Terms and Conditions of whistlerreservations.com
These Terms govern
- the use of whistlerreservations.com, and,
- any other related agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Whistlerreservations.com is provided by:
Whistler Central Reservations Ltd
(operating as whistlerreservations.com)
PO Box 1209, Whistler, BC, V0N1B0
Owner contact email: email@example.com
What the User should know at a glance
- The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
- The Service/whistlerreservations.com is only intended for Consumers.
Responsibilities, Terms, & Conditions
Please read the following carefully.
The responsibility of Whistler Central Reservations Ltd (hereinafter known as Whistler Reservations) and/or its agents are limited. Whistler Reservations act only as an Introductory agent for clients in regard to travel and leisure services. Whistler Reservations assumes no liability for injury, damage, loss, accident, delay or irregularity which may be occasional either by reason of defect, through acts of God, war, fire, breakdown in machinery, riots, strikes or from any causes beyond the control of Whistler Reservations. All tour services including Golf tee times, activities of any descriptive, transportation and lodging are furnished by independent contractors (suppliers/vendors) and do not act for or on behalf of Whistler Reservations. The acceptance of tour/travel arrangements is deemed to be consent to the above. Whistler Reservations is not liable or responsible in any way whatsoever for any act, error or omission or for the inconvenience, loss, damage, injury or death arriving out of tour or travel arrangements.
RESERVATIONS AND PAYMENTS:
All Accommodation providers have different policies. Your policy will be confirmed to you at the point of reservation and reiterated in an emailed confirmation. Whistler Central Reservations, create discount packages from various suppliers of services and products. In accepting these terms and conditions, you agree to allow Whistler Reservations to release your Credit Card details to our trusted 3rd party suppliers of your chosen package.
No travel services will be booked or confirmed without receipt of a deposit unless otherwise informed. Certain vendors will confirm a reservation without a deposit and payment will be due and taken at a pre-determined date. Certain vendors offer a discounted rate that requires full and final payment with no refund if cancelled. In all cases, Final Payment is due and payable per your confirmation email and per the terms and conditions that you agree to if booking online or via our call centre. For reservations made within 30 days of travel, full payment may be required at the time of booking and is nonrefundable unless otherwise confirmed at the point of sale. On occasion, some vendors will relax this policy to other predetermined parameters as detailed in your terms and conditions.
Whistler Reservations cannot guarantee any reservations not paid on time. In some instances, Whistler Reservations is required to release rooms back to the supplier when not paid on time. In these instances, Whistler Reservations will make every effort to re-acquire space, however, the customer is required to pay any late booking fees incurred by Whistler Reservations plus a $75.00 rebooking fee.
The land portion of the trip.
Whistler Reservations must receive all cancellations in writing. For cancellations outside of 30 days of arrival, whistler reservations will charge an additional administration fee of $75 + Taxes. Depending on the Property booked and the terms, you may forfeit your deposit at the time of reservation. If your trip is cancelled within 30 days of arrival, the client will forfeit the entire monetary amount of the booking, unless agreed at the point of sale and stated in the terms and conditions. All Activity terms and conditions will apply as stated at the point of sale and are governed by the vendor of the activity.
PRE-PAID DEALS. Certain vendors offer a discounted rate that requires full and final payment with no refund or changes allowed from point of reservation. You will be notified in your reservation confirmation of all rules that apply to your individual booking.
Changes made to any existing reservations are subject to a $25.00 administrative fee plus any fees charged by the travel supplier. Any change made to an airline ticket is subject to any and all airline charges regardless of the time of change.
All golfers must check-in at least 30 minutes prior to tee time. Tee times missed due to late check-in or weather-related issues will be handled on an individual basis by each course and are not the responsibility of Whistler Reservations. Once play begins, Whistler Reservations will provide no refunds for any reason. No cash refunds will be issued for rain checks obtained at any golf course. Rain does not constitute cancellation of play unless the golf course officially closes. Whistler Reservations will not be responsible for lost or cancelled tee times as a result of air flight delays, war, or acts of God. All golf courses require proper attire (e.g. collared shirts & tailored shorts-no t-shirts, cutoffs or jeans, or similar).
NO REFUNDS FOR UNUSED SERVICES:
Refunds or allowances will not be made for transportation, accommodations, activities,tee times, services, or other portions of the trip, which are unused on or after the tour departure date.
Passengers are strongly advised to protect themselves with insurance. Optional cancellation, accident, health, and baggage insurance are available to protect tour participants from unforeseen circumstances. Upon request, Whistler Reservations. or your travel agent/Credit Card supplier will provide further information and rates.
ARRIVALS & DEPARTURES:
Check-in/check-out times differ with each accommodation facility. Please check with us to confirm your lodging provider’s terms.
Most Hotels and Lodging providers require a Security Deposit upon check-in. This is taken in the event that there is damage to their property and for incidental room charges. Whistler Reservations are not accountable or responsible for security deposits in this instance.
MINIMUM AGE OF GUESTS:
Guests staying in most of our vendor’s properties must be over 25 years of age unless specifically agreed in writing by Whistler Reservations prior to making the reservation. Whistler Reservations cannot be held responsible for guests who book online and are under the Hotels or Activity provider’s minimum age and are refused accommodation or activity on arrival. It is the sole responsibility of the individual booking party to ensure that all lead members of the party are the required age as detailed or have special permission in writing from Whistler Reservations prior to their visit that they are able to stay in their specific chosen accommodation or complete their reserved activity. It must be advised that certain Hotels and Activity providers will allow lead guests from the age of 19 as long as they hold a Credit Card for a pre Authorised Deposit to be taken at check-in. Please inquire as to which Vendors participate in this scheme if you are unsure.
Whistler Reservations are a Canadian Company based in Whistler BC. All of our services are charged in Canadian Dollars. All currency conversions are that days estimate, final pricing is calculated in Canadian Dollars. Whistler Reservations are not responsible for currency conversions charged by individual travelers credit card companies or banks.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document or on our website.
By using whistlerreservations.com, Users confirm to meet the following requirements:
- Users must qualify as Consumers;
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by whistlerreservations.com.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to user accounts, access credentials or personal data, has been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Service at any time by doing the following:
- By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on whistlerreservations.com
Unless where otherwise specified or clearly recognizable, all content available on whistlerreservations.com is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on whistlerreservations.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on whistlerreservations.com – All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on whistlerreservations.com, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on whistlerreservations.com, the User may download, copy and/or share some content available through whistlerreservations.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through whistlerreservations.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
Whistlerreservations.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of whistlerreservations.com and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to whistlerreservations.com or the Service, terminating contracts, reporting any misconduct performed through whistlerreservations.com or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Some of the Products provided on whistlerreservations.com, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of whistlerreservations.com.
To purchase Products, the User must register or log in to whistlerreservations.com.
Prices, descriptions or availability of Products are outlined in the respective sections of whistlerreservations.com and are subject to change without notice.
While Products on whistlerreservations.com are presented with the greatest accuracy technically possible, representation on whistlerreservations.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
When the User submits an order, the following applies:
- The submission of an order determines the contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on whistlerreservations.com are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of whistlerreservations.com.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If the breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed on the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of whistlerreservations.com.
Most payments are independently processed through third-party services. Therefore, whistlerreservations.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on whistlerreservations.com or as communicated before the order submission.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
- Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
The Owner grants Users a contractual best-price-guarantee. If after purchasing any of the Products available on whistlerreservations.com they retrieve the exact same Product with the exact same specifications and conditions at a lower price from another Provider, the Owner will refund the difference upon presentation of appropriate evidence.
The best-price-guarantee is subject to the following conditions:
- Users have purchased a Product from the Owner;
- On the same day, after having purchased the Product from the Owner, Users find the same product available for purchase at a lower price from a different online provider;
- The product’s specifications and characteristics, such as quantity, time, territorial scope, purpose, brand, etc. are identical to the Product purchased from the Owner;
- The purchase price of the aforementioned product is lower than that of the Product purchased from the Owner. To this end, any personal price reduction resulting from a Coupon or discount code of Users as well as any temporary price reduction, such as in case of a sales, shall not be considered, i.e. the purchase price must already be lower before any such reduction is applied.
In order to claim the best-price-guarantee Users must:
- Store screenshots of and link to the lower-priced offer, making sure that all relevant product specifications and characteristics, date, and time are visible on such screenshots, as well as under such links. Users must also save a screenshot of the last page before purchase confirmation;
- Submit the aforementioned information to the Owner alongside their full purchase reference relating to the Product purchased from the Owner (such as name, last name, address, email address, booking or order no. etc.) within the same day.
The Owner shall then verify that all best-price-guarantee conditions and requirements are fulfilled and, if so, refund the difference between the price paid to the Owner and the lower price of the other provider’s offer.
Liability and indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as whistlerreservations.com has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Limitation of liability
US & Canada Users
Disclaimer of Warranties
Whistlerreservations.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s wilful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of whistlerreservations.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to whistlerreservations.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with whistlerreservations.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of whistlerreservations.com must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US & Canada Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of whistlerreservations.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.