Terms of Sale for Vouchers
By purchasing and printing a voucher ("Voucher") from Travelzoo (Canada) Inc. ("Travelzoo") and Travelzoo Local Inc. ("Travelzoo") which are owned by Travelzoo Inc. ("Travelzoo") using its website (the "Site"), or any other website associated with Travelzoo from time to time, you agree to the additional terms and conditions ("Terms of Sale") as provided hereafter. If you do not agree to the Site's Terms of Service or Terms of Sale, you should refrain from using the Site.
The Voucher you purchase through the Site is redeemable for services or goods supplied by the Merchant. The Merchant, not Travelzoo, is the issuer of the Voucher and the seller or supplier of goods and services and is solely responsible for redeeming any Voucher you purchase. Vouchers sold for date specific events are not eligible for a refund. Any request for a refund must be submitted in writing within 7 days of purchase to the email address firstname.lastname@example.org. Travelzoo can only issue refunds to the original card holder's credit card.
Promotional Vouchers are distributed in connection with Promotional Programs.
1. Specific Terms and Conditions for Restaurant Vouchers
"Restaurant" hereafter shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
- The use of Vouchers for Restaurants may be subject to statutory limitations on the amount of the Voucher that may be redeemed for the purchase of alcoholic beverages. The use of Vouchers at Restaurants for the purchase of alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law.
- The Site's Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified and accepted by the Merchant.
- Restaurant Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Merchant.
- Restaurant Vouchers are not valid for take-out and are for dine in only, unless otherwise stated by the Merchant on the Voucher.
- Frequency of redemption is determined by Merchants, and shall be contained in the Voucher offer on the Site.
- The issuing of restaurant credit is at the sole discretion of the Merchant unless otherwise required by applicable law.
- Neither Travelzoo nor the Merchant is responsible for lost or stolen Vouchers or Restaurant Voucher reference numbers.
- Reproduction, sale or trade of a Restaurant Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with the terms & conditions will render the Restaurant Voucher void.
- Void to the extent prohibited by law.
- The Voucher identifies the date on which the Promotional Program ends as the expiry date (and this is the end of the Designated Promotional Offer Period). When you redeem the Voucher, the amount that you paid for the Voucher will be applied to the price of the meal or food services you purchase before any of the remaining Promotional Offer Value is applied. Local Deal Vouchers are intended to be used in a single transaction during the Designated Promotional Offer Period. If you redeem the Voucher during this period for a transaction with a value less than the Promotional Offer Value, unless required by law or permitted by the Merchant, you forfeit the difference between the amount you paid for the Voucher and the Promotional Offer Value. If you redeem the Voucher for less than the amount you paid for the Voucher, you will only be entitled to a credit or cash from the Merchant equal to the difference between the amount you paid for the Voucher (NOT the Promotional Offer Value) and the amount you redeemed, to the extent required by applicable law. For example, if you paid $30 for a Voucher which entitles you to purchase $60 of product by December 1, 2010 and you make a purchase for $50 on August 30, 2010, you will not be entitled to a credit or cash from the Merchant equal to the difference between the $60 Promotional Offer Value and the amount you redeemed from the Merchant , unless required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
- Travelzoo’s sole role in the transaction is as a marketing agent for the Restaurant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Travelzoo has no role in such determination or action on the part of the Merchant.
2. Specific Terms and Conditions for All Other Merchant Vouchers
- Unless otherwise specified on the Voucher or by the Merchant, there is a limit one (1) Voucher per redemption.
- A Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither Travelzoo nor the Merchant is responsible for lost or stolen Vouchers or Voucher's reference number.
- Reproduction, sale or trade of a Merchant Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with the terms and conditions will render the Voucher null and void.
- Void to the extent prohibited by law.
- The Voucher identifies the date on which the Promotional Program ends as the expiry date (and this is the end of the Designated Promotional Offer Period). When you redeem the Voucher, the amount that you paid for the Voucher will be applied to the price of the goods or services you purchase before any of the remaining Promotional Offer Value is applied. Local Deal Vouchers are intended to be used in a single transaction during the Designated Promotional Offer Period. If you redeem the Voucher during this period for a transaction with a value less than the Promotional Offer Value, unless required by law or permitted by the Merchant, you forfeit the difference between the amount you paid for the Voucher and the Promotional Offer Value. If you redeem the Voucher for less than the amount you paid for the Voucher, you will only be entitled to a credit or cash equal to the difference between the amount you paid for the Voucher (NOT the Promotional Offer Value) and the amount you redeemed from the Merchant, to the extent required by applicable law. For example, if you paid $30 for a Voucher which entitles you to purchase $60 of product by December 31, 2010 and you make a purchase for $50 on December 15, 2010, you will not be entitled to a credit or cash equal to the difference between the $60 Promotional Offer Value and the amount you redeemed from the Merchant, unless required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Additional Terms and Conditions for All Vouchers
All Vouchers shall be subject to the terms and conditions of Travelzoo and the participating Restaurant or Merchant. The Merchant or Restaurant is the seller of the goods or services which you are purchasing. Travelzoo is acting as a limited sales agent for the Merchant, selling Vouchers on behalf of the Merchant.
The issuer of a Restaurant Voucher is the Restaurant. The issuer of a Merchant Voucher is the Merchant. As an issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as the case may be, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Travelzoo and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant Vouchers and Merchant Vouchers are redeemable in their entirety and on a one-time basis only and are not intended to be redeemed incrementally or in respect of multiple purchase transactions.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the Designated Promotional Offer Period (i.e. the expiration date on the Voucher). While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the Travelzoo Local Deals promotional offer stated on the Site, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the end of the Designated Promotional Offer Period. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire (recognizing that applicable law may preclude an expiry date) . In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so.
By using this Site and printing a Voucher, and without limiting your or our remedies at law, you agree that:
- Any claim, dispute, or controversy (each, a “Claim”) you may have against Travelzoo arising out of, relating to, or connected in any way with this agreement, or the Site and purchase or sale of any Voucher(s), shall be resolved by arbitration pursuant to this Arbitration Provision, the provisions of the Arbitration Act, 1991 (Ontario) and the National Arbitration Rules (the “Rules”) of the ADR Institute of Canada, Inc. (the “Administrator”) or its successors or a replacement Administrator. You may contact the Administrator at:
ADR Institute of Canada
234 Eglinton Avenue East, Suite 500
Toronto, Ontario M4P 1K5
- Prior to the initiation of any Claim we have the right to change or replace the Administrator and the Rules at our sole discretion.
- All Claims will be arbitrated on an individual basis. The parties agree that individual arbitration provides a more efficient and cost effective method of resolving Claims than court litigation. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Travelzoo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding the foregoing, Claims brought by you against us, or by us against you, may be joined, heard one after the other or consolidated, as the arbitrator will direct, in arbitration with Claims brought by or against someone other than you, if all such claimants agree in writing.
- The parties further agree that the arbitrator will have no jurisdiction or authority to consider any Claim brought on a class action or representative party basis.
- Any arbitration hearing that you attend will take place in the province or territory of your residence. We will be responsible for paying the arbitrator and arbitration administration fees (including filing, administrative, hearing and/or other fees) unless the arbitrator or appeal panel determines that your Claim was frivolous or vexatious, in which case, the fees will be in the discretion of the arbitrator or appeal panel. Awards of legal costs will be in the discretion of the arbitrator or appeal panel but in the event you are unsuccessful in the arbitration, or appeal where applicable, you will not be responsible for our legal costs unless the arbitrator or appeal panel determines that your Claim was frivolous or vexatious. The arbitrator will take reasonable steps to preserve the privacy of individuals and of business matters. Where the Claim being arbitrated is for an amount less than $50,000.00 there will be no oral discoveries or oral hearing subject to the discretion of the arbitrator to direct otherwise.
- The arbitrator’s decision will be final and binding.
- In any event, and notwithstanding the above, the parties waive any right they may have to commence or participate in any class action or class proceeding with respect to any Claim by or against Travelzoo, and they agree to opt out of any class proceeding in which the parties may be a class member.
You agree to indemnify and hold harmless Travelzoo, its affiliates, and its and their officers, directors, employees, agents, and contractors from any claim, action, demand, loss or damages (including lawyers’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
You understand and agree that the information, services, products and materials available from Travelzoo are provided on an "as-is" and "as available" basis. to the fullest extent permissible pursuant to applicable law, Travelzoo and its affiliates disclaim all warranties of any kind, both express and implied, including but not limited to any warranties of title, and implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by Travelzoo or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such information or advice.
You acknowledge that Travelzoo does not control in any respect any information, products or services offered by third parties on or through this site. Travelzoo assumes no responsibility for any damages suffered by a user, including, but not limited to, loss from nondelivery of services purchased from companies listed on Travelzoo such as (but not limited to) airfare, hotels, tours, transfers and vouchers. User is aware that companies and their agents providing such services are not in any way related to Travelzoo and Travelzoo has no responsibility to ensure delivery of such services.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL TRAVELZOO OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SALE OR USE OF A VOUCHER, EVEN IF TRAVELZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without resort to its conflict of law provisions.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
It is the express wish of the parties that this agreement and any related documentation be drawn up in English. Il est de la volonté expresse des parties que cette convention ainsi que tout document connexe soient rédigés en langue anglaise.
Travelzoo (Canada) Inc. obtains operational support services from Travelzoo Inc. at 590 Madison Avenue, 37th Floor, New York, NY 10022 (phone no. 1-877-665-0000) You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.