Terms and Conditions

THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. BY USING OUR SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR SERVICE.

Elite Flyer Inc. is a travel agency licensed by Consumer Protection B.C. (#79715), located at Vancouver B.C. The terms “we”, “us”, “our”, “Elite Flyer” refer to Elite Flyer Inc., and “service” or “services” refers to the provisioning of airline ticket reservations to customers. The term “you”, “your”, “client”, or “customer”, in the singular or plural, refers to a person visiting our website and/or who uses our service, and/or somebody who contacts Elite Flyer by telephone, facsimile, electronic mail, postal mail, courier, SMS text message, or any other means of communication for the purposes of using our service.

By using our service, you agree to the following terms and conditions:

  1. THE CUSTOMER AGREES TO WAIVE ANY AND ALL LIABILITY THAT ELITE FLYER MIGHT HAVE. THE CUSTOMER FURTHER AGREES NOT TO HOLD ELITE   FLYER LIABLE FOR ANY NEGLIGENT CONDUCT.
  2. THE CUSTOMER AGREES THAT ELITE FLYER WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO: INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES), WHETHER INCURRED BY ERROR OR OTHERWISE, FOR ANY REASON, TRIP DELAY OR CANCELLATION, OR ANY OTHER LOSS INCURRED AS A RESULT OF USING ELITE FLYER’S SERVICES.
  3. THE CUSTOMER IS SOLELY RESPONSIBLE FOR HAVING APPROPRIATE ENTRY DOCUMENTS AND TO COMPLY WITH ENTRY REQUIREMENTS FOR ANY OF THEIR DESTINATIONS OR TRANSIT POINTS AND MAKING THEMSELVES INFORMED OF THOSE ENTRY REQUIREMENTS. ELITE FLYER WILL NOT PROVIDE WARNING OR ADVICE REGARDING VISA, ENTRY OR OTHER DOCUMENT REQUIREMENTS. FAILURE TO COMPLY WITH A JURISDICTION’S ENTRY REQUIREMENTS MAY RESULT IN THE CANCELLATION AND FORFEITURE OF YOUR AIRLINE TICKET, LEGAL ACTION INCLUDING IMPRISONMENT OR OTHER LOSSES AND LEGAL CONSEQUENCES.
  4. ALL MONEY PAID TO ELITE FLYER IN ANY CURRENCY IS NON-REFUNDABLE UNLESS OTHERWISE EXPRESSLY NOTED.
  5. THE CUSTOMER IS RESPONSIBLE FOR MONITORING ANY CHANGES TO THEIR ITINERARY. ELITE FLYER MAY BE UNABLE TO COMMUNICATE A SCHEDULE CHANGE TO THE CUSTOMER.
  6. Any delay or failure in the performance by Elite Flyer shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purpose of this Agreement, Force Majeure shall mean a cause or event which prevents the performance of this Agreement or of any obligation hereunder by Elite Flyer by reason of war, civil disturbance, terrorism, fire, flood, earthquake, typhoon or other natural disaster, strikes, labor disputes, flight cancellations, schedule changes, technical errors, government issued danger/safety advisories/warnings, mechanical problems, pandemics (including the COVID-19 pandemic), governmental action, or any other act or condition whatsoever beyond the reasonable control of Elite Flyer, Elite Flyer will be excused from performance for so long as such cause continues.
  7. Once an airline reservation and ticket are issued, Elite Flyer assumes no responsibility or liability whatsoever for performance by the airline of its responsibilities under the ticket/booking, including, without limitation, any loss incurred by the customer because of subsequent flight changes or cancellations.
  8. Despite the limitations expressed in clauses 1 and/or 2, in no event is Elite Flyer’s liability for any damages on any basis, in contract, tort, or otherwise, or any kind and nature whatsoever, arising in respect of this Agreement, howsoever causes, including damages of any kind and nature caused by Elite Flyer’s negligence (including gross negligence), or by a fundamental breach of contract or any other breach of duty whatsoever, to exceed the amount of money paid to Elite Flyer by the customer.
  9. The customer expressly acknowledges and agrees that use of the service is at your sole risk. Risk as to the satisfactory quality, performance, accuracy and effort is entirely with the client. To the maximum extent permitted by law, the service is provided “as is”, with all faults and without warranty.
  10. Elite Flyer makes every effort to ensure the accuracy of information provided on this website, despite this, there may be some errors and Elite Flyer is not responsible for same.
  11. Elite Flyer ceases to owe the customer any obligations it may have under this Agreement after an airline ticket is issued.
  12. By engaging Elite Flyer’s services, the customer agrees that the customer is engaging Elite Flyer as an independent contractor and not an employee or agent. In no way do Elite Flyer’s services create a joint venture or partnership with the customer.
  13. Elite Flyer may amend, alter, and/or change this Agreement from time to time, and a copy of each proposed amendment, alteration and/or change will be made available by announcing such changes to each customer by electronic mail.
  14. All personal information is handled pursuant to our Privacy Policy <link> and Cookie Policy <link> and you expressly agree to the terms of our Privacy Policy and Cookie Policy therein referenced.
  15. You agree to verify your travel details, including flight numbers, origin/destination airports, flight times, flight services, class of service, and other relevant details directly with all airlines on your reservation 72 hours prior to travel.
  16. You acknowledge that you are bound by the Contract of Carriage or tariff of the airline(s) you are booked to travel with and agree to comply with all terms of those airlines.
  17. This Agreement shall be governed and interpreted in accordance with the laws of the Province of British Columbia to the exclusion of all other legal systems. Additionally, each party hereby attorns irrevocably and unconditionally to the exclusive jurisdiction of the Court of the Province of British Columbia to the exclusion of all other jurisdictions.
  18. The invalidity of any particular portion or section of this Agreement shall not affect any other provision herein and, in such event, this Agreement shall be construed as if such invalid provision was omitted. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be overly broad or unclear, that provision is to be construed to afford Elite Flyer the maximum protection permitted by law.
  19. Wherever the singular or masculine is used herein, same shall be deemed to include references to the plural, feminine or body corporate as necessary.
  20. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors, and assigns.

Use of Website and Services

As a condition precedent to visiting our website and using our service, you expressly warrant that:

  • You are at least 19 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein;
  • If you are using our services to book travel for people other than yourself, you have the legal authorization to do so;
  • If you are a resident of the European Union, you agree to our Cookie Policy – General Data Protection Regulation (EU) below;
  • Any information provided by you to us is accurate;
  • You nor any person for whom you are purchasing services for are subject to any sanctions enforced by the Government of Canada, any member of the European Union, the United Nations Security Council, the United States, or any other governmental authority worldwide; and
  • You are not a resident of Cuba, Iran, North Korea, Sudan, Venezuela, or Syria.

It is your responsibility to enquire on, and obtain, all required travel documents. Elite Flyer will not by liable for any and all consequences of inappropriate or missing travel documents. It is your responsibility to have a valid passport, visa and/or other travel documentation. A passport is the only reliable and universally accepted travel and identification document. Using other documentation such as travel documents or refugee status cards may result in delays or being denied boarding. We will assume that all travelers on the booking have valid passports, if this is not the case, you are required to let us know. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. 

Prices and Payment Methods

Prices

All prices, unless specified otherwise, are in Canadian dollars. Prices may be increased at any time and for any reason. For Ontario residents, in accordance with applicable regulation, where there is an increase of more than seven per cent (7%) in the price of services after a deposit has been paid for said services, and such price increase does not result from an increase in government taxes or a fuel surcharge allowed by the Canadian Transportation Agency, the customer has the right to cancel and receive a full refund. If you are a resident of Québec, an amount of $1 per $1,000 of purchased travel services, representing your contribution to the Fonds d’indemnisation des clients des agents de voyages (indemnity fund for clients of travel agencies), will be added to your invoice.

Payment Methods

Residents of Canada and the United States of America may pay on-line or by telephone using Visa, American Express or MasterCard credit cards. Some agencies might not accept all the credit cards mentioned before.

The travel products and services you reserve must be fully paid at the time of booking. Your credit card account will be debited and you will be informed of that transaction by means of the invoice sent to you at the time of booking. You agree to comply with booking terms and conditions whether or not you have manually signed an invoice or receipt. This transaction is final, non-refundable and non-transferable. Neither the purchaser nor the passenger may modify any details of the transaction. Booking of travel services constitutes a contract between the customer and Elite Flyer.

Cancellations & Modifications

Please be aware that flight and travel bookings are non-refundable and non-reroutable. Any changes or amendments to itinerary or passenger(s) details are either not permitted or will incur a penalty from the airline, travel supplier, or Elite Flyer as prescribed from time to time. Please see Invoice and Itinerary for penalty details. By acknowledging and accepting these Booking Terms and Conditions, Elite Flyer is hereby authorized by you to seek to recover any refunds/credits that may be available from any airline and other third party providers from time to time. Airline tickets are generally non-refundable once travel has commenced. If you cancel or change any flight segment or portion of your travel booking, you must advise the travel supplier prior to the time of the initial departure of travel booking or you will lose the value of the remaining portion of your purchase. Any amendments to quantity of passengers is subject to occupancy change costs levied by third party providers.

Subject to your compliance with the cancellation and modification policies of each tour operator or product/service supplier, Elite Flyer may charge a reasonable fee for any booking cancellation or modification.

Travel Protection

For your protection, we recommend that you purchase trip cancellation and travel accident protection.  However, no representation or description of the protection made by Elite Flyer to you, constitutes a binding assurance or promise about the protection. Elite Flyer is not an insurance company and has no responsibility for the submission, payment or adjustment of any insurance claims. Any claims that may fall under the relevant travel protection policy must be submitted to the insurance company identified in the policy. 

Liability for Products & Services and Customer Advisory

You acknowledge that Elite Flyer acts as a middle-person between you and carriers, hotels, tour operators and other service/product providers selected by you. Consequently, Elite Flyer cannot be held liable towards you or your fellow travelers for the services rendered, and/or the products offered, by such third party providers. Elite Flyer shall not be liable and assumes no risk for the obligations, or any default or negligence, of third party providers and for any damages including, among other things, damages due to delay, cancellation, loss of goods, sickness, injury, accident, quality of services, inconvenience, loss of enjoyment, disappointment, acts of God or force majeure.

Notice to Travelers

Travelers should be aware that different living standards and practices may exist outside of Canada including but not limited to: provision of utilities, e.g. Water and electricity; accommodations; services of all kinds; food; food preparation and water quality, and therefore:

  • Elite Flyer shall not be held responsible for any loss, damage, illness or injury resulting from different living standards. Keep the state of the local economy and the country’s level of development in mind.
  • The quality of hotels advertised by our third party providers has been rated in accordance with the normal standard of the destination and could be different from the standard of Canadian hotels. There is no international standard and they can vary greatly. 
  • Hotel ratings also vary between one travel supplier than another for the same product. We recommend that you inform yourself on the amenities and reviews of accommodations before deciding.
  • Service may be interrupted at any time for renovations, maintenance, or construction. Elite Flyer is an agent only and cannot be held responsible for quality or interruptions of service.
  • Do ask questions and research on your own to ensure that are you are prepared for every eventuality
  • It is possible that you will encounter minor difficulties that are sometimes unavoidable and uncontrollable. Please initially attempt to address the situation locally directly with travel supplier(s) and then contact your consultant.
  • Cruise lines generally collect pre-paid gratuities at time of check-in and possibly fuel surcharge. Please refer to your cruise documentation or inquire with your travel consultant.
  • Many independent third party providers require the presentation of a major credit card at the commencement of service to cover any additional incidentals and/or for potential damages. It is recommended that there is $1000.00 of available funds on the credit card.

Images

Images featured on this Web site are for information purposes only. Images and other graphic content should not be relied upon for the purposes of your booking and cannot be considered as part of this agreement.

Applicable Laws

This agreement is governed by the laws of the Province of British Columbia and you hereby submit and attorn to the jurisdiction of the courts in the City of Vancouver, British Columbia.

Contact Information

If you have any questions regarding your on-line booking, please contact us at:

Email: contact@eliteflyer.com

Telephone: 1-855-HI-FLYER

Warsaw and Montreal Conventions

Your travel is subject to the Contract of Carriage or tariff of the airline(s) you are flying. Your ticket may be subject to liability limits or exclusions in the event of delay, accident, or other incidents. These limits and exclusions may be subject to domestic and/or international law, including the Warsaw Convention (1929) or the Montreal Convention (1999). It is your responsibility to make yourself aware of what terms, law, liability limits and exclusions apply to your trip. Please direct any questions regarding these terms to the airline directly.

Air Passenger Protection Regulations

If you are denied boarding, your flight is cancelled or delayed at least two hours, or if your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations.

Air carriers also publish their tariffs on their websites. The tariff set out terms and conditions of carriage that apply to your travel. You may view these documents online or ask your carrier for a copy.

For more information about your passenger rights, please contact your air carrier, or visit the Canadian Transportation Agency’s website.

Canadian Transportation Agency (CTA) information

The CTA serves as a dispute resolution authority over certain air transportation related issues. For more information or to issue a complaint with the CTA’s dispute resolution branch, please consult the Canadian Transportation Agency (https://rppa-appr.ca/eng/splashify-splash).

European Union

If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.