Legal
Thank you for using Flair Cargo, the dedicated air-freight division of Flair Airlines Ltd. (“Flair”). These terms and conditions (the “Agreement”) govern your use of the Flair Cargo website and related digital properties (the “website”), through which you can obtain rates and capacity information and book, document, and manage air-cargo shipments. Flair Cargo transports shipments, not passengers.
By using our website, you agree to this Agreement and a binding agreement is entered into between you and Flair. If you do not agree, please do not use the website. Flair may change this Agreement from time to time; where required by applicable law, we will give the notice required, and changes will not be applied retroactively. It is otherwise your responsibility to review these terms when you access the website.
The Flair Cargo website is hosted and operated on Flair's behalf by a third-party technology provider, and certain functions may be provided by other service providers. Flair contractually requires that provider and its other service providers to maintain administrative, technical, physical, and security safeguards that are equivalent to those Flair applies, and to comply with applicable law, including privacy law. Flair remains accountable for the website notwithstanding that it is operated by a third party on its behalf.
This Agreement grants you a limited licence to use the website, limits Flair's liability, and explains the rules that apply to your use of the website. All personal information you submit is handled in accordance with the Flair Cargo Privacy Policy. You may not assign this Agreement; it remains personal to you or the party you are authorized to represent.
You may use the website to obtain information about, and to book, document, track, and manage, air-cargo shipments for yourself or for the party you are authorized to represent. You may not use the website for any other purpose, including resale or other commercial use, except as expressly permitted by Flair.
By accessing or using our website, you represent and warrant that:
You may not use the website for any purpose that is deceptive, fraudulent, or unlawful, or that is prohibited by this Agreement. Without limiting the foregoing, you shall not use automated means (such as robots, scripts, screen scrapers, crawlers, or spiders) to access, copy, extract, aggregate, or monitor the website or its content; interfere with the normal functioning of the website; circumvent measures Flair uses to protect the website; or make any fraudulent, speculative, or false booking. Nothing in this section, or in the representations and warranties regarding your digital identity, prohibits or restricts the use of assistive or adaptive technologies by a person with a disability to access or use the website, and Flair will not treat the legitimate use of such technologies as a breach of this Agreement.
Information you provide through the website is handled in accordance with the Flair Cargo Privacy Policy. Computer records of data input through the website, and information concerning the operation and content of the website, are stored in reasonably secure conditions and may be admitted as evidence of your dealings with the website.
The website and its content are provided on an “as available” and “as is” basis. To the maximum extent permitted by law, Flair disclaims implied warranties and conditions and is not liable for inaccuracies, service interruptions, or the inability to access the website, and the total liability of Flair for matters arising from your use of the website is limited to one thousand dollars ($1,000.00) in Canadian currency.
The foregoing disclaimer and limitation apply to your use of the website only. They do not apply to, and do not limit, Flair's liability as a carrier of cargo, which is governed by the applicable air waybill and conditions of carriage, Flair Cargo's tariff. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law. Information on the website is available in accessible formats on request.
All carriage of cargo is subject to Flair Cargo's conditions of carriage, the air waybill, and the applicable tariff, which are incorporated into this Agreement by reference and govern the carriage. In the event of a conflict between this Agreement and those documents, those documents govern. For international carriage governed by the Montreal Convention, the carrier's liability for cargo is limited to the per-kilogram amount fixed by that Convention (as periodically revised) unless a higher value is acceptable to Flair Cargo and declared and any applicable charge paid, and claims are subject to the time limits set out in the Convention and the air waybill.
As a condition of your use of the website, you agree to defend, indemnify, and hold harmless Flair from and against any claims, liabilities, damages, costs, and expenses arising out of or connected to your use of the website, your breach of this Agreement, or your tendering of any shipment in contravention of applicable law (including dangerous-goods, export-control, sanctions, customs, or security requirements). This indemnity does not extend to claims to the extent they arise from Flair's own negligence or wilful misconduct.
This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You submit to the jurisdiction of the courts of the Province of Alberta; nothing in this Agreement deprives a person of the benefit of any mandatory provision of the law of their place of residence that applies in the circumstances. This Agreement, together with the documents it incorporates by reference, is the entire agreement between you and Flair regarding the website. If any provision is held invalid, the remaining provisions continue in effect.
Flair Cargo's conditions of carriage, the air waybill, and the applicable tariff are incorporated into this Agreement by reference and govern the carriage of shipments. In the event of a conflict between this Agreement and the tariff, the tariff governs.
If you have questions or feedback about these terms, please contact us through the Flair Cargo website. Flair Airlines Ltd., 6543 – 1000 Airport Road, Edmonton International Airport, Leduc, Alberta, T9E 0V3.
