Legalese: While Swoop wants to be the airline you fly with because of our great prices and irreverent attitude, we still need to let you know about the legalities. This document sets out those terms and conditions (the "Agreement") under which Swoop ("we", "us", "our") allow you ("you", "your") to use our website ("Website"), whether you do so just to find out about us and our services or to carry out booking of travel services and other activities using the Website.
If you require assistance using Flyswoop.com, help in understanding the terms and provisions of this document, or you wish to provide us with feedback please call us 1-587-441-1001.
Many of the words and phrases in this Agreement have specific meanings so we have provided those for you to read:
Who you are makes a difference in how this Agreement affects you. You may visit or use the Website in different roles at different times as follows
Reservations for persons who may have special needs require extra qualifying information for Swoop to effectively meet our Passengers' needs. Please contact us to make a reservation of this nature. Swoop reserves the right, without liability, to cancel any reservation made through our website for a person with special needs or disabilities, if, in Swoop's sole discretion, reasonable accommodation in accordance with Swoop guidelines on the transportation of such Passengers, cannot be provided in respect of the reservation made.
You warrant and represent to Swoop as follows:
You agree you will follow all the rules and regulations set by Swoop from time to time. Those rules and regulations are currently as set out in this Agreement, as well as in all applicable tariffs filed by Swoop. These rules and regulations will apply to use of any kind of the Website and access to the Data and will apply to you whether you are an Agent or a Passenger, or, as applicable, a Visitor.
You agree that at all times:
You agree that by using Swoop's website or by making a reservation, you and Swoop are not entering into:
This agreement grants no rights, only privileges and permission. You agree that Swoop, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you as an individual under this Agreement may be revoked, suspended or terminated by Swoop at any time without notice.
You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as nasty human activity. While Swoop will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall Swoop be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence of Swoop.
SWOOP DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN "AS IS, WHERE IS", AND "AS AND WHEN AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, SWOOP DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. SWOOP MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. SWOOP FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE. Swoop strives to ensure information is accurate and current. However, we make no representations to you about the accuracy of the information contained on the Swoop website, or the reliability of the reservations services provided herein. This includes, without limitation, the availability of seating on any particular flight regarding fare class, flight number, price, departure and return dates and times, connecting flights and the like.
You further agree Swoop will not be liable to you for any damages you may suffer and that IN NO EVENT WILL SWOOP BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of this Website, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, OR FROM DEFAMATION, LIBEL OR SLANDER, or any other damages whatsoever, whether or not Swoop shall have been advised of the possibility of such damages.
While Swoop will make reasonable commercial efforts to make the Data available on a reasonable basis, Swoop accepts no obligation to do so on any pre-agreed basis or at all. Swoop may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, Swoop shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. Swoop has no control over such third parties and no event will Swoop be liable for any reliance by you on the Data.
Swoop's performance of its obligations under this agreement is subject to all applicable laws and regulatory requirements. Nothing contained in this agreement is in derogation of Swoop’s rights and obligations to comply with law enforcement requests or requirements relating to your use of the Swoop website or information provided to, or gathered by Swoop with respect to such use.
Computer records stored in reasonably secure conditions by Swoop with respect to the Data, the Website and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the Data and the Website. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.
You agree that any breach by you of this Agreement will not be fully compensable in damages and you therefore agree that Swoop shall be entitled to immediate equitable, injunctive and other similar relief against you without notice and without the necessity of proving damages or the likelihood of damages.
You agree to indemnify and save harmless Swoop for any damages sustained should you breach your warranties and representations or any term or condition of this Agreement.
Swoop grants to you a non-exclusive, limited and revocable license to download and view the Data and other content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.
You may not assign this Agreement. It is and shall remain personal to you.
Swoop may terminate this Agreement at any time with or without notice to you in its absolute discretion. You may not terminate this Agreement, which shall remain in force, with such provision, without limitation, to apply pursuant to any agreement between Swoop and, if you are an Agent, any organization you are employed with or on whose behalf you access the Data. However, you may advise Swoop that you wish your access account rendered inactive and we will do so.
This is the entire agreement, contract and understanding between you and Swoop related to the Website.
You agree that Swoop has no control over the content or performance of any website linked to or from this Website, that Swoop expresses no opinion concerning the content or performance of any such website, and that Swoop shall in no event be held liable or responsible for the content of any such website.
This Agreement shall in all respects be governed by the laws of the Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts in the City of Calgary, Alberta, Canada. You expressly submit to and attorn to the exclusive jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Swoop from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Agreement. Use of the Swoop website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.
Should any portion or portions of this Agreement be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Agreement, and the remaining portions of the Agreement shall be enforced. This Agreement shall enure to the benefit of the heirs, executors, administrators and permitted assigns of you and Swoop, including its subsidiaries and affiliates.
All contents of the Swoop website are: Copyright ©Swoop Inc. *Swoop ® is a registered trademark of Swoop Inc. Other trade-marks of third parties on the website are the property of such parties, used with permission. All rights are expressly reserved. AND This is the end of this Agreement. If you made it this far, congratulations! Thank you for your attention, and we hope to see you flying us soon.