Terms and Conditions for bookings made prior to November 9, 2011 click here.
Terms and Conditions for bookings made prior to December 8, 2011 click here.
THESE TERMS and CONDITIONS are in effect as of and from the 8th day of December, 2011.
BETWEEN:
FLIGHTNETWORK®, being the on-line travel vendor operated by 1466041 Ontario Limited, operating as FlightNetwork®.com, a corporation incorporated under the laws of Ontario
(hereinafter called “FlightNetwork®”)
OF THE FIRST PART
- and -
EACH MY FLIGHTNETWORK® ACCOUNT HOLDER WHO PARTICIPATES IN THE PRICE DROP PROTECTION™ PROGRAM OPERATED BY FLIGHTNETWORK®
OF THE SECOND PART
These Terms and Conditions, in addition to FlightNetwork®’s Terms and Conditions, govern the Price Drop Protection™ Program operated by FlightNetwork®.
In consideration of the use of a My FlightNetwork® Account and the benefits of participation in the Price Drop Protection™ Program, each Named Traveler and Participant agrees as follows:
ARTICLE 11.1 Any capitalized terms not defined in these Terms and Conditions shall have the meanings provided in the FlightNetwork® Terms and Conditions which may be viewed at www.flightnetwork.com. In addition to terms defined elsewhere in these Terms and Conditions, in these Terms and Conditions:
1.2 Additional Rules of Interpretation. Gender and Number. In these Terms and Conditions, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice versa. Headings. The inclusion in these Terms and Conditions of headings of articles and sections are for convenience of reference only and are not intended to be full or precise descriptions of the text to which they refer. Section References. Unless the context requires otherwise, references in these Terms and Conditions to sections, schedules or exhibits are to sections, schedules or exhibits of these Terms and Conditions. Words of Inclusion. Wherever the words “include”, “includes” or “including” are used in these Terms and Conditions, they shall be deemed to be followed by the words “without limitation” and the words following “include”, “includes” or “including” shall not be considered to set forth an exhaustive list. References to these Terms and Conditions. The words “hereof”, “herein”, “hereto”, “hereunder”, “hereby” and similar expressions shall be construed as referring to these Terms and Conditions in their entirety and not to any particular section or portion of them. Statute References. Unless otherwise indicated, all references in these Terms and Conditions to any statute include the regulations thereunder, in each case as amended, re-enacted, consolidated or replaced from time to time and in the case of any such amendment, re-enactment, consolidation or replacement, reference herein to a particular provision shall be read as referring to such amended, re-enacted, consolidated or replaced provision and also include, unless the context otherwise requires, all applicable guidelines, bulletins or policies made in connection therewith and which are legally binding. Document References. All references herein to any agreement (including these Terms and Conditions), document or instrument mean such agreement, document or instrument as amended, supplemented, modified, varied, restated or replaced from time to time in accordance with the terms thereof and, unless otherwise specified therein, includes all schedules and exhibits attached thereto.
1.3 Paramountcy of these Terms and Conditions
These Terms and Conditions shall control the PDP in the event of any conflict between these Terms and Conditions and the FlightNetwork® Terms and Conditions.
2.1 How it Works
The Price Drop Protection™ Program allows Participants and Named Travelers to obtain Price Drop Protection™ Dollars from FlightNetwork® if the base price of a purchased PDP eligible flight, the base price of a purchased PDP eligible hotel or total adult vacation price of a purchased PDP eligible vacation package drops after it has been purchased. Upon the establishment of a My FlightNetwork® Account and the purchase of a PDP eligible flight, hotel or vacation package Participants and Named Travelers may participate in the PDP, all in accordance with and subject to these Terms and Conditions.
2.2 PDP Conditions
General
Flights
Hotels
Vacation Packages
2.3 What Qualifies as a Price Drop?
Flights
Based on the original flight booking, a Price Drop occurs only when an identical itinerary is found, the exact number of seats purchased is available, and the price at which the flight is being sold at www.flightnetwork.com is less than the Participant originally paid before taxes. The airline, flight numbers, flight times, departure and destination cities all must be identical to the original flight purchased. If a Participant finds a better price on www.flightnetwork.com, the Participant can select the Price Drop and obtain Price Drop Protection™ Dollars which are posted to the Participant's My FlightNetwork® Account to the credit of the Holder or Holders of those Dollars.
Hotels
Based on the original hotel booking, a Price Drop occurs only when an identical itinerary is found, the exact number of rooms purchased is available, and the total base price at which the hotel room is being sold at www.flightnetwork.com is less than the Participant's original total base price paid before taxes. The hotel, supplier, room category, number of days, check-in and check-out dates all must be identical to the original hotel booking purchased. If a Participant finds a better price on www.flightnetwork.com, the Participant can select the Price Drop and obtain Price Drop Protection™ Dollars which are posted to the Participant's My FlightNetwork® Account to the credit of the First Named Traveler on the Original Booking.
Vacation Packages
Based on the original vacation package booking, a Price Drop occurs only when an identical vacation package is found, the exact number of seats purchased is available, and the adult price at which the vacation package is being sold at www.flightnetwork.com is less than the Participant originally paid. The departure dates, flight times, airline carrier, flight number, tour operator supplier, resort/hotel and room type, meal plan type and applicable restrictions and/or conditions all must be identical to the original vacation package purchased. If a Participant finds a better price on www.flightnetwork.com, the Participant can select the Price Drop by clicking on the Vacation Price Drop Protection™ Claim email provided and obtain Price Drop Protection™ Dollars which are posted to the Participant's My FlightNetwork® Account to the credit of the Holder or Holders of those Dollars. Price Drops on Vacation packages cannot be earned within 31 days prior to departure.
2.4 How to Select a Price Drop
Flights
A Participant may select a Price Drop for a flight through the online process exclusively. The Price Drop Protection™ Program operates exclusively through the online process provided at www.flightnetwork.com. A Participant checks for decreases in base prices by clicking the "check for price drop savings" button. The pop-up message indicates whether the original purchase price has dropped by any amount for the Participant or any one of the Named Travelers on whose behalf the Participant purchased a flight. If the price has dropped, the Participant clicks the "get me this deal" button to select the Price Drop. Participants can check as many times as they like, but a Price Drop can be selected only once. Assistance in earning Price Drops and redeeming Price Drop Protection™ Dollars Offline is not permitted. If the base price of a Participant's flight hasn't changed or has increased, the Participant can check for a decrease in price again at a later time.
Hotels
A Participant may select a Price Drop for a hotel through the online process exclusively. The Price Drop Protection™ Program operates exclusively through the online process provided at www.flightnetwork.com. A Participant checks for decreases in total base price by clicking the "check for price drop savings" button. The pop-up message indicates whether the original purchase price has dropped by any amount for the Participant or any one of the Named Travelers on whose behalf the Participant purchased a hotel room. If the price has dropped, the Participant clicks the "get me this deal" button to select the Price Drop. Participants can check as many times as they like, but a Price Drop can be selected only once. Price Drop Protection™ Dollars are credited to the First Named Traveller on the Original Hotel Booking. Assistance in earning Price Drops and redeeming Price Drop Protection™ Dollars Offline is not permitted. If the total base price of a Participant's hotel hasn't changed or has increased, the Participant can check for a decrease in price again at a later time.
Vacation Packages
A Participant may select a Price Drop for a vacation package through the Vacation Price Drop Protection™ Claim email provided to them. The Price Drop Protection™ Program operates exclusively through the online process provided at www.flightnetwork.com. A Participant checks for decreases in the total adult prices by clicking the "check for price drops" button. Upon clicking the button, the Participant will be taken to the current availability page of their booked vacation package. If the total adult price has dropped, the Participant clicks the "claim this price drop" at the bottom of the page to select the Price Drop. Participants can check as many times as they like, but a Price Drop can be selected only once. The Participant must then fill out the form and submit their claim. FlightNetwork® will verify the total adult price against the Participant's original booking and credit the Participant's My FlightNetwork® Account. The Price Drop Protection™ Dollars will be seen as a "Vacation Earned" under My Transactions in the Participant's My FlightNetwork® Account. Assistance in earning Price Drop Protection™ Dollars Offline is not permitted. Assistance in redeeming Price Drop Protection™ Dollars for the purchase of a vacation package is both permitted and required, as this process is currently not available Online. If the total adult price of a Participant's vacation package hasn't changed or has increased, the Participant can check for a decreased in price at a later time. Price Drops on Vacation packages cannot be earned within 31 days prior to departure.
2.5 What Happens when Price Drop Protection™ Dollars are Obtained
Once a Price Drop is selected, the Participant will receive an email notification with all of the pertinent details. Price Drop Protection™ Dollars earned on flights or hotels will be posted to the Participant's My FlightNetwork® Account immediately as well as to the My FlightNetwork® Accounts of any Named Travelers on whose behalf the Price Drop was selected. Price Drop Protection™ Dollars earned on vacation packages will be posted to the Participant's My FlightNetwork® Account after verification as well as to the My FlightNetwork® Accounts of any Named Travelers on whose behalf the Price Drop was selected. Price Drop Protection™ Dollars are posted only to My FlightNetwork® Accounts and to Participants and Named Travelers. If a Named Traveler does not have a My FlightNetwork® Account, Price Drop Protection™ Dollars obtained on behalf of the Named Traveler shall be posted to the credit of the Named Traveler in the Participant's My FlightNetwork® Account unless and until the Named Traveler's Price Drop Protection™ Dollars are transferred to a separate My FlightNetwork® Account or applied towards the purchase price of a flight, hotel, vacation package or insurance for the Named Traveler.
2.6 What Happens when Price Drop Protection™ Dollars are Applied?
Once Price Drop Protection™ Dollars are applied towards the purchase price of a flight, hotel or insurance, the Participant will receive a confirmation by email that is generated when their flight booking, hotel booking, vacation booking or insurance policy has been confirmed. Price Drop Protection™ Dollars which are applied towards the purchase price of a flight, hotel, vacation package or insurance will be immediately deducted from the Participant's credited Price Drop Protection™ Dollars and, if applicable, from the Price Drop Protection™ Dollars credited to Named Travelers whose Price Drop Protection™ Dollars are held in the Participant's My FlightNetwork® Account. Application of Price Drop Protection™ Dollars towards the purchase price of a flight, hotel or insurance will only be accepted online. Application of Price Drop Protection™ Dollars towards the purchase price of a vacation package will only be accepted via the FlightNetwork® Call Center.Application of Price Drop Protection™ Dollars towards the purchase price of a hotel bookings are only applicable per room, multiple Price Drop Protection™ Dollars are not permitted in the same reservation.
2.7 Coupon Codes
FlightNetwork® Coupon codes and Price Match Guarantees can be applied in conjunction with the application of Price Drop Protection™ Dollars towards the purchase price of a new flight, hotel, vacation or insurance booking.
2.8 Cancelled bookings
In most cases, flight tickets are non-refundable and non-changeable, however, some airlines will allow cancellations for a fee. These fees can range from $100 - $500. Depending on the time that the Participant's booking is cancelled, Vacation Packages may be 100% non-refundable, partially refundable, or fully refundable. Based on hotel policies during the booking process, some hotels may be non-refundable or partially refundable. There is also a FlightNetwork® cancellation fee that will apply to all cancellations.
If a booking in respect of which Price Drop Protection™ Dollars were obtained and/or applied is cancelled, FlightNetwork® will reverse the original transaction for the Participant and each Named Traveler whose booking is cancelled. Any such reversal will be identified as an "Account Adjustment" in the Participant's My FlightNetwork® Account and will also be reflected in their monthly balance email.
If a flight, hotel or vacation package is voluntarily or involuntarily cancelled prior to selecting a Price Drop on the original booking, a Price Drop cannot be selected in respect of that flight, hotel or vacation package.
A Participant can cancel a booking where Price Drop Protection™ Dollars have been obtained and / or applied, however, this will result in the reversal of the original Price Drop Protection™ Dollars obtained or applied, as the case may be.
2.9 Changed bookings
Flights
If a flight is voluntarily or involuntarily changed prior to the selection of a Price Drop in respect of the original booking, FlightNetwork® will permit a Price Drop to be selected solely on the basis of the updated booking.
A Participant can change a booking where Price Drop Protection™ Dollars have been obtained and/or applied, but the Price Drop Protection™ Dollar balance will be adjusted to cancel any Price Drop which had been selected by the Participant both on the Participant's own behalf and on behalf of all Named Travellers whose booking is changed.
Hotels
If a hotel is voluntarily or involuntarily changed prior to the selection of a Price Drop in respect of the original booking, FlightNetwork® will permit a Price Drop to be selected solely on the basis of the updated booking.
A Participant can change a booking where Price Drop Protection™ Dollars have been obtained and/or applied, but the Price Drop Protection™ Dollar balance will be adjusted to cancel any Price Drop which had been selected by the Participant both on the Participant's own behalf and on behalf of all Named Travellers whose booking is changed.
Vacations
Any Price Drop Protection™ Dollars earned will not be affected when a Vacation booking has been changed. If a Participant has not yet earned Price Drop Protection™ Dollars and has changed their original booking, the Vacation Price Drop Protection™ Claim email sent to the Participant will continue to search the old itinerary. Therefore, the Participant will be unable to use this email to check for Price Drops. If the Participant feels they qualify for Price Drop Protection™ Dollars on their vacation booking, they must contact FlightNetwork® directly to verify that the Participant does qualify for Price Drop Protection™ Dollars.
2.10 Transaction Refunds/Adjustments
There will be cases where original transactions need to be reversed. These instances will be reflected as an “Account Adjustment” under the Transactions tab in Participants’ My FlightNetwork® Accounts and also in monthly balance emails. Examples of account adjustments are as follows:
2.11 Fraudulent Use
FlightNetwork® reserves the right to terminate a Participant’s My FlightNetwork® Account indefinitely in the case of misuse or fraudulent activity. If a fraudulent transaction has been performed, Price Drop Protection™ Dollars will be deducted immediately and the account closed. Any bookings in respect of which fraudulent transactions have been performed will be cancelled immediately without notification to the Participant.
2.12 Income reporting
Each Participant and Named Traveler who obtains / applies Price Drop Protection™ Dollars is responsible to report their own income earned from all sources to the applicable government bodies. FlightNetwork® will assume no responsibility for personal assessments associated with participation in the Price Drop Protection™ Program.
2.13 Technical Issues
FlightNetwork® reserves the right to correct any technical errors as they relate to the My FlightNetwork® Account or Price Drop Protection™ Program. Price Drops selected and Price Drop Protection™ Dollars obtained as a result of malfunctioning or defective technology or software will not be honoured.
2.14 Schedule Changes/Manual Database Updates
In the event of an involuntary or voluntary schedule change, FlightNetwork® will manually initiate Price Drops based on the latest and most up-to-date flight, hotel or vacation package information. FlightNetwork® reserves the right to correct any errors or omissions made as a result of this manual process.
2.15 Voluntarily changed flights resulting in an Airline credit
In the event of a voluntary schedule change, if a Participant changes his or her itinerary using a new flight that is priced lower than the original flight purchased, FlightNetwork® will perform Price Drops on the new itinerary as long as the changes are handled through the FlightNetwork® Call Center. A Participant will not obtain Price Drop Protection™ Dollars based on the original flight booking or if changes are made directly with the airline.
2.16 Amendments
These Terms and Conditions are subject to amendments by FlightNetwork®. FlightNetwork® reserves the right to amend these Terms and Conditions or withdraw the Price Drop Protection™ Program at any time without prior notice.
ARTICLE 33.1 Use of Price Drop Protection™ Program Constitutes Agreement
Participation in the Price Drop Protection™ Program by a Named Traveler or Participant constitutes the Named Traveler's or Participant's agreement to abide by and to be bound by these Terms and Conditions.