parties on the website are the property of such parties, used with permission. All rights are expressly reserved.

Have a question that isn't answered here? Contact Essential Meetings at freshco@essentialmeetings.ca