Please read these Terms and Conditions of Sale carefully. Any flight charters offered by EDGARD on the www.edgard.ca website (the “EDGARD Platform“) constitutes acceptance of all of the terms and conditions set forth below, which form an integral part of and govern your contractual obligations with EDGARD, as such terms are defined below.
For purposes of this Agreement, the terms “EDGARD”, “we”, “us” and “our” refer to the EDGARD Platform which can be reached at 819-277-6072 or info@edgard.ca. The term “you” refers to the employer who has duly subscribed to the EDGARD Platform (a “Member”) and who makes a reservation with us on the EDGARD Platform or through one of our customer support representatives. The term “Carrier” means any airline that offers charter or co-charter flights through the EDGARD Platform and with which you choose to do business.
1.1 General conditions of online sales. By clicking on the “[Book]” button on the EDGARD Platform, you agree to charter the selected flight(s), on the terms and conditions agreed upon at the time of selection and subject to these Terms and Conditions of Sale, our Terms of Use and our Privacy Policy. You declare and warrant that: (a) you are the duly authorized representative of a legal entity (corporation, partnership, limited partnership, joint venture, not-for-profit legal entity) that employs individuals who travel from time to time on behalf of the Member, (b) you have reached the age of majority in your province of residence, (c) you have the legal right to incur a binding obligation on behalf of the Member, (d) you will use the EDGARD Platform in accordance with these Terms of Use and exclusively on behalf of the Member, (e) you will use the EDGARD Platform only to make legitimate travel reservations for employees of Member made on behalf of Member, (f) you will inform such employees of the Terms of Use that apply to the reservations you make on their behalf, including all rules and restrictions applicable thereto, and (g) all information provided by you on the EDGARD Platform is true, accurate, valid and complete.
1.2 Chartering and Co-chartering. By making a reservation on the EDGARD Platform, you accept the Terms and Conditions and acknowledge and agree that the selected flight will be subject to the terms and conditions herein and the terms and conditions of the carrier. The term “charter”, “chartering” or any similar term used herein shall be deemed to include “co-charter”, “co-chartering” or any similar term.
1.3 Prices and applicable taxes.
1.3.1 Unless otherwise specified, all prices quoted are in Canadian dollars, based on carrier fares, fuel costs, taxes and other charges in effect at the time the flights are quoted and/or arranged. Price updates may be made at any time without notice following publication of the flights. Before proceeding with the chartering, it is appropriate to validate whether any changes have been made to the prices since they were published.
1.3.2 Prices quoted are based on specific dates and are calculated to represent the cost of the flight on the date quoted. For any alternative dates or services other than those listed on the EDGARD Platform, different prices may apply. Transportation prices are established with the carriers according to the terms and conditions required by the organization that has chartered the flight. Prior to booking, prices may change in real time depending on availability, without prior notice. In particular, prices may increase due to the imposition of a fuel surcharge by the carrier or due to costs related to de-icing, hangar space, unforeseen airport fees, catering services, ground transportation, as well as costs related to unforeseen delays or additional services requested by passengers. Flight times may vary depending on air traffic control, weather conditions or other factors.
1.3.3 The fare is only guaranteed once the flight booking transaction has been completed and tickets have been issued.
1.3.4 Prices shown include the Quebec Provincial Sales Tax (“QST“) and the Federal Goods and Services Tax (“GST“).
1.4 Payment. By verbally providing or entering the employer’s credit card number on the EDGARD Platform to make any payment, you agree to abide by the terms of the reservation, even if you have not signed any form, and this action constitutes automatic acceptance of these Terms and Conditions of Sale, the Terms of Use and the Privacy Policy of EDGARD and the carrier or other supplier or partner. No reservation can be completed without full payment by the Member at the time of chartering.
1.5 Billing. Billing will be done at the time of online chartering.
1.6 Ticket delivery. Tickets will be transmitted upon receipt of full payment at the time of online chartering. It is your responsibility to ensure that the tickets are consistent with the reservation and that the names are identical to the official travel documents.
1.7 Travel Insurance. EDGARD recommends that passengers purchase insurance to cover risks before, during, and after the flight. EDGARD is not under any responsibility to you or any traveler (your employees) without travel insurance. It is the traveler’s responsibility to purchase insurance, if applicable, or to check the terms and coverage amounts of their existing insurance and the number of days covered and, if necessary, to purchase additional insurance.
1.8 Role of EDGARD. You acknowledge and agree that EDGARD is not a carrier. EDGARD acts solely as an intermediary between Members and carriers. EDGARD shall not be liable for any injury, damage or loss caused by the negligence or default of any person providing services in respect of transportation or any person. The purchase of airline services on the EDGARD Platform is subject to the terms and conditions and policies of the carriers
1.9 Canada Transportation Act. You acknowledge and agree that (i) sections 66 to 67.2 of the Canada Transportation Act (S.C. 1996, c. 10) do not apply to the terms and conditions of carriage of flights chartered through the EDGARD Platform, pursuant to section 68(1. 1) of the said Act, and (ii) sections 2 to 24 of the Air Travellers Protection Regulations (SOR/2019-150) do not apply to the terms and conditions of carriage of chartered flights through the EDGARD Platform, pursuant to section 4(1)(a) of the said Act.
2.1 Registration. It is your (and your traveler’s) sole responsibility to verify the departure schedule within 24 hours prior to departure directly with the carrier. In addition, it is your (and your traveler’s) sole responsibility to arrive at the transportation location in advance of the scheduled departure time in order to ensure that transportation is provided as recommended by the carrier, EDGARD, or according to the usual standards and practices.
2.2 Identification. In order to board a flight, your employee travelers are required to present a valid government-issued photo ID that includes the following information: name, date of birth and gender. In this regard, we invite you to check the carrier’s terms and conditions, which can be found on the Edgard Platform at the following link: [INSÉRER LIEN].
2.3 Denied boarding. In the event that you are denied boarding by one of the carriers, we invite you to check the carrier’s terms and conditions of carriage to determine the amount of compensation you may be entitled to in relation to any delays that may have been caused to you. We will not assume any responsibility if you are denied boarding and, consequently, transportation by the carrier, which can be consulted on the Edgard Platform at the following link : [INSÉRER LIEN].
2.4 Pregnant women. We invite you to check the carrier’s terms and conditions, which can be found on the Edgard Platform at the following link [INSERT LINK], for more information regarding the policy for pregnant women. EDGARD assumes no responsibility if a pregnant woman is denied boarding by a carrier.
2.5 Luggage. The transportation of items and/or baggage and related fees, if any, are subject to the terms and conditions of the carriers which we invite you to consult at the following link: [INSERT LINK]. In addition, you should review the luggage allowance information contained in your electronic tickets. Upon request, EDGARD will direct you to the appropriate resources to obtain details of the conditions and fees relating to luggage that you must comply with. EDGARD is not responsible for any loss or damage to your luggage or personal effects.
2.6 Hazardous materials and electronic equipment. We encourage you to check the carrier’s terms and conditions, which can be found on the EDGARD Platform at the following link: [INSERT LINK], for more information regarding policies related to the transportation of hazardous materials and electronic equipment.
2.7 COVID-19. Additional requirements or conditions may be required by the carrier pursuant to guidelines issued from time to time by Transport Canada, Public Health or any other authority in relation to COVID-19. We invite you to verify the carrier’s conditions at the following link: [INSERT LINK], and the Government of Quebec or Canada website, whichever is applicable.
2.8 Delay, modification or cancellation of a flight.
2.8.1 Delay, modification or cancellation of a flight by EDGARD. In the event that EDGARD cancels your flight, EDGARD’s liability shall be limited to refunding the amounts paid for the cancelled flight, except for cancellations, changes and modifications caused by an “act of God”, in which case no refund will be due to you. EDGARD shall not be liable for any damages whatsoever caused by such cancellation, change or modification and no refund will be made to you for amounts not recoverable by EDGARD or for expenses already incurred by EDGARD. EDGARD is committed to collaborating in good faith with you to provide you with a reservation comparable to the one that was cancelled, changed or modified. In addition, EDGARD reserves the right to substitute carriers or aircraft types, add stopovers along the way, or make any operational changes, all at our discretion, with or without prior notice.
2.8.2 Modification or cancellation by you. Any changes or cancellations made by you are subject to the terms and conditions stated at the time of booking. EDGARD reserves the right to charge a cancellation or modification fee which, in such cases, will be communicated at the time of booking.
2.8.3 Delay, modification or cancellation by a carrier or other third party. EDGARD has no obligation and will not make any refunds for delays, cancellations, overbooking, strikes, “acts of God” or other causes beyond its control, and assumes no responsibility for additional expenses, omissions, delays, itinerary changes or actions taken by any government or other authority.
2.9 Interruption of a flight. EDGARD will regularly inform you of any flight interruptions and provide you with relevant information, including the nature of the interruption, in a timely manner using the following methods :
3.1 Commitment to comply with the terms and conditions imposed by the carriers or any other supplier. Additional terms and conditions will apply to selected flight chartering. You agree to comply with the terms and conditions of purchase imposed by any carrier with whom you choose to do business, including compliance with the carrier’s rules and restrictions regarding availability and use of products and services. Carrier terms and conditions can be found on the Edgard Platform at the following link: [INSÉRER LIEN].
3.2 Applicable law. These Terms and Condition of Sale shall be governed by the laws applicable in the Province of Quebec and the applicable laws of Canada, without regard to conflict of laws. You hereby agree that any dispute arising out of or relating to the use of the EDGARD Platform shall be subject to the jurisdiction of the Quebec courts in the district of Rouyn-Noranda.
3.3 Update and Amendment of the Terms and Conditions of Sale. EDGARD reserves the right to update these Terms and Conditions of Sale at any time without notice. You can see when the Terms and Conditions of Sale were last updated by checking the “last updated” date at the top of the Terms and Conditions of Sale.
3.4 Help Desk. If you have any questions or concerns regarding your use of the EDGARD Platform, please contact us using the contact information at the beginning of these Terms and Conditions of Sale.
