Effective Date: January 1 , 2019
These terms of use (“Terms”) apply to the use of websites owned and/or operated by or on behalf of Fraserway RV Limited Partnership by its general partner, Fraserway RV GP Ltd., a British Columbia corporation or its subsidiaries or affiliates (each a “Site” and collectively, the “Sites”). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of the Site is expressly conditioned on your acceptance without modification of the following Terms. By using this Site, you signify your acceptance of the Terms. If you do not agree with any part of the Terms, you must not use this Site.
When we refer to “Fraserway”, “we”, “us” or “our”, we mean Fraserway RV Limited Partnership by its general partner, Fraserway RV GP Ltd., or one of our subsidiaries or affiliates including but not limited to Travelhome the RV Marketplace, Country RV, Adventurer MFG Limited Partnership, and Four Seasons RV Rentals.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of this Site, at any time and in its sole discretion. We will inform you of any material changes via email and/or a prominent notice on the applicable Site prior to the change coming into effect. Your continued use of this Site following the posting and/or notice of its changes or modifications will constitute your acceptance of such changes or modifications. We advise you to review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
The Terms do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services. If you have any question regarding the use of the Site, please direct them to webmaster@fraserway.com.
INCORPORATED POLICIES OR TERMS
- Privacy Policy. We believe strongly in protecting user privacy and providing you notice of our collection and use of data, including personal information, collected from the Site. We have adopted a Privacy Policy that you should refer to fully understand how we use and collect your personal information.
- Terms and Conditions. All rentals placed via the Site are governed by our Terms and Conditions. You should refer to our Terms and Conditions to learn more about renter’s responsibility, prohibitions and restrictions on use of rented vehicles, liability coverage, and security deposit. By ordering and accepting our services, you agree to be bound by these Terms and Conditions, including the disclaimers and limitations of liability therein. The Terms and Conditions are subject to change without prior notice, in our sole discretion so you should review the Terms of Conditions each time you request our products or services.
ACCOUNT
To access certain features of the Site or our products or services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site using your user name, password or other security information. You agree to notify us immediately at webmaster@fraserway.com of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.
INTELLECTUAL PROPERTY
All Content is the property of Fraserway and/or our various third party providers and is protected under the intellectual property laws of Canada and other jurisdictions. You may print a copy of the Content from your computer only for personal, non-commercial use, provided you do not remove any reference to copyright, trademark, or intellectual property ownership. Any other copying, publication, distribution, display, posting, transmission, transfer or modification of the Content in any form or by any means is strictly prohibited unless you have obtained the prior written consent of Fraserway and/or our third party providers.
The term “Content” as used in the Terms includes any text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.
COUNTRY RV THE RV MARKETPLACE, THE PLACE FOR EVERYTHING RV, FRASERWAY RV, EARLY BIRD RV SHOW & SALE, SNOW BIRD RV SHOW & SALE, Travelhome The RV Marketplace, ALP Home, Adventurer, Four Seasons Economy RV Rentals, Four Seasons RV, the products and services described in this Site, and other indications of origin displayed in this Site are trademarks or trade names of Fraserway or our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fraserway or our suppliers or licensors.
USE OF THE SITE
We grant you a non-exclusive, revocable and limited license to use the Site as permitted by features of the Site. Use of this Site for other purposes is permitted only with our prior written consent. Except as explicitly provided herein, nothing in these Terms shall be deemed to convey to you any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Fraserway or any third party. Use of our content for any purpose not expressly permitted by the Terms is strictly prohibited.
Without limiting the foregoing, you agree:
- to provide true, accurate, current and complete information about yourself;
- that you represent and warrant that you have the capacity and authority to execute agreements and place orders for our products and services;
- that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
- to comply with all applicable laws, rules, and regulations while using this Site; and
- to accept all liability for any acts or omissions arising out of your use of the Site.
Further, you agree not to:
- make any speculative, false, or fraudulent reservation;
- interfere with or interfere with the proper functioning of the Site, or the servers or networks connected to it;
- sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content without our prior written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written permission.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if your booking or account shows any signs of fraud, abuse or suspicious activity, we may suspend or terminate your access to the Site and/or cancel reservations associated with your name, email address or account, and refuse any and all current and future use of the Site by you. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including legal costs and damages.
USER COMMENTS
Some areas of the Site may allow you to send information such as comments, questions, testimonials, ideas, suggestions or other content to us (collectively, “Comments”). By making such Comments available to us, you agree that we may, at any time, without restriction, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, perform, display, and make derivative works of all such Comments and your name as contained in your Comments, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and/or our business, including without limitation for promoting and redistributing the Site or any products and services provided through the Site in any media formats and through any media channels. You acknowledge and agree that we are under no obligation to maintain any Comments in confidence or to pay compensation for any Comments.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
RESERVATIONS AND PURCHASES
If you wish to make reservations or to purchase or request products or services described on this Site, we may ask you to supply certain information applicable to your reservation or purchase, including, without limitation, credit card information and other personally identifiable information about you. You understand that any such information will be treated by us in the manner described in the Privacy Policy. You agree that all information that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
We reserve the right, without prior notification, to change any descriptions or images of, or references to, any products or services on this Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.
Verification of submitted information may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by us or by our licensees, suppliers or business associates.
ORDER CONFIRMATION
No part of this Site constitutes a contractual offer capable of acceptance. The Contents on this Site, including any tools and rental calculators on the Site, are for information purposes only and are not intended to be binding. Every effort is taken to ensure that the Content is accurate; however, we make no claims as to the accuracy of the information contained on this Site.
Upon receipt of your booking request, one of our representatives will provide you with information on booking process, rates, deposit, payment, cancellation and refund (“Rate Information”). Please review the information carefully before you confirm your reservation with us. If you do not accept our terms and conditions, you must not use our services.
Your order constitutes a contractual offer that we may, at our sole discretion, accept. We will send you an order or reservation confirmation email to you to indicate our acceptance. Only once you receive such confirmation email will there be a binding contract between you and Fraserway.
If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within a reasonable time.
RESERVATION DETAILS
Please note all booking requests are subject to availability and cannot be considered booked until you have received an confirmation email from us. Please submit your booking requests at least three business days prior to the date of your departure. We can accept bookings for rental made up to 18 months in advance..
The minimum rental period is four nights or seven nights for departures from October 1 through April 30. Certain promotional rates require a specific minimum to qualify. Please consult the terms and conditions mentioned in your promotional offer.
TERMINATION
You agree that we, in our sole discretion, may terminate your use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the Terms or applicable laws or regulations. We may also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account (if any) and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination or restriction of access to the Site.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
Your use of the Site is at your sole risk. The Site and the content therein are provided “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to this Site. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, contents, information, or materials.
We expressly disclaim all representations and warranties, express or implied, of any kind with respect to this Site or its use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the content or data found on this Site, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade.
LIMITATION OF LIABILITY
You agree that Fraserway, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, access to or use of the Site. You agree that this limitation of liability, is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages).
In no event shall our aggregate liability (whether in contract, warranty, tort (including negligence), product liability, strict liability or other theory) arising out of or relating to the use of the Site exceed the amount received by us from you in the 180 days prior to the date on which you first assert a claim.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
INDEMNIFICATION
You shall indemnify, defend and hold harmless Fraserway and our officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited to any violation by you of the Terms. We reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
LINKS TO OTHER SITES
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
CONFLICTS
In the event a conflict arises between any information on this Site, this Terms, and/or any agreement you have with us, the terms of your agreement with us will prevail over this Terms and the information posted on this Site, and this Terms will prevail over information posted on this Site.
RELATIONSHIP
The relationship between Fraserway and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or use of this Site.
GOVERNING LAW
The Terms and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and the Terms.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
SEVERABILITY
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
ENTIRE AGREEMENT
These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.