Please read these Terms of use (collectively, the "Terms of Use", "Terms" or "Agreement") carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the PLAN IT SMARTER website, you agree to comply with and be bound by these Terms.

Thank you for using PLAN IT SMARTER!

This website is offered to you conditionally upon your acceptance without modification of all the terms, conditions and disclaimers set forth below. Please read the Terms of Use carefully. By accessing or using this website, or by making a reservation for any travel product or service on this website, you agree that the Terms of Use apply. If you do not agree to the Terms of Use, please do not use this website or make reservations on this website. PLAN IT SMARTER may modify these Terms of Use at any time and this website is offered to you conditionally upon your acceptance of the updated Terms of Use.

Table of Contents

1. Scope of PLAN IT SMARTER services

1.1. 9265-8715 Québec Inc. ("PLAN IT SMARTER") owns www.planitsmarter.com ("this Website") and provides an online travel booking platform through which providers of accommodation, transportation services, activities, flights and other services (collectively referred to as "Travel Services" or "Services") can offer their services and through which visitors to the Website (collectively referred to as "You", the "Client", the "User", the "Member" or the "Traveller") can securely make a reservation for these services.

1.2. PLAN IT SMARTER does not itself provide the services offered on this website. As the provider of this website, PLAN IT SMARTER does not own, create, control, manage, offer, deliver or provide any service, nor is it an organizer or retailer of travel services. The service providers are solely responsible for the services. When members make or accept a reservation, they conclude a contract directly between themselves. PLAN IT SMARTER is not and does not become a party or another participant in a contractual relationship between members, nor is PLAN IT SMARTER a travel agency. PLAN IT SMARTER does not act as an agent in any capacity whatsoever for a Member.

1.3. This Website may contain links to third party websites or providers ("Third-Party Services"). These third-party services may be subject to different terms and conditions and privacy practices. PLAN IT SMARTER is not responsible for the availability or accuracy of these third-party services, nor for the content or services available from these third-party services.

1.4. Due to the nature of the Internet, PLAN IT SMARTER cannot guarantee the continuous and uninterrupted availability and accessibility of this website. PLAN IT SMARTER may restrict the availability of this website or of certain areas or features of it, if necessary due to capacity limitations, security or integrity of our servers, or to carry out maintenance measures that ensure the correct or improved functioning of this website. PLAN IT SMARTER may improve, strengthen and modify this website and introduce new services from time to time.

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2. Modification of these terms

2.1. PLAN IT SMARTER reserves the right to modify the present conditions at any time in accordance with this provision. If we make changes to these conditions, we will publish the revised conditions on this website and update the date of last update at the top of these conditions. We will also notify you of the changes by email at least thirty (30) days before the effective date of the changes. If you do not agree with the revised terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the email notification. If you do not terminate your Agreement before the effective date of the revised terms, your continued access or use of this website will constitute acceptance of the terms.

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3. Use of the Website

3.1. The following are the terms and conditions that you must comply with in order to use this website. You must be able to guarantee that (i) you have reached the age of majority in your province/state of residence, (ii) you have the legal right to enter into a legal obligation, (iii) you will use this Website in accordance with the Terms of Use, (iv) you will only use this Website to make legitimate reservations for yourself or for another person for whom you are legally authorised to do so, (v) you will inform such other persons of the Terms of Use that apply to the bookings you have made on their behalf, including all rules and restrictions applicable to such bookings, (vi) all information provided by you on this Website is true, accurate, valid and complete, and (vii) if you have a PLAN IT SMARTER account, you will protect the information in that account and oversee and take full responsibility for the use of your account by you and any other person. We reserve the right, in our sole discretion, to deny any person access to this website or the services we offer, at any time and for any reason, including any violation of these Terms of Use.

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4. Creation of the PLAN IT SMARTER Account

4.1. You must create an account ("PLAN IT SMARTER Account") to access and use certain features of this Website, such as creating shopping carts and booking travel services. If you register a PLAN IT SMARTER Account for a company, organization or other legal entity, you represent and warrant that you have the authority to legally bind such entity and to grant us all the authorizations and licenses provided in these Terms.

4.2. You can register a PLAN IT SMARTER account using an email address and password, or through your account with certain third-party social networking services, such as Facebook or Google ("Social Networking Account"). You may disable the connection between your PLAN IT SMARTER account and your social networking account at any time by accessing the "My Profile" section of this website.

4.3. You must provide accurate, up-to-date and complete information when registering and keep your PLAN IT SMARTER account information and the "My Profile" section of your PLAN IT SMARTER account up-to-date at all times.

4.4. You may not register more than one (1) PLAN IT SMARTER account unless PLAN IT SMARTER authorizes you to do so. You cannot assign or transfer your PLAN IT SMARTER account to another party.

4.5. You are responsible for maintaining the confidentiality and security of your PLAN IT SMARTER account identification information and you may not disclose it to third parties under any circumstances. You must immediately inform PLAN IT SMARTER if you know or have reason to believe that your identification information has been lost, stolen, misappropriated, or otherwise compromised or in the event of unauthorized use, real or alleged, of your PLAN IT SMARTER account. You are responsible for all activities that occur through your PLAN IT SMARTER account, unless such activities are unauthorized by you and you are not otherwise negligent (for example, by failing to report the unauthorized use or loss of your identification information).

4.6. PLAN IT SMARTER may enable features that allow you to authorize other members or certain third parties to take certain actions that affect your PLAN IT SMARTER account. For example, we may allow members to link their PLAN IT SMARTER accounts to businesses and take actions on behalf of those businesses. These features do not require you to share your identifying information with anyone else. PLAN IT SMARTER does not authorize any third party to request your identification information, and you will not be able to request another member's identification information.

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5. Making a reservation

5.1. Payment and confirmation of a reservation

    5.1.1. After creating your PLAN IT SMARTER account, you can book a service available on this website by following the corresponding booking process. You must use a credit card or PayPal to guarantee the reservation. By making a reservation with your credit card or PayPal, you agree to accept the relevant cancellation and no-show policy of the travel service provider, as set out in its terms and conditions.

    5.1.2. Upon receipt of the booking confirmation from PLAN IT SMARTER, a legally binding agreement is formed between you and the supplier, subject to the supplier's additional terms and conditions that apply, including in particular the applicable cancellation policy and the restrictions specified in the offer.Si vous réservez le service d’un fournisseur pour le compte de voyageurs supplémentaires, vous devez vous assurer que chaque voyageur supplémentaire répond aux exigences définies par le fournisseur, et est informé de ces conditions et de leur acceptation, ainsi que de toutes les conditions générales, règles, conditions et restrictions définies par le fournisseur. Si vous réservez pour un voyageur supplémentaire qui est mineur, vous déclarez et garantissez que vous êtes légalement autorisé à agir en son nom. Les mineurs ne peuvent participer à une expérience, à un événement ou à un autre service que s'ils sont accompagnés par un adulte responsable.

5.2. Service fees

    5.2.1. PLAN IT SMARTER may charge travellers a fee ("Service Fee") for its use or if the Flexible Booking option is chosen when booking through this website. All applicable Administrative Charges (including applicable taxes) will be displayed to the Traveller prior to booking a service. PLAN IT SMARTER reserves the right to change the administrative fees at any time, and will notify members in a timely manner of any changes to the fees before they take effect. These fee changes will not affect bookings made prior to the effective date of the fee change.

    5.2.2. You are responsible for the payment of the service fees that you owe to PLAN IT SMARTER. The applicable service fees (including applicable taxes) are collected by PLAN IT SMARTER. All service fees are included in the balance of the cost of your reservation. Unless otherwise stated on this website, the service fee is non-refundable.

5.3. Bank and credit card charges

    5.3.1. Many banks and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location"' (depending on the term used by different card issuers, e.g. Visa, MasterCard and American Express) are in different countries. The exchange rate, if applicable, and the transaction fee are determined solely by the bank or entity processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder's account. When applied by the card issuer, these fees and the amount of the transaction are shown separately on the credit or debit card statement. This means that the amount shown on your credit or debit card statement may differ from the amount shown in the billing summary for a reservation made on the website. If you have any questions about these fees or the exchange rate applied to your reservation, please contact your bank.

5.4. Currency converter

    5.4.1. If the website contains a currency converter, the following terms and conditions apply: the exchange rates indicated are taken from various public sources and are given for information purposes only. The accuracy of the rates is not verified, and the rates shown may differ from current rates. Currency rates are not updated daily. Check the date of the last update on the currency converter. The information provided by this application is believed to be accurate, but PLAN IT SMARTER, PLAN IT SMARTER's affiliates and their respective suppliers make no representation or warranty as to its accuracy. Clients using the information obtained through the currency converter for financial purposes are advised to check exchange rates with a licensed professional. We prohibit the use of this information for any purpose other than personal use and expressly prohibit the resale, redistribution and commercial use of this information.

5.5. Rounding of amounts

    5.5.1. PLAN IT SMARTER generally supports amounts payable to suppliers at the smallest unit supported by a given currency (e.g. US cents, euro cents or other supported currencies). When PLAN IT SMARTER's third-party payment provider does not support payments in the smallest unit supported by a given currency, PLAN IT SMARTER may, at its sole discretion, round the posted amounts payable to vendors to the nearest whole functional base units in which the currency is denominated (i.e., dollars, euros, or other supported currency). For example, PLAN IT SMARTER may round an amount from $101.50 to $102.00 and round a lower amount from $101.49 to $101.00.

5.6. PLAN IT SMARTER credits

    5.6.1. In certain cases or special promotions, PLAN IT SMARTER may issue credits to travellers. PLAN IT SMARTER credits can be used for eligible bookings through this website, as specified in the terms and conditions provided with the credit.

    5.6.2. You can only redeem PLAN IT SMARTER Credits after they appear on your PLAN IT SMARTER account. The credit cannot be applied to an account not associated with the email address of the reservation. To use your PLAN IT SMARTER credits, please login to your account on this website and make a reservation. Your credit will be automatically applied to your reservation, once the reservation is confirmed.

    5.6.3. PLAN IT SMARTER credits can only be used once and within six (6) months from the date they were issued, after which they will be lost.

5.7. Rules and restrictions affecting suppliers

    5.7.1. Additional terms and conditions will apply to reservations and purchases of travel services you have selected. Please read these additional terms and conditions carefully as they are mentioned on the supplier's offer page. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you choose to do business, including payment of any amounts when due, and to abide by the supplier's rules and restrictions regarding the availability and use of fares and services.

   5.7.2. The air fare is guaranteed only when the purchase has been made and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.

   5.7.3. Prices and charges for some low-cost flights from overseas may be in another currency (e.g. EUR), for which we will provide an estimated equivalence in the default currency of this website, or selected preferred currency (if applicable). The actual amount charged by the low-cost airline may vary slightly due to variations in the rates applied by different currency card issuers. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be responsible for any fees associated with various exchange rates and card issuer fees.

   5.7.4. We reserve the right to cancel your reservation if full payment is not received in a timely manner.

   5.7.5. Some hotel providers may require you to present a credit card or a cash deposit at the time of hotel check-in to cover additional costs incurred during your stay. This deposit is unrelated to the payments received by PLAN IT SMARTER for your hotel room reservation from the supplier.

   5.7.6. PLAN IT SMARTER is not responsible for relocation costs.

   5.7.7. You acknowledge that certain third-party providers who offer certain services and/or activities may require you to sign a disclaimer before you can benefit from a service or activity they offer. You understand that any violation of any such rule or restriction by a supplier may result in the cancellation of your reservation(s), a ban on access to applicable travel products or services, the forfeiture of any monies paid for such reservations and the debiting of your account for any costs we may incur as a result of such violation.

   5.7.8. PLAN IT SMARTER can offer customers the possibility to make a reservation for a set of two one-way tickets instead of one return ticket through its online flight comparator. One-way ticket packages can offer a greater choice of flights, are often less expensive and can be from the same or different carriers. Unlike round-trip tickets, each one-way ticket is subject to its own rules, restrictions and fees. If one of the flights changes air carriers (e.g., due to cancellation or schedule change) and requires the customer to change their ticket for the other flight, the customer will be responsible for the charges for any changes made for the flight that is not changed.

5.8. Customer's liability for international travel

    5.8.1. It is your responsibility to ensure that your travel documents, such as passports and visas (transit, business, tourist and other), are in good order and that the conditions for entry into the foreign country are met. PLAN IT SMARTER does not have any special knowledge about the conditions of entry of foreign countries or the required travel documents. We strongly recommend that clients consult the prohibitions, warnings and miscellaneous notices issued by the governments concerned before making reservations for foreign travel.

    5.8.2. Passport and Visa

       5.8.2.1. You should consult the embassy or consulate of the country in question for this information. Requirements are subject to change and you should check for up-to-date information before making a reservation and before departure. We accept no responsibility if you are refused entry on an aircraft or into a country because you do not present a correct and adequate passport, visa or other travel documents required by any airline, authority or country, including countries in which you are merely stopping for a connection. This includes all stops on the plane, even if you do not leave the plane or airport.

    5.8.3. Health

       5.8.3.1. Recommended travel vaccines may change and you should consult your doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health requirements for entry, obtain all recommended immunizations, bring all recommended medications and follow all medical advice pertaining to your trip.

    5.8.4. Travel Insurance

       5.8.4.1. It is strongly recommended that travellers add travel insurance when planning any trip abroad, including cancellation insurance, for damage or loss of luggage and medical expenses abroad. Please note that the Flexible Standard Booking option available on this website is not and cannot be used as cancellation insurance for your booking as it does not cover damage to or loss of baggage, medical expenses or any other item not related to the services contained in your shopping basket at the time of booking.

    5.8.5. BY OFFERING RESERVATIONS FOR TRAVEL SERVICES TO A PARTICULAR INTERNATIONAL DESTINATION, PLAN IT SMARTER DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH A DESTINATION IS ADVISABLE OR RISK-FREE AND IS NOT LIABLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM TRAVEL TO SUCH A DESTINATION.

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6. Exclusion of liability

6.1. The information, software, products and services published on this Website may contain inaccuracies or errors, including pricing errors. In particular, PLAN IT SMARTER companies and PLAN IT SMARTER affiliates assume no responsibility for any errors or inaccuracies in the information concerning the hotel or its description, the air carrier, the vehicle or other travel products presented on this site (including price, photographs, hotel amenities, general product descriptions, etc.). In addition, PLAN IT SMARTER expressly reserves the right to correct any pricing errors on our website and/or current reservations made at an incorrect price. In such a case, we will offer you the choice to maintain your current reservation at the corrected price or, if you wish, we will cancel your reservation without penalty.

6.2. The prices displayed on this website are for information purposes only and PLAN IT SMARTER and its affiliates do not guarantee their accuracy. PLAN IT SMARTER, PLAN IT SMARTER's affiliates and their respective suppliers do not guarantee the availability of specific products and services. PLAN IT SMARTER and PLAN IT SMARTER's affiliates and their respective suppliers may make improvements and/or changes to the website at any time.

6.3. PLAN IT SMARTER, PLAN IT SMARTER's affiliates and their respective suppliers make no warranties or representations about the suitability of the information, software, products and services contained in this site. In addition, the inclusion or offer of any product or service on this website does not constitute an endorsement or recommendation of such product or service by PLAN IT SMARTER companies or PLAN IT SMARTER affiliates. Such information, software, products and services are provided "as is" without warranty of any kind. PLAN IT SMARTER, PLAN IT SMARTER's affiliates and their respective suppliers assume no responsibility for the warranties and conditions regarding the absence of viruses or other harmful components that may be contained in this website, its servers or any email sent by PLAN IT SMARTER, PLAN IT SMARTER's affiliates and/or their respective suppliers. PLAN IT SMARTER, PLAN IT SMARTER's affiliates and their respective suppliers hereby disclaim all warranties or conditions with regard to such information, software, products and services, including any warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

6.4. Carriers, hotels and other travel service providers on this website are independent contractors and not agents or employees of PLAN IT SMARTER or PLAN IT SMARTER's affiliates. PLAN IT SMARTER and PLAN IT SMARTER's affiliates are not responsible for the acts, errors and omissions, representations, warranties, breaches or negligence of any such supplier or for any injury, death, property damage or other damages or expenses that may result. PLAN IT SMARTER and PLAN IT SMARTER's affiliates have no obligation and will not make any refund in the event of delay, cancellation, overbooking, strike, force majeure or other causes beyond their control, and they assume no responsibility for additional expenses, omissions, delays, route changes or actions taken by any government or other authority.

6.5. In no event shall PLAN IT SMARTER, PLAN IT SMARTER's affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages in any way related to access, display or use of this website or any delay or inability to access, display or use this website (including reliance on any opinions contained on this website, any computer virus, PLAN IT SMARTER will not be liable for any damages (including, without limitation, damages for loss of data, information, software, linked sites, products or services obtained through this website arising out of access, display or use of this website), whether such liability is based on negligence, contract, tort, extra-contractual obligation, strict liability or otherwise, even if PLAN IT SMARTER, PLAN IT SMARTER's affiliates and/or their respective suppliers have been advised of the possibility of such damages.

6.6. If, despite the above limitations, PLAN IT SMARTER, PLAN IT SMARTER's affiliates and their respective suppliers are found liable for any loss or damage arising from or in connection with any of the above, In no event shall their liability exceed, in aggregate, the greater of (a) the administrative fee paid by you to PLAN IT SMARTER in respect of such transactions on this Website, and (b) the sum of one hundred United States dollars (US $100.00) or its equivalent in local currency.

6.7. This limitation of liability clause reflects the allocation of risk between the parties. The limits specified in this section will be maintained and will apply even if any limited remedy provided by these Terms of Use fails to achieve its essential purpose. The limits of liability stipulated in the Terms of Use apply for the benefit of PLAN IT SMARTER, PLAN IT SMARTER's affiliates and/or their respective suppliers.

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7. Indemnity

7.1. To the extent permitted by applicable law, you agree to release, defend (at PLAN IT SMARTER's option), indemnify and hold PLAN IT SMARTER and its affiliates and subsidiaries, including but not limited to PLAN IT SMARTER and their officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (i) your violation of these Terms or our policies or standards, (ii) your inappropriate use of this website or any of PLAN IT SMARTER's services, (iii) your interaction with a member, hosting, participation in an activity, event or other service, including, without limitation, injury, loss or damage (of a compensatory nature, direct, incidental, consequential or otherwise) of any kind whatsoever, whether or not resulting from the interaction, suspension, participation or use, (iv) collection and remittance of fees, of PLAN IT SMARTER, or (v) your violation of any laws, regulations or rights of third parties.

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8. Reviews, comments, pictures and other feedback

8.1. Within a certain period of time after the end of the stay, guests and suppliers may leave a public notice ("Comment") and submit a star rating ("Rating") about each other via our Facebook page. We also invite you to provide us with your comments, feedback and suggestions to improve this website by emailing us at feedback@planitsmarter.com.

8.2. By submitting content to this website through electronic messages, postings on the website or otherwise, including any hotel ratings, questions, pictures, videos, comments, suggestions, ideas or other written materials included in any communication (collectively the "Communications"), you grant PLAN IT SMARTER, its subsidiaries and affiliates and the affiliated, co-branded and/or linked website partners through which we provide services (collectively the "Affiliated Companies" or "Affiliates") the right to access, modify, copy, reproduce, publish, distribute, display, perform, modify, create derivative works from, sell, license and otherwise distribute the Content on this website, a non-exclusive, royalty-free, perpetual, transferable, irrevocable, sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish and publicly display such communications, anywhere in the world, in any and all media now known or hereafter devised and (b) use the name you submit in connection with such communication. You acknowledge that PLAN IT SMARTER affiliated companies may choose to acknowledge the source of your comments or review (for example, by providing your name and city of residence for a hotel review you submitted), at our discretion, and that these communications may be shared with our vendor partners. In addition, you grant PLAN IT SMARTER the right to sue any person or entity that, in connection with your communications and in violation of this Agreement, violates your rights or those of these Terms of Use. You acknowledge and agree that your communications are neither confidential nor exclusive. You expressly waive any moral rights (including the right to acknowledge the source or the right of integrity) in your communications and acknowledge that you have no objection to the publication, use, modification, deletion or exploitation of your communications by us, our affiliates, partners or licensees. We are not responsible for any communications you post or submit. We are under no obligation to post your comments; we reserve the right, in our sole discretion, to decide whether or not a comment will be posted on the website. If you do not agree to these Terms of Use, please do not contact us.

8.3. You are solely responsible for the content of your communications (particularly, but not limited to, the ratings posted on this website. You may not post or transmit to or from this website : (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate rights of publicity and/or privacy, or that would violate any law; (ii) any commercial material or content (including, without limitation, material or content for the solicitation of funds or advertising or marketing material or content relating to a good or service) and (iii) any material or content that infringes, misuses or violates any copyright, trademark, patent or other proprietary right of any third party. You shall be solely responsible for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content on this website. You acknowledge that PLAN IT SMARTER may exercise its rights (e.g. use, publish or delete) without notice to you. If you submit more than one rating for the same hotel, only your most recent rating will be used.

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9. Intellectual Property

9.1. The Website

    9.1.1. This website, the design, text and graphics included in this website and the selection and layout of this website are our property and are protected by a license from their respective owners and are protected by Canadian and international intellectual property laws. You may view and electronically copy pages from this website in the normal operation of your browser while visiting this site, but not for any other purpose. Any other use of the material contained on this website, such as copying, distribution, sale, modification, transmission, reuse, republication or publication is strictly prohibited without the prior written permission of the respective owners. Unauthorized use of the materials on our site will not only violate this agreement, but may also violate copyright and other laws. Certain trademarks, service marks, trade names, company names, logos, trade names and presentation techniques (trade names) used on this site are owned by us and those who own the license. You do not have the right or license to use them.

9.2. Software available on this Web site

    9.2.1. Any software that may be downloaded from this website ("Software") or through your mobile application, including the PLAN IT SMARTER mobile application (the "Mobile Application"), is the copyrighted work of PLAN IT SMARTER companies, PLAN IT SMARTER affiliates and/or their respective suppliers. Your use of such software is subject to the terms and conditions of the end user license agreement (a "License Agreement"), if any, which accompanies or is included with the software. You may not install or use any software that is accompanied by or includes a License Agreement unless you have first agreed to the terms of the License Agreement. For any software that may be downloaded from this Website, and which is not accompanied by a License Agreement, we grant you, the user, a limited, personal, non-exclusive, non-transferable license to download, install and use the Software and/or the Mobile Application to display or use this website and/or to access the content and information offered on the Mobile Application (including, without limitation, prices and availability of travel services) in accordance with these Terms of Use and for these purposes only.

    9.2.2. Please note that all software, including all HTML code and Active X controls contained in this Website, is the property of PLAN IT SMARTER, PLAN IT SMARTER's affiliates and/or their respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the fullest extent of the law.

    9.2.3. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

    9.2.4. Your mobile device must be connected to the Internet in order for the Mobile Application to work properly. You are responsible for making all necessary arrangements for your device to have Internet connectivity and you are responsible for all charges imposed by your service provider for the transmission and reception of your Mobile Application (including, but not limited to, data roaming charges). As described later in our PLAN IT SMARTER Privacy Policy, the Mobile Application will automatically transfer a small amount of data in the normal course of its operation, including your use of the Mobile Application, the content you access and any errors or technical problems encountered by the Application during its use. By using the Mobile App, you acknowledge, accept and consent to the automatic collection of this information.

9.3. If you are aware of an infringement of our trademark, please report it to us by email at copyright@planitsmarter.com. We process messages concerning the violation of our trademark only at this address.

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10. Prohibited activities

10.1. You are solely responsible for compliance with all laws, rules, regulations and tax obligations that may apply to your use of this website. The content and information on this website (including prices and availability of travel services), as well as the infrastructure used to provide such content and information, is owned by us or our suppliers. Although you may make a limited number of copies of your travel plan (and related documents) for a reservation for a travel service or services made through this website, in using this website, you are not assisting or permitting others to do so:

    10.1.1. violate or circumvent applicable laws or regulations, agreements with third parties, the rights of third parties or our terms, policies or standards;

    10.1.2. make speculative, false or fraudulent reservations or reservations in anticipation of demand;

    10.1.3. use the PLAN IT SMARTER platform or collective content for commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement of PLAN IT SMARTER, its partnership or otherwise misleads a person as to your affiliation with PLAN IT SMARTER;

    10.1.4. copy, store or otherwise use the information, including personally identifiable information about any other member, contained on this website in a manner inconsistent with PLAN IT SMARTER's Privacy Policy or these Terms, or otherwise violate the privacy rights of any member or third-party;

    10.1.5. use this website in connection with the distribution of unsolicited commercial messages ("Spam");

    10.1.6. unless expressly authorized by PLAN IT SMARTER, book a service if you will not actually use the supplier services yourself;

    10.1.7. contact any Provider for any purpose other than to ask a question relating to your own reservation, offer or use by the Provider of this website, including but not limited to recruiting or soliciting any Provider to join any third-party services, applications or websites, without our prior written permission;

    10.1.8. use this website to request, make or accept a reservation independent of this website, to bypass service fees, or for any other reason;

    10.1.9. accept or make any payment for services displayed on PLAN IT SMARTER outside of this website. If you do so, you acknowledge and agree that you: (i) violate these Terms; (ii) accept all risks and responsibility for such payment, and (iii) exempt PLAN IT SMARTER from any liability in connection with such payment;

    10.1.10. discriminate against or harass anyone because of their race, national origin, religion, gender identity, physical or mental disability, health status, marital status, age or sexual orientation, or engage in violent, harmful, abusive or disruptive behaviour;

    10.1.11. misuse or abuse the offers or services associated with any PLAN IT SMARTER program as determined by PLAN IT SMARTER in its sole discretion;

    10.1.12. use, display, reproduce or create a mirror image of this website, the PLAN IT SMARTER name, any PLAN IT SMARTER logo, trademark or other proprietary information of PLAN IT SMARTER, or the layout and design of any page or form on any page of this website, without the express written consent of PLAN IT SMARTER;

    10.1.13. dilute, tarnish or otherwise harm the PLAN IT SMARTER trademark in any way, including through the unauthorized use of collective content, the registration and/or use of PLAN IT SMARTER or derivative terms in domain names, trade names, trademarks or other source identifiers, or the registration and/or use of domain names, trade names, trademarks or other source identifiers imitating or confusingly resembling the domains, trademarks, slogans, promotional campaigns of PLAN IT SMARTER or collective content;

    10.1.14. use a robot (spider, crawler, etc.) or any other automated means or process to access, collect data or other content from or otherwise interact with this website for any purpose;

    10.1.15. avoid, remove, deactivate, degrade, descramble or otherwise attempt to bypass any technical measures implemented by PLAN IT SMARTER or one of PLAN IT SMARTER's suppliers or any other third-party to protect this website;

    10.1.16. attempt to crack, decompile, disassemble or reverse engineer any software used to provide this website;

    10.1.17. take any action that damages or adversely affects, or could damage or impair the performance or proper functioning of this website;

    10.1.18. export, re-export, import or transfer the application; or

    10.1.19. violate or infringe someone else's rights or cause harm to anyone.

10.2. You acknowledge that PLAN IT SMARTER has no obligation to monitor a Member's access to or use of this website, or to review, disable access to, or edit Member Content, but has the right to do so (i) to operate, secure and improve this website (including, without limitation, the objectives of fraud prevention, risk assessment, investigation and customer support); (ii) ensure that Members comply with these Terms; (iii) comply with applicable law or the order or requirements of any court, law enforcement agency or other administrative or governmental body; (iv) respond to Member Content that it deems harmful or objectionable; or (v) in any other manner set forth in these Terms. Members agree to cooperate with and assist PLAN IT SMARTER in good faith and to provide PLAN IT SMARTER with such information and take such reasonable steps as PLAN IT SMARTER may request with respect to any investigation undertaken by PLAN IT SMARTER or any of its representatives. PLAN IT SMARTER regarding the use or misuse of this website.

10.3. If your reservation or account shows signs of fraud, misuse or suspicious activity, PLAN IT SMARTER may cancel any travel reservations or services associated with your name, email address or account and close any associated PLAN IT SMARTER account. If you have engaged in fraudulent activity, PLAN IT SMARTER reserves the right to take legal action and you may be held liable for financial losses to PLAN IT SMARTER, including litigation costs and damages. To contest the cancellation of a reservation, freezing or closing of an account, please contact the PLAN IT SMARTER Resolution Center.

10.4. If you believe that any Member with whom you interact, online or in person, is acting or has acted in an inappropriate manner, including, without limitation, any person who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) suspects that you are stealing from them, or (iii) engages in other disruptive behaviour, you must immediately report that person to the appropriate authorities and then to PLAN IT SMARTER by contacting us with your report number (if applicable). You agree that your reports do not require us to take any action (beyond that required by law, if any).

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11. Duration and Termination, Suspension and Other Measures

11.1. This Agreement is effective for a period of thirty (30) days at the end of which it will be automatically and continuously renewed for subsequent periods of thirty (30) days until you or PLAN IT SMARTER terminate the Agreement in accordance with this provision.

11.2. You may terminate this Agreement at any time by sending us an email. If you cancel your PLAN IT SMARTER account as a traveler, any confirmed reservation will be automatically cancelled and any refund will depend on the terms of the cancellation policy relating to the reservation.

11.3. Without limiting our rights specified below, PLAN IT SMARTER may terminate this Agreement at any time by giving you thirty (30) days prior written notice to the email address registered in your PLAN IT SMARTER account.

11.4. PLAN IT SMARTER may immediately, without notice, terminate this Agreement and/or cease providing access to this website if (i) you have materially breached your obligations under these Terms, our policies or standards, (ii) you have violated any laws, regulations or applicable third party rights, or (iii) PLAN IT SMARTER believes in good faith that such action is reasonably necessary to protect the safety or personal property of PLAN IT SMARTER, its Members or third parties (for example, in the event of fraudulent conduct by a Member).

11.5. In addition, PLAN IT SMARTER may take any of the following steps (i) to comply with applicable law, order or request of a court, law enforcement agency or other administrative or governmental body, or if (ii) you have violated (iii) you have provided inaccurate information, fraudulent, out-of-date or incomplete during the registration of the PLAN IT SMARTER account, the referencing process or thereafter, ( iv) you and/or your hosting services at any time, you do not meet the applicable quality or eligibility criteria, (v) you have repeatedly received poor marks or notices, or PLAN IT SMARTER has become aware of or received complaints regarding your performance or conduct, (vi) you have repeatedly cancelled confirmed reservations or failed to respond to reservation requests without good reason, or (vii) PLAN IT SMARTER believes in good faith that such action is reasonably necessary to protect the personal safety or property of PLAN IT SMARTER, its Members or third parties, or to prevent fraud or other illegal activity:

    11.5.1. refuse to publish, remove or delay any review, criticism or other member content;

    11.5.2. cancel any pending or confirmed reservations;

    11.5.3. restrict your access to or use of this website;

    11.5.4. temporarily or permanently cancel any special status associated with your PLAN IT SMARTER account;

    11.5.5. temporarily or in the event of a serious or repeated breach, permanently suspend your PLAN IT SMARTER account and cease to provide access to this website.

11.6. In the event of a non-significant breach, PLAN IT SMARTER will inform you of any action being considered and give you the opportunity to resolve the problem to PLAN IT SMARTER's reasonable satisfaction.

11.7. If we take any of the actions described above (i) we may give you a full refund for all confirmed reservations that have been cancelled, regardless of any pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed reservations that have been cancelled.

11.8. Once this Agreement is terminated, you are no longer entitled to the restoration of your PLAN IT SMARTER account or your member content. If your access to or use of this website has been restricted, if your PLAN IT SMARTER account has been suspended or if we terminate this Agreement, you may not register a new PLAN IT SMARTER account or access and use this website through another member's PLAN IT SMARTER account.

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12. Notification of non-conforming material

12.1. If you believe in good faith that material hosted by us infringes your copyright, you (or your representative) may send us written notice including the information below. Please note that your complaint will not be processed if it is not completed correctly or is incomplete. Any misrepresentation of any non-compliant content or activity contained in your notice may result in your liability for damages.

12.2. The written notice shall contain :

    12.2.1. Clear identification of the content that you claim is infringing copyright;

    12.2.2. Clear evidence that the material that you claim is infringing is on the website, for example a link to the infringing material;

    12.2.3. Your address, email address and phone number;

    12.2.4. A statement that you " believe in good faith that the material claimed to be infringing copyright has not been authorized by the copyright owner, its agent, or the law ";

    12.2.5. A statement that "the information in the notice is accurate and, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";

    12.2.6. The signature of the person authorized to act on behalf of the owner of an exclusive right allegedly infringed.

12.3. You can send us your notice by email to the following address: copyright@planitsmarter.com.

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13. Account Termination

13.1. PLAN IT SMARTER reserves the right, in reasonable circumstances and at its sole discretion, to terminate accounts belonging to members found guilty of repeated offences. At its sole discretion, PLAN IT SMARTER may also limit access to its website or terminate the accounts of users who violate the intellectual property rights of others, whether or not there has been a repeat offence. If you believe that another user is violating this right and is likely to do so again, please provide us with sufficient information in your statement so that we may verify that such user is an offender.

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14. Disclaimers

14.1.If you choose to use the PLAN IT SMARTER website or the collective content of PLAN IT SMARTER, you do so voluntarily and at your own risk. The PLAN IT SMARTER website and the collective content of PLAN IT SMARTER are provided "as is", without any warranty, express or implied.

14.2. You acknowledge that you have had any opportunity to investigate any PLAN IT SMARTER services, laws, rules or regulations that may apply to the provider services you receive and that you are not relying on any statement of law or fact made by PLAN IT SMARTER regarding a registration.

14.3. If we choose to conduct an identity or background check on a Member, to the extent permitted by applicable law, we disclaim any warranty, express or implied, that such checks will identify misconduct by a Member or guarantee that a Member will not commit misconduct in the future.

14.4. You accept that certain experiences, events, other services may carry an inherent risk. By participating in such services, you choose to assume such risks voluntarily. For example, certain provider services may carry a risk of illness, personal injury, disability or death, and you freely and voluntarily assume these risks by choosing to participate in such services. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service. If you bring a minor as an additional traveler, you are solely responsible for the supervision of such minor for the duration of the service and to the extent permitted by law, you agree to release PLAN IT SMARTER from any and all liability and claims resulting in any way from injury, death, loss or damage caused to such minor during the service of the Provider or in any way related to the service.

14.4. The foregoing disclaimers apply to the fullest extent permitted by law. You may have other statutory rights. However, the duration of the warranties required by law, if any, will be limited to the maximum extent permitted by law.

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15. Liability

15.1. You acknowledge and agree that, to the fullest extent permitted by law, all risk arising from your access to and use of this website and the collective content, your publication or booking of a service through this website, your stay in any accommodation, participation in any experience or event or use of any other service or participation in any other interaction with other members, whether in person or online, is yours. Neither PLAN IT SMARTER nor any other party involved in the creation, production or distribution of the website or the PLAN IT SMARTER collective content shall be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data, interruption of service, computer damage or system failure or cost of substitute products or services, or damages for personal injury, bodily or emotional harm arising out of or in connection with (i) these Terms, (ii) the use of or inability to use this website or the collective content, (iii) from any communication, interaction or meeting with other members or other persons with whom you communicate, exchange or meet as a result of your use of this website, or (iv) from your posting or booking of a service, including use of the Provider's services, whether based on warranty, Contract, tort (including negligence), supplier liability or any other legal theory, and whether or not PLAN IT SMARTER has been advised of the possibility of such damage, even if it is determined that a limited remedy set forth herein has failed in its essential purpose.

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16. Dispute Resolution, Applicable Laws and Jurisdiction

16.1. Disputes in connection with the execution of the travel service

    16.1.1. As the contractual link is established between the supplier and the user, any complaint concerning the conditions of stay or the execution of the travel service must be addressed to the supplier directly.

16.2. Disputes relating to the Terms of Use or the Website

    16.2.1. These Terms and your use of this Website are governed by Canadian law. For any dispute arising from these Terms of Use and/or PLAN IT SMARTER's services, we recommend that you contact our Resolution Center to notify him of any complaints. Except as otherwise provided in these terms and conditions, you may use the Resolution Center to submit a request or complaint regarding these terms and conditions of use of PLAN IT SMARTER. An agent of the Resolution Center will handle your case. The agent will review the information you have provided and make the necessary verifications before making a final decision within fourteen (14) business days. In some cases, we may need to contact you to gather additional information before we can make our decision.

    16.2.2. If we are unable to resolve the problem and reach an agreement concerning these Terms of Use, a request may be made by you directly to the Office de la Protection du Consommateur (the "OPC") to add your complaint to the PARLE online dispute resolution platform. This platform provides a completely free environment to negotiate, and if necessary, use the services of a mediator, with the aim of resolving a dispute between the consumer (you) and the merchant (us). Please note that only disputes with 9265-8715 Québec Inc. (PLAN IT SMARTER) concerning your use of this website will be considered by the OPC. If your dispute concerns the service provided by the supplier, you must contact the supplier directly in order to reach an agreement with the supplier. A screening will be carried out by the POC to ensure your good intentions and the eligibility of the dispute before allowing you to submit it. To contact the OPC, please call the following number: 1-877-868-5450. This service is only available to customers residing in Canada.

    16.2.3. The original version of these Terms of Use was written in french before being translated into other languages. These in-house translations are provided as a courtesy only and are not authentic. In the event of a dispute over the content or interpretation of these Terms of Use, or in the event of inconsistency or difference between the french version and a translated version, the french version shall prevail and be authentic unless otherwise provided for by national public policy. The french version is available on this website (by choosing the french interface) and can be sent to you upon written request.

    16.2.4. If any provision of these Terms of Use is or becomes invalid, unenforceable or unenforceable, you will remain bound by all other provisions set forth in these Terms. If this is the case, the invalid provisions shall be enforced unless otherwise provided by national public policy and you agree to comply with provisions that would have the same effect as the invalid, unenforceable or non-binding terms of these Terms of Use.

    16.2.5. This Agreement (including any of the terms mentioned herein) constitutes the entire agreement between the client and PLAN IT SMARTER with respect to this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the client and PLAN IT SMARTER with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as if it were any other business documents and records produced and maintained in printed form.

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17. General provisions

17.1. Except to the extent that they may be supplemented by additional terms, policies, guidelines or standards, these Terms constitute the entire Agreement between PLAN IT SMARTER and you relating to the subject matter hereof, and supersede all prior oral or written agreements or understandings between PLAN IT SMARTER and you with respect to your access to and use of this website.

17.2. No joint venture, partnership, employment or agency relationship exists between you and PLAN IT SMARTER as a result of this Agreement or your use of this website.

17.3. These Terms of Use are not and are not intended to grant any rights or remedies to any person other than the parties.

17.4. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck down and shall not affect the validity and enforceability of the remaining provisions.

17.5. PLAN IT SMARTER's failure to enforce any right or provision in these Terms will not constitute a waiver of that right or provision unless we have acknowledged and agreed to it in writing. Except as expressly provided 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 as otherwise permitted by law.

17.6. You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without the prior written consent of PLAN IT SMARTER. PLAN IT SMARTER may, without restriction, assign, transfer or delegate this Agreement and all rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice. Your right to terminate this Agreement at any time remains unaffected.

17.7. Unless otherwise specified, any notice or other communication to Members permitted or required under this Agreement will be provided electronically and transmitted by PLAN IT SMARTER by email, notification via this Website or messaging service (including SMS and WeChat). You agree and acknowledge that such electronic notices in lieu of a written statement will satisfy PLAN IT SMARTER's obligations.

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18. Help Center

18.1. For quick answers to your questions or to find out how to contact us, please visit the Help Center for travellers.

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