Website Terms of Use
A big THANK YOU from Flair Ltd for using our website: www.flairair.ca and any other digital properties we own.
Our goal is to make this site simple and useful for getting you a low fare. Here to there.
Flair Ltd reserves the right at any time to change this Agreement as well as any products or services contained on or referred to in our website or other digital properties. Changes to this site can be made at our discretion, without notice or liability.
To access other services or parts of the website, you may 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.
You may not assign this Agreement to another individual or entity. It is and shall remain personal to you.
Once received by Flair Air, data that has been inputted becomes part of a database, which Flair Air owns. Any personal information contained in the data will be collected, used and disclosed by Flair Air pursuant to consent provided by you and the Flair Air Privacy Policy.
Flair does not endorse companies, other than our service provider carrier, persons or entities associated with other websites linked via our website or digital properties. The words, graphics and other information on third party websites are not maintained, operated or controlled by Flair Air. Nor does Flair Air provide guarantees of any kind regarding information featured on these websites. As a website user, you assume sole liability for the use, access and employment of third party sites and content.
Flair does not permit you or other users to link or provide references to our website nor to any visual identifiers owned by Flair Air, nor to our site address, URL, link, or trademarks to provide such links or references, without written agreement.
By using or accessing our website, you represent and warrant that you:
- are at least 18 years of age, and have the legal right and ability to enter into this User Agreement and to use or access our website in accordance with its Terms;
- agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access our website under or using your name or profile; and
- have obtained all necessary authorizations, consents and approvals from any third party to submit information, including personal information and to delete or modify information;
- by entering into this User Agreement and using and accessing our website, including purchasing any products and/or services contained herein, you are not breaching any contract, obligation, agreement, or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
- accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of our website under your name or profile, as well as all use of others using your name or profile on our website;
- have submitted or will submit, or others using or accessing our website under or using your name or profile have submitted or will submit, information, content or material which is true and accurate.
- will not use, without limitation, proxies, DNS relay services, virtual private networks (VPNs) or any other means of electronic transmission to change or obfuscate your digital identity while using and accessing our website. Your digital identity includes, without limitation, your IP address, the geolocation data associated with your IP address, your ISP information, packet headers or any other metadata that may assist us in confirming your identity.
Without limiting the generality of the foregoing, you agree that, in using or accessing our website, you shall not commit or participate in any of the following acts or actions, each of which is expressly prohibited under this User Agreement:
- directly or indirectly, use or access, solicit, permit, encourage, facilitate, aid, assist or abet, including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of our website through any manual process or any automatic, electronic or technical device, including but not limited to automated robots, scripts, screen scrapers, crawls, deep-links, web “bots”, indexes, click-spams, spiders, macro programs, or any other software, device, program, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation: “screen scrape”; “data mine”; data process; access, copy, extract, aggregate, distribute, or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of our website;
- unless expressly provided for within these terms, create derivative works from or otherwise copy, display, license, publish, recreate, perform, reproduce, sell, transmit, transfer or otherwise distribute, edit, modify, add to, mirror, re-render, frame, inject, truncate, filer or change the order of any products, services, information, and software contained or offered on, or obtainable by, through or from our website. Without limiting the generality of the foregoing, shall not cause to appear any pop-up, pop-under, expanding buttons, exit windows, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of our website;
- use or access our website in such manner, or otherwise take any action, that taxes our infrastructure to a disproportionate and/or unreasonable extent, or reduces the speed of our website, that otherwise interferes with the normal functioning of our website or otherwise abuses or overuses our website;
- circumvent, or attempt to circumvent, any precautions and/or measures taken by Flair Air to prevent the use or access of our website, or any other action, in violation of this User Agreement;
- access our website to make any fraudulent, speculative, or false reservation, or any reservation in anticipation of demand. Flair Air reserves the right to cancel any and all such prohibited reservations without notice and without liability; or
- engage in any other conduct or activity that either conflicts with this User Agreement or that Flair Air deems, in its sole, unfettered and absolute discretion, to be in conflict with this User Agreement.
Computer records are stored in reasonably secure conditions by Flair with respect to the data, the website, Flair Air digital properties and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the data, website and our digital properties. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, hard drive, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.
FLAIR AIRLINES NOR ANY OF ITS PARTNERS MAKE ANY COMMITMENT TO UPDATE FLAIR AIRLINES CONTENT. FLAIR AIRLINES AND ITS PARTNERS DO NOT WARRANT THAT THE FLAIR AIRLINES DIGITAL PROPERTIES WILL OPERATE ERROR-FREE OR THAT ANY SERVER USED IN CONNECTION WITH THE FLAIR AIRLINES DIGITAL PROPERTIES IS OR WILL BE FREE OF ANY MALWARE, SPYWARE, VIRUS, WORM, TROJAN HORSE, BACKDOOR OR OTHER PROGRAM CODE OR PROGRAMMING INSTRUCTIONS DESIGNED TO DISRUPT, DISABLE, HARM INTERFERE WITH OR OTHERWISE ADVERSELY AFFECT COMPUTER PROGRAMS, OPERATING SYSTEMS DATA FILES OR OPERATION OR HARDWARE. YOU ACCESS AND USE FLAIR AIRLINES WEBSITES AT YOUR OWN RISK.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FLAIR AIRLINES, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND FLAIR AIRLINES HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FLAIR AIRLINES MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
IN NO EVENT SHALL FLAIR AIRLINES OR ITS SUPPLIERS, AGENTS AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF FLAIR AIRLINES DIGITAL PROPERTIES AND FLAIR AIRLINES CONTENT OR WITH THE DELAY OR INABILITY TO USE THE FLAIR AIRLINES DIGITAL PROPERTIES OR FLAIR AIRLINES CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, DELETION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS AND OTHER DAMAGE TO COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR DATA OR INFORMATION OR PROGRAMS, WHETHER SUCH DAMAGES OR INJURIES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FLAIR AIRLINES OR ITS SUPPLIERS, AGENTS, PARTNERS AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF FLAIR AIRLINES shall, in all cases, be limited to a MAXIMUM of the SUM OF ONE THOUSAND DOLLARS ($1,000.00) IN CANADIAN CURRENCY.
Flair is free to reproduce, use, disclose and distribute the information without limitation and without liability. Flair shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing and marketing campaigns, products and services incorporating such information – without obligation of any kind, nor any indebtedness or need to recognize the originator of said ideas, inventions, techniques or suggestions.
You acknowledge and agree that the Software is protected by copyright laws and international treaties, and that any reproduction or redistribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties. . WITHOUT LIMITING THE FOREGOING: COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, MODIFICATION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THIS USER AGREEMENT, AS THE CASE MAY BE.
You acknowledge and agree that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations. You agree not to export, modify or re-export the Software, directly or indirectly, in contravention of such laws and regulations.
This agreement grants no rights, only privileges and permission. You agree that Flair Air, in its absolute discretion, will be the sole judge of whether you have breached any provision of this agreement and that any privileges or permission granted to you as an individual under this agreement may be revoked, suspended or terminated by Flair at any time without notice.
This User Agreement shall be deemed to have been made in the Province of Manitoba, Canada, and shall be governed in all respects by the laws of the Province of Manitoba, Canada, and the federal laws applicable therein, without regard to its conflicts of law principles. You submit to the exclusive jurisdiction of the courts situated in the City of Winnipeg, Province of Manitoba for the all disputes or disagreements arising pursuant to, or transactions and relationships contemplated by, this User Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court. You agree that Flair may commence an action in any court of competent jurisdiction in order to enforce these Terms and to seek damages and/or equitable relief against you for any breaches by you of these Terms. You agree and understand that you will not bring against Flair Air, or any of its affiliates or related entities, and the directors, officers, agents, partners, suppliers or and/or employees any class action lawsuit related to your access to, dealings with, or use of our website.
These Terms of Use shall constitute the entire agreement between you and Flair with respect to our website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Flair with respect to our website. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In the event that any provision of these Terms of Use conflicts with the law under which this these terms are to be construed or if any such provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible its original intention, and such restated provision shall remain in full force and effect.
A delay, omission or failure by Flair to exercise any right or power under this User Agreement shall not be construed to be a waiver by Flair of such or any other right or power, which Flair may assert at any time or against any person.
The terms and conditions of Flair service provider carrier Reservation Terms & Conditions, incorporated herein by reference, as well as any terms and conditions contained on our website or in any of our published schedules or on any ticket or receipt provided by Flair Air, govern the transportation by Flair service provider carrier, suppliers, affiliates of passengers, baggage and cargo. You shall be bound by all such terms and conditions should you purchase a ticket or accept transportation with Flair service provider carrier. You acknowledge and agree that other products and services contained on, referenced or described in or obtained or obtainable through our website or digital properties, whether such products or services are those of Flair or its service provider carrier, or third party service providers, are subject to terms and conditions, including but not limited to terms and conditions respecting payments of amounts due and availability of fares, products or services, and you agree to abide by all such terms and conditions.
All contents of the Flair website are copyright © Flair Ltd. Other trade-marks of third parties on the website are the property of such parties, used with permission. All rights are expressly reserved.