• ehCanadaTravel.com provides an online platform that connects participating members who have accommodations to list and book with guests seeking to book such accommodations (collectively, the “Services“), which Services are accessible at www.ehCanadaTravel.com and any other websites through which ehCanadaTravel.com makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).

  If you are using the Site, Application or Services and you reside in Canada, these Terms of Service are between you and ehCanadaTravel.com. If you reside outside of Canada, these Terms of Service are between you and ehCanadaTravel.com. (ehCanadaTravel.com are hereinafter referred to as “ehCanadaTravel.com“, “we“, “us“, or “our“).

  “Accommodation” means residential and other properties, as well as, all types of attractions, tours and guiding companies..

  “ehCanadaTravel.com Content” means all Content that ehCanadaTravel.com makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

  “Booking” means a limited license granted by the Participating Members to the Guest to enter and use the Listing for the duration of the confirmed booking, during which time the Participating Members (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Participating Members .

  “Booking Request Period” means the time period starting from the time when a Booking is requested by a Guest (as determined by ehCanadaTravel.com in its sole discretion), within which Participating Members may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

  “Collective Content” means Member Content and ehCanadaTravel.com Content.

  “Communication” means contact between Participating Member and Guest through various forms of contact.

  “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

  “Guest” means a Member who requests from a Participating Member a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Participating Member for the associated Listing.

  “Participating Members” means a Member who creates a Listing via the Site, Application and Services.

  “Listing” means an Accommodation that is listed by a Participating Member as available for Booking via the Site, Application, and Services.

  “Member” means a person who completes ehCanadaTravel.com’s account registration process, including but not limited to Participating Members and Guests, as described under “Account Registration” below.

  “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile, Social Travel profile or ehCanadaTravel.com promotional campaign to be made available through the Site, Application or Services.

  “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention centre fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

"Social Travel" means the interactive and content marketing tools available to Participating Members on ehCanadaTravel.com.

• Terms of Service

  By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and ehCanadaTravel.com. Please also read carefully our Privacy Policy.

  In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

  If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

  THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTICIPATING MEMBERS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE PARTICIPATING MEMBERS. YOU UNDERSTAND AND AGREE THAT EHCANADATRAVEL.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTICIPATING MEMBERS AND GUESTS, NOR IS EHCANADATRAVEL.COM A REAL ESTATE BROKER, AGENT OR INSURER. EHCANADATRAVEL.COM HAS NO CONTROL OVER THE CONDUCT OF PARTICIPATING MEMBERS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  IF YOU CHOOSE TO CREATE A LISTING ON EHCANADATRAVEL.COM, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH EHCANADATRAVEL.COM IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF EHCANADATRAVEL.COM FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF EHCANADATRAVEL.COM. EHCANADATRAVEL.COM DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF EHCANADATRAVEL.COM, INCLUDING BY INAPPROPRIATELY USING ANY EHCANADATRAVEL.COM INTELLECTUAL PROPERTY.

  YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

• Modification

  ehCanadaTravel.com reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your ehCanadaTravel.com Account you will be deemed to have accepted the changes.

• Eligibility

  The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

  For users in the Canada, ehCanadaTravel.com will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside Canada, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from ehCanadaTravel.com’s vendors.

• How the Site, Application and Services Work

  The Site, Application and Services can be used to facilitate the listing and Booking of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Participating Members. You may view Listings as an unregistered visitor to the Site, Application and Services.

  As stated above, ehCanadaTravel.com makes available an online platform or marketplace with related technology for Guests and Participating Members to meet online and arrange for Bookings of Accommodations directly with each other. ehCanadaTravel.com is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, attractions, tours, guides nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, attractions, tours, guides and ehCanadaTravel.com does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, attractions, tours, guides or transportation or travel services. Unless explicitly specified otherwise in the ehCanadaTravel.com platform, ehCanadaTravel.com’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

  PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PARTICIPATING MEMBERS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. EHCANADATRAVEL.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. EHCANADATRAVEL.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

• Accommodation Listings

  As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Participating Members preferences, account views, Participating Members interactions on Social Travel Profile, ratings and/or ease of Booking.

  Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request.

  You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as local Chamber of Commerce, or other third party agreements, and (ii) will be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations). Please note that ehCanadaTravel.com assumes no responsibility for a Participating Member’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. ehCanadaTravel.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that ehCanadaTravel.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

  If you are a Participating Member, you understand and agree that ehCanadaTravel.com does not act as an insurer or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and ehCanadaTravel.com is not a party to it.

  When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Accommodation, such as requiring Members to have a verified phone number, valid credit card in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the details section of the Site, Application and Services.

  If you are a Participating Member, ehCanadaTravel.com makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Booking for your Accommodation. You acknowledge and agree that, as a Participating Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

  ehCanadaTravel.com recommends that Participating Members obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while participating or at your Accommodation.

• No Endorsement

  ehCanadaTravel.com does not endorse any Member, Listing or Accommodation.

  Members are required by these Terms to provide accurate information. Although ehCanadaTravel.com may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

  By registering for an ehCanadaTravel.com Account, you agree that ehCanadaTravel.com may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency.

  Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by ehCanadaTravel.com about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Participating Member or to accept or preapprove a Booking request from a Guest, or to have any other interaction with any other Member. ehCanadaTravel.com is not responsible for any damage or harm resulting from your interactions with other Members.

  By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from ehCanadaTravel.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Participating Members against ehCanadaTravel.com regarding the remittance of payments received from a Guest by ehCanadaTravel.com on behalf of a Participating Members , which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

• Key definitions

  “Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation or participation in an attraction. The Participating Members alone, and not ehCanadaTravel.com, is responsible for the Accommodation Fees for his or her Listing. The Participating Members may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the ehCanadaTravel.com platform, or (ii) Taxes that the Participating Members determines that he or she has to collect.

  “Participating Members Fees” means the fee that ehCanadaTravel.com charges a Participating Member for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.

  “Payment Method” means a payment method that you have added to your ehCanadaTravel.com Account, such as a credit card, debit card or PayPal.

  “Total Fees” means collectively the Accommodation Fees plus any Taxes.

• Bookings and Financial Terms for Participating Members

  If you are a Participating Member and a Booking is requested for your Accommodation via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will send you (i) the first and last name of the Guest who has requested the Booking, (ii) payment information. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period the requested Booking will be deleted and the Guest notified. When you confirm a Booking requested by a Guest, Participating Members log into their account and confirm the Booking so to receive the rest of the Booking details and notify the Guest of the Booking approval. ehCanadaTravel.com will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.

  ehCanadaTravel.com will invoice Participating Members at the beginning of every month based on the agreed payment terms. Participating Members have 30 days to make payment. If payment is not received by 30 days the Participating Member account with be suspended until payment is received. Failure to make a payment with 45 days will result in the Participating Member being sent to a collection agency approved by ehCanadaTravel.com.

• Bookings and Financial Terms for Guests

  The Participating Members, not ehCanadaTravel.com, are solely responsible for honouring any confirmed Bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Participating Member for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Participating Member and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Participating Member.

  You acknowledge and agree that you, and not ehCanadaTravel.com, will be responsible for performing the obligations of any such agreements, that ehCanadaTravel.com is not a party to such agreements. ehCanadaTravel.com (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.

  The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Participating Member. As noted above, the Participating Member is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled.

  You as a Guest agree to pay the Total Fees for any Booking requested. Participating Members are responsible for the processing of the Accommodation and will collect the Total Fees pursuant to the Payments Terms.

  Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.

• Service Fees and Other Fees

  In consideration for the use of ehCanadaTravel.com’s online marketplace and platform, ehCanadaTravel.com charges an 8% Service Fee on every Booking. Participating Members collect and process payments pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as GST and PST) in respect of the Participating Members Fees. ehCanadaTravel.com will contact the Participating Members on the first of every month with the total amount owed to ehCanadaTravel.com from the Accommodation Fees and send an electronic invoice to the Participating Member for payment within 30 Days.

  Applicable Taxes collected by ehCanadaTravel.com, will be shown to Guests via the Site and Application at checkout, prior to their submission of a Booking request. And, ehCanadaTravel.com will disclose applicable Participating Members Fees to Participating Members via the Site and Application.

• General Booking and Financial Terms

  Cancellations and Refunds

  If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Participating Members contained in the applicable Listing will apply to such cancellation. The ehCanadaTravel.com Service Fee is non-refundable when cancellation is made 30 Days after the initial booking date.

  If a Participating Members cancels a confirmed Booking made via the Site, Services, and Application, (i) Participating Members will refund the Total Fees for such Booking to the applicable Guest and (ii) the Guest can rebook with alternative Listings. If the Guest requests a Booking from one of the alternative Listings and the Participating Members associated with such alternative Listing confirms the Guest’s requested Booking, then the Guest agrees to pay ehCanadaTravel.com the Total Fees relating to the confirmed Booking for the Accommodation in the alternative Listing, in accordance with these Terms.

  If, as a Participating Member, you cancel a confirmed Booking, you agree that ehCanadaTravel.com may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

  In certain circumstances, ehCanadaTravel.com may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. You agree that ehCanadaTravel.com and the relevant Guest or Participating Members will not have any liability for such cancellations or refunds.

  Resolution

  When a Member agrees to provide services or amenities to another Member via resolution, both parties acknowledge and agree that they, and not ehCanadaTravel.com, will be responsible for performing their respective obligations of any such agreements, that ehCanadaTravel.com is not a party to such agreements, and that, ehCanadaTravel.com (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided.

  Donations

  Some Participating Members may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Participating Members does in fact make the donation he or she pledged to make. In such cases, the Participating Members in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

  Booking Modifications

  You as a Guest or Participating Members are responsible for any modifications to a Booking that you direct ehCanadaTravel.com Customer Service to make (“Booking Modifications“), and you agree to pay any Accommodation Fees, Guest Fees, Participating Members Fees, Services Fees, and/or Taxes associated with such Booking Modifications.

• Taxes

  Tax regulations may require us to collect appropriate (GST and/or PST or HST) tax information from our Participating Members, or to withhold taxes from payouts to Participating Members, or both.

  You as a Participating Members understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. ehCanadaTravel.com cannot and does not offer Tax-related advice to any Members..

  You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Participating Members on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Participating Members, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).

• Currency Conversion

  ehCanadaTravel.com’s online platform facilitates Bookings between Guests and Participating Members who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the ehCanadaTravel.com platform allows users to view the price of Listings in Canadian dollars, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

• Damage to Accommodations and Security Deposits

  As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Participating Member claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

  Participating Members may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. ehCanadaTravel.com will use commercially reasonable efforts to address Participating Members’ requests and claims related to Security Deposits, but ehCanadaTravel.com is not responsible for administering or accepting any Damage Claims by Participating Members related to Security Deposits, and disclaims any and all liability in this regard.

  If a Participating Member has a Damage Claim for a confirmed Booking, the Participating Member may escalate the Damage Claim to ehCanadaTravel.com if the Participating Member and Guest are unable to resolve a Damage Claim through the resolution efforts, or immediately in certain circumstances. If a Participating Member escalates a Damage Claim to ehCanadaTravel.com, you as a Guest will be notified of the Damage Claim and given an opportunity to respond. If you as a Guest agree to pay the Participating Member in connection with a Damage Claim, or if ehCanadaTravel.com determines, in its sole discretion, that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation, ehCanadaTravel.com ill collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. ehCanadaTravel.com also reserves the right to otherwise collect payment from you and pursue any avenues available to ehCanadaTravel.com in this regard in situations in which you have been determined, in ehCanadaTravel.com’s sole discretion, to have damaged any Accommodation or any personal or other property located at an Accommodation.

  Both Guests and Participating Members agree to cooperate with and assist ehCanadaTravel.com in good faith, and to provide ehCanadaTravel.com with such information and take such actions as may be reasonably requested by ehCanadaTravel.com, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by ehCanadaTravel.com or a representative of ehCanadaTravel.com regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon ehCanadaTravel.com’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Participating Member, at no cost to you, which process will be conducted by ehCanadaTravel.com or a third party selected by ehCanadaTravel.com.

  If you are a Guest, you understand and agree that ehCanadaTravel.com may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist ehCanadaTravel.com in good faith, and to provide ehCanadaTravel.com with such information as may be reasonably requested by ehCanadaTravel.com, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as ehCanadaTravel.com may reasonably request to assist ehCanadaTravel.com in accomplishing the foregoing.

  Security Deposits, if required by a Participating Members , may be applied to any fees due from a Guest overstaying at a Listing without the Participating Members ’s consent.

• Overstaying without the Participating Members ’s Consent

  Guests agree that a confirmed Booking is merely a license granted by the Participating Members to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with the Participating Member. Guests further agree to leave the Accommodation no later than the checkout time that the Participating Members specifies in the Listing or such other time as mutually agreed upon between the Participating Member and Guest. If a Guest stays past the agreed upon checkout time without the Participating Member’s consent, they no longer have a license to stay in the Listing and the Participating Member is entitled to make the Guest leave. In addition, Guests agree that the Participating Member can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Participating Member’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Participating Member, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Participating Member to make the Guest leave (collectively, “Additional Sums“).

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

• violate any local, provincial, territorial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;

• access or use our Site, Application, Services or the ehCanadaTravel.com API to use, expose, or allow to be used or exposed, any ehCanadaTravel.com Content: (i) that is not publicly displayed by ehCanadaTravel.com in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the ehCanadaTravel.com Privacy Policy; or (iii) in any way that otherwise violates the privacy rights or any other rights of ehCanadaTravel.com’s users or any other third party;

• use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies ehCanadaTravel.com endorsement, partnership or otherwise misleads others as to your affiliation with ehCanadaTravel.com;

• dilute, tarnish or otherwise harm the ehCanadaTravel.com brand in any way, including through unauthorized use of Collective Content, registering and/or using ehCanadaTravel.com or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to ehCanadaTravel.com domains, trademarks, taglines, promotional campaigns or Collective Content

• copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

• infringe the rights of ehCanadaTravel.com or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right

• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

• “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an ehCanadaTravel.com Guest or Participating Members ;

• offer, as a Participating Member, any Accommodation that you do not yourself own or have permission to Book as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Participating Members if you are serving in the capacity of an agent for a third party);

• offer, as a Participating Member, any Accommodation that may not be Booked pursuant to the terms and conditions of an agreement with a third party;

• register for more than one ehCanadaTravel.com Account or register for an ehCanadaTravel.com Account on behalf of an individual other than yourself;

• unless ehCanadaTravel.com explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;

• contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site, Application and Services;

• recruit or otherwise solicit any Participating Member or other Member to join third-party services or websites that are competitive to ehCanadaTravel.com, without ehCanadaTravel.com’s prior written approval;

• recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

• use the Site, Application, Services or Collective Content to find a Participating Member or Guest and then complete a Booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to ehCanadaTravel.com’s provision of the Services or for any other reasons;

• as a Participating Member, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honour;

• engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;

• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, ehCanadaTravel.com’s name, any ehCanadaTravel.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without ehCanadaTravel.com’s express written consent;

• access, tamper with, or use non-public areas of the Site, Application or Services, ehCanadaTravel.com’s computer systems, or the technical delivery systems of ehCanadaTravel.com’s providers;

• attempt to probe, scan, or test the vulnerability of any ehCanadaTravel.com system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ehCanadaTravel.com or any of ehCanadaTravel.com’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;

• advocate, encourage, or assist any third party in doing any of the foregoing; or

• ehCanadaTravel.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, ehCanadaTravel.com may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or cancelling your Listing(s) or ehCanadaTravel.com Account, for a violation of this Section or these Terms.

• ehCanadaTravel.com may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against ehCanadaTravel.com or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of ehCanadaTravel.com, its users, or members of the public. You acknowledge that ehCanadaTravel.com has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. ehCanadaTravel.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ehCanadaTravel.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

• If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to ehCanadaTravel.com by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Privacy

• You agree that ehCanadaTravel.com’s Privacy Policy (as may be updated from time to time) governs ehCanadaTravel.com’s collection and use of your personal information.

Intellectual Property Ownership and Rights Notices

• The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of ehCanadaTravel.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of ehCanadaTravel.com used on or in connection with the Site, Application, Services, and ehCanadaTravel.com Content are trademarks of ehCanadaTravel.com in Canada. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and ehCanadaTravel.com Content are used for identification purposes only and may be the property of their respective owners. As a Participating Members , Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.

• Additional Terms

  Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

ehCanadaTravel.com Content and Member Content License

• Subject to your compliance with these Terms, ehCanadaTravel.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any ehCanadaTravel.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

• You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ehCanadaTravel.com or its licensors, except for the licenses and rights expressly granted in these Terms.

Website Content

• We permit you to post, interact, share, create, upload, publish, submit or transmit Website Content. By making available any Website Content on or through the Site, Application, Services, or through ehCanadaTravel.com promotional campaigns and Social Travel interactive and content marketing features, you hereby grant to ehCanadaTravel.com an irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to use, view, copy, adapt, translate, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Website Content on, through, by any means of or to promote or market the website and Site, Application and Services.

• You acknowledge and agree that you are solely responsible for all Website Content that you make available through the website and Site, Application, Services or through ehCanadaTravel.com promotional campaigns and Social Travel interactive and content marketing features. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Website Content that you make available; (ii) neither the Website Content nor your posting, uploading, publication, submission or transmittal of the Website Content or ehCanadaTravel.com’s use of the Website Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Social Travel interactive and content marketing features will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

• The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that ehCanadaTravel.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ehCanadaTravel.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Feedback

• We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of ehCanadaTravel.com and you hereby irrevocably assign to ehCanadaTravel.com and agree to irrevocably assign to ehCanadaTravel.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At ehCanadaTravel.com’s request and expense, you will execute documents and take such further acts as ehCanadaTravel.com may reasonably request to assist ehCanadaTravel.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

• ehCanadaTravel.com respects copyright law and expects its users to do the same. It is ehCanadaTravel.com’s policy to terminate in appropriate circumstances the ehCanadaTravel.com Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

• Term and Termination, Suspension and Other Measures
  
  
  1. Term

     These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or ehCanadaTravel.com terminate these Terms as described below.

  2. Termination for convenience

     You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your ehCanadaTravel.com Account as a Participating Member, any confirmed Bookings must be honoured. If you cancel your ehCanadaTravel.com Account as a Guest, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.

     Without limiting our rights specified below, ehCanadaTravel.com may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.

  3. Termination for breach, suspension and other measures

     ehCanadaTravel.com may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the ehCanadaTravel.com Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) ehCanadaTravel.com believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, ehCanadaTravel.com or third parties, for fraud prevention, risk assessment, security or investigation purposes.

     In addition ehCanadaTravel.com may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your ehCanadaTravel.com Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your ehCanadaTravel.com Account, or temporarily or permanently suspend your ehCanadaTravel.com Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Participating Members or Guests, or (ii) ehCanadaTravel.com believes in good faith that such action is reasonably necessary to protect the safety or property of Members, ehCanadaTravel.com or third parties, for fraud prevention, risk assessment, security or investigation purposes.

     If we take any of the measures described in this Section 24.C, we may (i) communicate to your Guests or Participating Members that a pending or confirmed Booking has been cancelled, (ii) may instruct you to provide a full refund for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.

     In case of non-material breaches and where appropriate, you will be given notice of any measure by ehCanadaTravel.com and an opportunity to resolve the issue to ehCanadaTravel.com’s reasonable satisfaction.

  4. Consequences

     If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your ehCanadaTravel.com Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your ehCanadaTravel.com Account has been suspended or this Agreement has been terminated by us, you may not register a new ehCanadaTravel.com Account or attempt to access and use the Site, Application and Services through other ehCanadaTravel.com Accounts.

  5. Survival

     If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

• Disclaimers

  IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN SOCIAL TRAVEL FEATURES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EHCANADATRAVEL.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND PARTICIPATING MEMBERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

  THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND SOCIAL TRAVEL FEATURES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EHCANADATRAVEL.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EHCANADATRAVEL.COM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR SOCIAL TRAVEL FEATURES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EHCANADATRAVEL.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, PARTICIPATING MEMBERS, GUESTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR SOCIAL TRAVEL FEATURES.

  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EHCANADATRAVEL.COM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTICIPATING MEMBERS, TRAVELERS OR GUESTS. YOU UNDERSTAND THAT EHCANADATRAVEL.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. EHCANADATRAVEL.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND PARTICIPATING MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY EHCANADATRAVEL.COM. EHCANADATRAVEL.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

• Limitation of Liability

  YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, SOCIAL TRAVEL FEATURES, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF EHCANADATRAVEL.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER EHCANADATRAVEL.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE SOCIAL TRAVEL FEATURES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE SOCIAL TRAVEL FEATURES OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EHCANADATRAVEL.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

• Indemnification

  You agree to release, defend, indemnify, and hold ehCanadaTravel.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; (iv) use of any Social Travel features (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation.

• Entire Agreement

  Except as they may be supplemented by a document referenced and incorporated herein or by additional ehCanadaTravel.com policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between ehCanadaTravel.com and you regarding the Site, Application, Services, Collective Content, and any Bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ehCanadaTravel.com and you regarding Bookings or listings of Accommodations, the Site, Application, Services, Social Travel features and Collective Content.

• Assignment

  You may not assign or transfer these Terms, by operation of law or otherwise, without ehCanadaTravel.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ehCanadaTravel.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

• Notices

  Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ehCanadaTravel.com (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.

• Controlling Law and Jurisdiction

  These Terms and your use of the Services will be interpreted in accordance with the laws Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a provincial court located in British Columbia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

• General

  The failure of ehCanadaTravel.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ehCanadaTravel.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

• Third party beneficiary

  These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

• Contacting ehCanadaTravel.com

  If you have any questions about these Terms, please contact ehCanadaTravel.com.