PLEASE READ THIS TRAVEL SERVICES PURCHASE AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions.  By using this site, you are specifically agreeing to these terms and conditions.  If you do not agree with any part of the following terms and conditions, you must not use this site.

For good and valuable consideration (including, without limitation, the mutual covenants and agreements of this Travel Services Purchase Agreement), the user (“you” or "Customer") accept, without modification, the terms and conditions of this Travel Services Purchase Agreement (this "Agreement") as set out below, and to the terms and conditions of the air carrier, hotel, car rental company, tour operator or other travel services supplier (each a "travel services provider") which are applicable to the travel services being purchased by the Customer from the travel services provider. The Customer acknowledges having had the opportunity to review the terms and conditions of the travel services provider prior to completing the purchase of travel services.

Customer’s use of this MBNA Rewards Travel Website (the “Rewards Site”) in any manner, including browsing, activating an account or making a purchase, constitutes the Customer’s acknowledgement that they have read this Agreement and agree to follow and be bound by it.  These Terms and Conditions are applicable to all users of this Rewards Site. By using this Rewards Site you agree to these Terms and Conditions, as written and outlined on this page for this Rewards Site. By using this Rewards Site you also consent to the terms laid out in the Kognitiv Privacy Policy. You also agree to the terms and conditions of the respective travel supplier, tour company/operator, airline, cruise line or hotel etc. providing the travel product you are purchasing (e.g. vacation packages, flights, hotel reservations, cruise packages, etc.). The Rules and Regulations (or Terms & Conditions) for the tour operator, airline, etc. providing the Cardholder’s selected product are made available during the booking process via a featured link to their Terms and Conditions.  MBNA Financial, a division of the Toronto-Dominion Bank, the sponsoring company (“MBNA”), or its provider, 8742995 Canada Inc., (“Kognitiv”) reserve the right to modify or change this Agreement at any time without prior notice to the Customer. The Customer’s continued use of the Rewards Site signifies their acceptance of such revisions.  It is Customer’s responsibility to review the Agreement carefully each time they use the Rewards Site.

In this Agreement, Kognitiv is the "Agency of Choice" selected by the Customer.  In providing travel information, making reservations and issuing tickets and other documents to the Customer, Kognitiv acts solely as the agent for the travel services provider. Kognitiv does not guarantee or insure the travel services to be provided by any travel services provider. Kognitiv assumes no responsibility for actions beyond its control in connection with travel services. Kognitiv is not responsible or liable for any claims, losses, damages, costs or expenses arising out of personal injury or death, loss of enjoyment, upset, disappointment, distress or frustration, loss of or damage to property, accident, delay, non-performance, irregularity, or any consequence from them, which may be occasioned through the neglect or default or any act or omission of any travel services provider or any governmental authority or which may be occasioned through weather, equipment failure, labour disputes, sickness, theft or any other reason not within the direct control of Kognitiv. Without limiting the generality of the foregoing, Kognitiv is not responsible for any incidental, special, punitive or consequential damages whatsoever.  

Kognitiv transmits the proceeds from the sale of travel services to the travel service provider supplying those travel services and Kognitiv acts as the travel service provider's agent. If a travel service provider defaults prior to providing the travel service for which Customer has made payment, the Customer's sole recourse for refund is with the defaulting travel service provider, or from insurance covering such defaults.

Kognitiv disclaims all liability for errors or bias in reservations, fares, or other information provided by any automated airline reservation system.

The Customer must be at least 18 years of age in order to purchase travel services under this Agreement and must be a resident of Canada.  By using this Rewards Site, Customer represents that it meets these eligibility requirements, and acknowledges that Kognitiv is relying on this representation.

This Rewards Site, including each of its modules, together with the arrangement and compilation of the content found on this site is the copyrighted property of Kognitiv and/or its various third party providers and distributors.  Much of the content found on this site is owned by third party providers and distributors and other information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Kognitiv, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Kognitiv or such other party that may own the Trademarks.
Additional Trademark information:
Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. 
MBNA rewards are a registered trade-mark of The Toronto-Dominion Bank.
MBNA Financial is a division of The Toronto-Dominion Bank.
All trade-marks are the property of their respective owners.
® / MBNA and other trade-marks are the property of The Toronto-Dominion Bank.

Kognitiv grants the Customer a limited, non-transferable license to use this site in accordance with this Agreement. Customers may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.  The Rewards Site and the content provided in the Rewards Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Kognitiv and/or its third party providers and distributors, except that the Customer may download, display and print the materials presented on this site for their personal, non-commercial use only.

Customers using the Rewards Site are responsible for maintaining the confidentiality of their account information and their password.  Customer agrees to accept responsibility for all activities that occur under their account or password.  Customer represents that they are of sufficient legal age to use this site and to create binding legal obligations for any liability they may incur as a result of the use of this site.  Customer understands that they are financially responsible for all uses of this site by them and those using their login information.

All prices in this Rewards Site are stated in Canadian dollars unless otherwise indicated.  Airport fees for airports that require payment on site, where applicable, are not included in the pricing. All prices are subject to change without prior notice.  Kognitiv is not responsible for any fluctuation or changes in pricing that may occur before, during or after a purchase as a result of a travel supplier change.  Kognitiv is not responsible for a change in schedule or equipment or accommodations in connection with any travel service that occurs before, during or after the purchase of the travel service.  Space may be limited and prices are subject to changes on pending bookings.  Vacancy, accommodations and ticket prices will only be reserved/confirmed once the booking/transaction is paid for in full.  All travel services are subject to availability and are deliverable to residents of Canada only.

All informational content, such as hotel and destination information on this website is provided only as a guideline and may not be an exact representation.  Hotel and destination images as well as information on this website are representational only and cannot be guaranteed completely accurate.

The Customer is responsible to ensure that the spelling of ALL passengers names (including but not limited to children and infants) entered during the booking process are correct and are exactly as they appear on their travel documents. (I.e. passports, visas etc…)  Customer understands and acknowledges that if any changes to the names are required after the booking is made, charges/fees will apply.  In rare cases, the original booking may be forfeit without any refund or compensation.  Kognitiv is not responsible for any errors or omissions that the Customer makes during the booking process.

The Customer is responsible to read the Terms and Conditions (or rules and Regulations) of the tour operator, airline or any other travel supplier prior to making a booking purchase on the website.  Once the booking is complete the Customer is subject to all Terms and Conditions, Rules and Regulations including this Travel Services Purchase Agreement.

Full payment is required at the time of purchase for online bookings. Online purchases can be made using MBNA Rewards points, MBNA Rewards World Elite MasterCard or MBNA Rewards Platinum Plus MasterCard, or a combination of MBNA Rewards points plus a charge on your MBNA Rewards World Elite MasterCard or MBNA Rewards Platinum Plus MasterCard. Third party credit card booking are not permitted. All fraudulent purchases will be investigated and prosecuted.  The credit card holder making the booking is the person with whom Kognitiv has the contract agreement to provide travel services to and is this person with whom Kognitiv is liable to.

If the customer resides in the Province of Québec, the customer authorizes Kognitiv to charge a Québec travel compensation fund fee equal to 0.1 % of the cost of the travel services purchased by the Customer (excluding insurance, service fees, GST and QST) to the same credit card as the Customer uses to purchase the travel services.

After a purchase is made, the customer will receive an e-mail confirming the purchase. It is the Customer’s responsibility to verify that the information contained in that e-mail correctly reflects the travel services purchased. If any of the information in the e-mail is incorrect, the Customer MUST contact Kognitiv on the same day on which the email confirmation is received in order to have it corrected.  The customer understands that any changes will be subject to the travel services provider’s terms and conditions.

Electronic tickets (e-tickets) and/or any supporting documents or information will be sent to the Customer  by e-mail. For other travel documents issued by travel services providers, courier delivery will be made with the customer by Kognitiv.  

All Canadian citizens including infants/children must carry a valid Canadian passport when travelling abroad. A passport must be valid for at least 6 months after the scheduled date of departure from the last country visited, regardless of the entry requirements of the country.  It is Customer’s responsibility to ensure that the Customer and all other persons traveling with the Customer or on their own have the appropriate documentation in their possession.  It is the responsibility of the Cardholder to ensure that they have the appropriate documentation (Passport, Visa, Permanent Resident card, tourist cards, affidavit for minor children, any vaccinations that may be required and other documents etc.) to gain entry to the chosen destination and re-entry into Canada upon your return. The Customer acknowledges having had the opportunity to review the applicable documentation and other requirements prior to completing the purchase of travel services. If your passport or any other travel entry documents are damaged in any way, you may be denied boarding and will be responsible for all costs associated with a new passport and replacement travel arrangements.  Obtaining passports and visas may require lengthy processing times and it is the Customer's responsibility to ensure timely receipt of all documents. The Customer acknowledges that entry to another country may be refused even if the required information and travel documents are complete.

Specialized notarized documentation may be required for unaccompanied minors and for children traveling without both parents.  Customer must request details from Kognitiv.

The information, software, products and services published on this website may include inaccuracies or errors, including pricing and description errors.  Kognitiv does not guarantee the accuracy of, and disclaims all liability for any errors of other inaccuracies relating to the information, pricing and description of any travel products and services displayed on this website. Kognitiv reserves the right to correct any pricing errors on this website and/or any pending reservations made under an incorrect price. In such event, if available, you may keep your pending reservation at the correct price or you will be able to cancel your reservation without penalty.

Airline carriers, hotels and other suppliers providing travel and other services on this website are independent contractors and/or suppliers and not agents or employees of Kognitiv.  Kognitiv is not liable for their acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting there from.  Kognitiv has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond or direct control and have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government authority. 

This website may contain hyperlinks to website operated by parties other than Kognitiv.  Such hyperlinks are provided for your reference only.  Kognitiv does not control such websites and are not responsible for their contents or the privacy or other practices of such websites.  Kognitiv’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Customer check-in at the airport for air travel within the time specified by the applicable travel services provider and, following check-in, proceed to the correct departure gate by the time specified on the Customer's boarding pass.  A Customer will be denied boarding if the Customer has not checked in or arrived at the correct departure gate on time. Kognitiv is not responsible for missed flights.

All flight times, carriers, equipment and itineraries are subject to change with or without prior notice. If Kognitiv is made aware of a change by a travel services provider, it will use commercially reasonable efforts to advise the Customer as soon as possible. For air travel, please contact the applicable airline 24 hours prior to departure to reconfirm flight times and status. In the event of a flight delay related to weather, traffic or another force majeure situation, it may not be possible for the air carrier to provide meals and/or accommodations. Kognitiv is not responsible for lost wages, missed holiday time or any other additional charges incurred as a result of changes in times or itineraries.

Customers should allow for the minimum connecting time approved by the applicable travel services provider in order to reduce the risk of missing connecting flights. All connecting flight reservations are made at Customer’s sole risk.  Kognitiv is not liable for damages or additional fees incurred by the Customer owing to a missed flight connection, whatever the reason.

Air travel to other countries is governed by various conventions and agreements between Canada and other governments, which are incorporated into the terms and conditions of the customer's purchase of applicable air travel services. Incorporated terms may include, but are not restricted to:

1. limits on liability for personal injury or death;
2. limits on liability for lost or damaged baggage and its contents, including fragile or perishable
3. goods, and availability of excess valuation coverage;
4. claims restrictions, including time periods within which passengers must file a claim or bring an action against the air carrier;
5. rights of the air carrier to change the contract;
6. rules on re-confirmation of reservations, check-in times and refusal to carry; and
7. rights of the air carrier and limits on liability for delay or failure to perform service, including schedule changes, substitution of alternate air carriers or aircraft and rerouting.

It also is the Customer's responsibility to become familiar with the relevant laws and customs of the countries of destination. The Customer acknowledges that the living standards and practices at the destination and the standards and conditions there with respect to the provision of utilities, services and accommodation may differ from those found in Canada.

Baggage fees vary by airline and it is the responsibility of the Customer to read the individual baggage handling policies and pricing of their airline. The customer must consult the terms and conditions of the applicable airline for restrictions on the number and weight of baggage on chartered and scheduled service. Lost or damaged baggage is the responsibility of the airline, which may have limited liability. Kognitiv recommends the purchase of insurance for loss of, or damage to, baggage. In the event of damaged, lost or delayed baggage, please contact the applicable airline representative prior to leaving the airport. Failure to do so will invalidate the Customer's claim.

Kognitiv offers the Customer the option of purchasing travel insurance, including trip cancellation insurance and out of province health insurance, to insure the Customer against the risks described in the applicable policy that may occur prior to, during or after the Customer's trip. It is recommended that the Customer purchase travel insurance.
There are different types of insurance packages available. Travel insurance may only be purchased by the Customer at the time of purchasing the travel services to which the insurance relates (excluding out of province medical only insurance, which may be purchased anytime up until departure). To make an insurance claim it is the Customer's responsibility to contact the insurance carrier as soon as possible. Contact Kognitiv if more information regarding travel insurance is required.

The Customer acknowledges that it has been made aware of the availability of travel insurance coverage, including trip cancellation insurance and out of province health insurance, and the Customer has either purchased or expressly declined to purchase that insurance prior to completing the purchase of travel services.

Cancellation penalties for purchased travel services vary depending on the travel services provider. In many cases, the price of travel services is 100% non-refundable or cancellation carries stiff penalties. Travel service arrangements also may not be changeable or they may be changeable only upon payment of a fee that is determined by the travel services provider. The Customer should consult the terms and conditions of the applicable travel services provider before completing the purchase of travel services.  No refund will be made for any unused travel services or any portion thereof, nor is the price or value of any unused travel services exchangeable for alternative arrangements. In addition to any travel service provider cancellation charges, Kognitiv also charges Customer fees for changes or cancellations.

Should you have a special request, you must advise us at time of booking. All Special Requests, i.e. room on special floors, location of or room views, etc., cannot be guaranteed by the Travel Suppliers. While they will attempt to accommodate such requests, Kognitiv cannot be held responsible if special requests are not fulfilled. Additionally, failure to meet special requests will not constitute breach of contract by Kognitiv.  Please inform us at time of booking of any special service needs and requirements due to medical conditions and/or disabilities.

This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein.

Kognitiv's Privacy Policy is available on the Rewards Site.  By purchasing travel services, the customer agrees that Kognitiv may contact the customer in connection with the purchase of those travel services in accordance with its Privacy Policy.

Travelscape is a registered seller of travel in each of the states listed below:

• California registration number: 2083930-50
• Florida registration number: ST36407
• Iowa registration number: 677
• Nevada registration number: 20020759
• Washington registration number: 602-617-174

IAN.com L.P. is a registered seller of travel in each of the states listed below:

• California registration number: 2083957-50
• Florida registration number: ST-36671
• Iowa registration number: 865
• Nevada registration number: 20070016

The Customer acknowledges and agrees that the Customer shall execute this Agreement by:

1. Clicking on the appropriate icon indicating that the Customer agrees with the terms and conditions of this Agreement;
2. Providing his or her name on the website page where the details of the travel services requested are supplied; and
3. Providing the Customer's credit card type, number and expiry date.

The parties declare that they have requested that this Agreement and any amendments or modifications to it be drafted in English.
Subject to the other terms of this Agreement, this Agreement includes the travel service specifications, prices, travelers and all other travel arrangements indicated on the page of this website where these details have been supplied.

If Customers have any questions or concerns regarding this Agreement, please contact Kognitiv.  Any rights not expressly granted herein are reserved.