CAPTAIN HOLIDAY INC. TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE PRIOR TO USE OF THIS PLATFORM.

Welcome to the webpage of Captain Holiday Inc. Please review this terms and services agreement (the “Agreement”), which shall apply to the use of this webpage, as well as the provision of all services by Captain Holiday Inc.

By using this webpage you (the “User”) represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.

As the terms of this Agreement may be modified at the sole discretion of Captain Holiday Inc., without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.

1. Services: Captain Holiday Inc. provides Users with travel related services (the “Services”) through our streamlined and user-friendly platform. Services may include accommodations, activities, excursions, events, and a variety of other services. Services shall be provided as described in the Booking Confirmation in accordance with this Agreement.

2. Booking: When Users receive their booking confirmation, a contract is formed directly between the User and the hosting service provider (the “Service Provider”). The cancellation policy and any other rules, standards, policies, or requirements identified in the booking or during checkout form part of the User’s contract with the Service Provider.

Upon receipt of a booking confirmation the User agrees to pay all charges for their booking including the listing price and any applicable fees and taxes.

The accompanying booking confirmation and this Agreement shall comprise the entire agreement between the User and the Service Provider, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

3.Privacy: By submitting personal information and using this webpage, the User consents to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with this Agreement.

Captain Holiday Inc. requires Users’ personal information to provide Users with the Services offered through the Captain Holiday Inc. platform. This information includes both contact information required for User Accounts as well as identity verification and payment information to access the Services. This webpage may also contain links to third parties’ websites. Captain Holiday Inc. is not responsible for the privacy practices or the content of those webpages.

Your personal information may be passed along to Service Providers. The security of your personal information is very important to us. Upon transferring your personal information to Service Providers we will take steps to try to ensure that your privacy rights are protected in compliance with applicable privacy law and this Agreement.

Unfortunately, the transmission of personal information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our webpage. Any transmission of personal information is at Users’ own risk. We are not responsible for circumvention of any privacy settings or security measures contained on this webpage.

Captain Holiday Inc. will retain your personal data only as long as is necessary for the purposes to which you consent under this Agreement, or as is required by applicable law, and then we will delete it.

4. User Account: Users must register a User Account to access the Services offered by Captain Holiday Inc. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older.

5. Use of this Webpage:Users acknowledge and warrant that any information shared on this webpage or in any other manner with Captain Holiday Inc. does not: (i) infringe on their rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offence or give rise to civil liability. Additionally, Users acknowledge and warrant that they will not knowingly post, transmit or submit any information that will cause damage to either the webpage or to any other user.

Rights with regard to accessing the Services offered by Captain Holiday Inc. may be terminated or restricted at any time at the sole discretion of Captain Holiday Inc. Captain Holiday Inc. is not required to give Users advance notice or explanation for the termination.

6. Security of Customer Account:Users are responsible for maintaining the security of their User Accounts on this webpage. Should any charges or damages occur due to a User not taking reasonable care of this account, Users agree they will be held solely responsible.

7. Assignment: No rights or obligations under this Agreement may be assigned or delegated without the prior written consent of Captain Holiday Inc. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves a User of any of its obligations under this Agreement.

8. Copyrights and Trademarks: All materials displayed or otherwise accessible through this webpage are owned by Captain Holiday Inc. and third party content suppliers, and are protected under the applicable copyright and trademark laws of Canada and elsewhere. Users hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this webpage, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this webpage and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than personal use.

9. Links: This webpage may contain links to other webpages that are operated by third parties, and are not under the control of Captain Holiday Inc. Captain Holiday Inc. is not responsible for, and expressly excludes all liability with relation to these linked webpages and their related companies which Users access at their own risk, and Captain Holiday Inc. makes no representations, warranties or conditions concerning the linked webpages or their contents.

10. Orders and Payment: When Users submit a booking on this webpage, their order shall be considered as an offer to Captain Holiday Inc. Captain Holiday Inc. reserves the right to refuse any booking at any time and for any reason, including but not limited to: (i) the availability of bookings (Captain Holiday Inc. specifically reserves the right to revise or cease to make available any of these bookings at any time); and (ii) if the bookings are incorrectly described or priced on the webpage. In the event that a booking is cancelled or refused, Users shall receive an email confirmation stating same. Additionally, if a booking is refused or cancelled following payment, Captain Holiday Inc. will reimburse Users for the full amount paid.

The third party credit card service provider must approve all purchases made through the use of a credit card.

11. Cancellation Policy: If a User cancels their booking after having received a booking confirmation, the amount refunded to the User is determined in accordance with the Service Provider’s own cancellation policy.  Amounts paid as service fees for the Captain Holiday Inc. platform are non-refundable in the absence of extenuating circumstances. Captain Holiday Inc. will notify Users of the presence of extenuating circumstances when such circumstances arise.

12. Disclaimer: To the fullest extent possible under the law, use of Captain Holiday Inc. Services is at the User’s own risk, and Captain Holiday Inc. hereby expressly disclaims any representations or warranties (express, implied or statutory) with regards to the Services. The bookings available by use of this webpage are provided “as is”, and may contain errors or inaccuracies. Captain Holiday Inc. does not warrant that the Services description or pricing is accurate.

13. User’s Responsibilities:  Users are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they invite to join or provide access to any booking.

14. User’s Assumption of Risk:Users acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, they assume the entire risk arising out of their access to and engagement in the Services offered by Captain Holiday Inc.

15. Indemnification:Users agree to indemnify, defend and hold harmless (including reasonable legal fees) Captain Holiday Inc., its officers, directors, employees or agents from any action arising from their misuse of this webpage or any services offered by Captain Holiday Inc., or the breach of any of the provisions of this Agreement.

16. Waiver: No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

17. Severability:  If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Governing Law and Dispute Forum: Any dispute between the parties arising from the interpretation or application of this Agreement shall be submitted to arbitration at Charlottetown, Queens County, Prince Edward Island by notice in writing by either party to the other.  The dispute shall be decided by a single arbitrator selected by agreement between the solicitors for each party.  Except as otherwise provided in this paragraph, the Arbitration Act, R.S.P.E.I. Cap. A-16, shall apply to an arbitration in respect of this Agreement.  A decision of an arbitrator shall be final and binding on the parties.