Conditions of Use of the Website

By accessing and using the Keolis Canada inc. (“Orléans Express”) website for making an online purchase, you acknowledge that you are bound by and will comply with the terms of use stipulated in this agreement, and you confirm that you are of legal age to accept and be bound by these terms of use. Please read them carefully, paying particular attention to the terms set out by Orléans Express with respect to the contract and confirmation of purchase, additional fees, exceptions with respect to liability and warranties and the policy respecting reimbursement for transportation tickets. If you have any questions concerning these terms, please contact an Orléans Express representative.

If you refuse to be bound by these terms of use, you are not authorized to use the services available through this website for any purpose whatsoever.

Orléans Express may change or otherwise update the terms of use applicable to this website from time to time, without notice, without incurring any liability with respect to you or anyone else, and you accept to be bound by the terms of use that are in effect at the time when you access the Orléans Express website. It is your responsibility to verify the terms of use each time before using this website.

Exceptions with respect to liability

Schedules and delayed departures

The dates and times that appear on our website, in our brochures or in other sources do not constitute guarantees, and are not part of the contract. Schedules are subject to change without prior notice. Passengers are responsible for any expenses incurred as a result of a missed transfer. Orléans Express does not offer any compensation for inconveniences or time lost resulting from a change in the schedule or the late arrival of a coach. Orléans Express clients acknowledge that Orléans Express cannot be held responsible for losses or damages suffered by a client as a result of delays or missed transfers caused by weather conditions, road conditions, breakage, mistakes in timetables or any other failure to fulfill its obligations on the part of Orléans Express resulting from any act of God or fortuitous event.

In case of a service interruption of the ticketing system (online, in agencies or at the Client Service), the promotional tickets are temporarily unavailable. In this case, only manual tickets at regular price can be sold, these tickets will be available in agencies only. Orléans Express cannot be held responsible for any damage or loss resulting from this service interruption and no compensation can be requested subsequently. If possible, we invite you to wait until our system returns to normal to purchase your ticket in order to benefit from a reserved ticket.

Online purchases

Advertisements on the website should only be construed as an invitation to purchase the services that are advertised on the website.

In order to purchase tickets on line, you must have a valid email address. A valid paper ticket bearing a legible 2D bar code (QR code) is required in order to board the coach.

Please note that the ticket is only valid for the person in whose name it was issued and for the trip specified by the time, date, point of departure and destination on the ticket. Once your transaction has been completed, a confirmation will be sent to you by email. Therefore, it is essential that the email address indicated in your user account is a valid one.

Orléans Express reserves the right to refuse to transport any passenger who has obtained a ticket without complying with the rules, fees and notices prescribed by Orléans Express or with applicable laws.
Orléans Express reserves the right to cancel an order placed over the Internet or an electronic ticket at any time and without prior notice, regardless of whether or not the order has been charged to your credit card. If your order is cancelled after the payment has been charged to your credit card, Orléans Express will reimburse you for the amount charged.

Contract and confirmation or purchase

Orléans Express considers your ticket to be valid once you have paid in full and once the confirmation of purchase has been sent to you. Orléans Express is not bound by any order before the purchase order has been accepted. Orléans Express considers your order to be accepted once you have received a confirmation of purchase by email.

Orléans Express must be informed of any differences between the order submitted by the client and the confirmation that is sent to the client within 48 hours following the transmission of the confirmation email and before the scheduled travel date and time. Otherwise, the details contained in the confirmation will be considered to be accurate and will prevail over any other document.

To contact our Client Service, please call 1-833-449-6444 (toll free) or send an email to serviceclient@keolis.ca .

Once your purchase has been confirmed, Orléans Express will send you a confirmation within one hour following your purchase. If you do not receive the confirmation within one hour following your purchase, please contact Orléans Express in order to verify whether your purchase was properly completed. To contact our Client Service, please call 1-833-449-6444 (toll free) or send an email to serviceclient@keolis.ca .

Payments and currency

In order to complete your transaction, you must pay the full amount. Payment by credit card is the only method of payment that is accepted for online purchases. We accept only VISA, MasterCard or AMEX. At Orléans Express points of sale, you can also pay for your tickets using a debit card or with cash.

All payments must be in Canadian currency or the currency indicated in our brochure or on our website or requested by our agents, as the case may be. At its sole discretion, Orléans Express reserves the right to accept payments made in currencies other that those indicated.

Gift certificates, gift codes and other forms of discount issued by Orléans Express are applied to the ticket price before taxes.

Warranty disclaimer

The services available on the website are provided to you “as is” and “based on availability”. Orléans Express makes no warranties of any kind whether express or implied, with respect to the content or any other element related to this website, and notably provides no warranties of merchantability or fitness for a particular purpose.

Orléans Express makes no representation nor guarantees i) that the services or performance of the website meet your requirements; ii) that the services available on the website will remain uninterrupted, available, secure or free of errors; iii) that the results that may be obtained from using the services available on the website will be adequate, complete or reliable; or iv) that any programming errors will be corrected.

With respect to this website, Orléans Express cannot be held responsible by any person for any damages of any type whatsoever related to these Terms of Use or any transactions or activities carried out in connection with the website, even in the case where Orléans Express or any other agent, consultant, subcontractor or employee is expressly advised of the possibility of such damages or claims.

Orléans Express cannot be held responsible by any person under any circumstances for any compensatory, direct or indirect damages or any other damages or losses of any type whatsoever resulting from viruses, corruption of data, lost messages, interruption of activities or of the website; loss of programs or other data; damages resulting from the transmission of errors or problems via telecommunication service providers, Orléans Express contractors, the Internet network or suppliers of products or services; or any damages or losses caused by you or your employees, agents or subcontractors or by any event that is beyond the reasonable control of Orléans Express.

In the case where Orléans Express is held liable with respect to the use of its website, the client acknowledges that the liability of Orléans Express shall be limited to the total of the amounts that the client has paid to Orléans Express for the purchase of tickets via the website, regardless of the cause of action, whether contractual or extra-contractual.

Ownership

All of the elements that appear on this website, notably texts, images, illustrations, software, audio clips and video clips, are the property of Orléans Express or are otherwise provided by Orléans Express, and cannot be used without written authorization from Orléans Express. The trademarks, logos and service marks (collectively referred to as “marks”) that appear on this website are registered or unregistered marks belonging to Orléans Express or to their respective third parties, and cannot be used without written authorization from Orléans Express or their respective owners.

Opposability of the online version

You acknowledge that this User Agreement has the same effect and value as if it were signed by you. A printed version of this User Agreement or any notice sent by email shall be admissible within the context of any litigation in the same way as any other business document issued by the company or any record that is usually kept in paper form.

Links

Any links and redirections to other websites are provided exclusively for your convenience. Orléans Express has not verified and does not explicitly or implicitly endorse these websites or any information or other elements that can be accessed via these websites or their accessibility, and assumes no responsibility in connection with these websites, any information or other elements that are published on these sites or any products or services that are available through such websites. Creating a link to this website from other websites without express authorization from Orléans Express is prohibited.

Jurisdiction and applicable laws

These Terms of Use are governed by the laws of the province of Québec and the federal laws applicable in Canada, without giving effect to their conflict of laws provisions. You acknowledge that you are bound by these laws and you agree to submit to the jurisdiction of the courts of the province of Québec with respect to the interpretation or application of these Terms of Use.

Severability

Each provision of these Terms of Use shall be interpreted separately. In the case where any of the provisions of these Terms of Use contravenes any law or is determined to be null or unenforceable for any reason whatsoever, the said provision shall be considered to be severable from these Terms of Use, and shall have no effect on the validity or enforceability of the other provisions.

Appendix

Legal provisions

Consumer Protection Act

10. Any stipulation whereby a merchant is liberated from the consequences of his own act or the act of his representative is prohibited.

11.3. Any stipulation under which the merchant may unilaterally cancel a fixed-term service contract involving sequential performance is prohibited, except under articles 1604 and 2126 of the Civil Code and, in the latter case, only in accordance with article 2129 of the Code.
Notice to consumer.
A merchant who intends to cancel an indeterminate-term service contract involving sequential performance must notify the consumer in writing at least 60 days before the date of cancellation if the consumer has not defaulted on his obligation.

11.4. Any stipulation which excludes the application of all or part of articles 2125 and 2129 of the Civil Code regarding the resiliation of contracts of enterprise and for services is prohibited.

54.1. A distance contract is a contract entered into without the merchant and the consumer being in one another’s presence and preceded by an offer by the merchant to enter into such a contract.
Presumption.
A merchant is deemed to have made an offer to enter into a distance contract if the merchant’s proposal comprises all the essential elements of the intended contract, regardless of whether there is an indication of the merchant’s willingness to be bound in the event the proposal is accepted and even if there is an indication to the contrary.

54.4. Before a distance contract is entered into, the merchant must disclose the following information to the consumer:
(a) the merchant’s name and any other name under which the merchant carries on business;
(b) the merchant’s address;
(c) the merchant’s telephone number and, if available, the merchant’s fax number and technological address;
(d) a detailed description of goods or services that are to be the object of the contract, including characteristics and technical specifications;
(e) an itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the consumer and any additional charges payable under an Act;
(f) a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;
(g) the total amount to be paid by the consumer under the contract and, if applicable, the amount of instalments, the rate applicable to the use of an incidental good or service and the terms of payment;
(h) the currency in which amounts owing under the contract are payable if not Canadian dollars;
(i) the date on which, or the time within which, the merchant’s principal obligation must be performed;
(j) if applicable, the mode of delivery, the name of the carrier and the place of delivery;
(k) the applicable cancellation, rescission, return, exchange and refund conditions, if any; and
(l) any other applicable restrictions or conditions.
How presented.
The merchant must present the information prominently and in a comprehensible manner and bring it expressly to the consumer’s attention; in the case of a written offer, the merchant must present the information in a manner that ensures that the consumer is able to easily retain it and print it.

54.5. Before a distance contract is entered into, the merchant must provide the consumer with an express opportunity to accept or decline the proposal and to correct any errors.

54.6. A distance contract must be evidenced in writing and indicate:
(a) the consumer’s name and address;
(b) the date the contract is entered into; and
(c) the information described in section 54.4, as disclosed before the contract was entered into.

54.7. The merchant must send a copy of the contract to the consumer within 15 days after the contract is entered into, in a manner that ensures that the consumer may easily retain it and print it.

54.8. The consumer may cancel the contract within seven days after receiving a copy if
(a) the merchant did not disclose to the consumer the information described in section 54.4 before the contract was entered into, or did not disclose it in accordance with that section;
(b) the merchant did not provide the consumer with an express opportunity, before the contract was entered into, to accept or decline the proposal or to correct any errors;
(c) the contract does not meet the requirements of section 54.6; or
(d) the merchant did not send a copy of the contract in a manner that ensures that the consumer may easily retain it and print it.
Cancellation period.
However, the cancellation period begins as of the merchant’s performance of the principal obligation if the consumer, at that time, observes that the merchant has not disclosed all the information described in section 54.4.
Deadline.
If the merchant does not send a copy of the contract to the consumer within the time provided for in section 54.7, the consumer has 30 days, as of the date the contract is entered into, in which to cancel the contract.
Cancellation.

54.9. In addition to the cases provided for in section 54.8, a distance contract may be cancelled by the consumer at any time before performance of the merchant’s principal obligation if
(a) the merchant’s principal obligation is not performed within 30 days after the date specified in the contract or the later date agreed on in writing by the consumer and the merchant, or within 30 days after the contract is entered into in the case of a contract that does not specify a date or time limit for the merchant’s principal obligation to be performed; or
(b) the contract is for transportation, lodging or restaurant services, or for tickets to an event, and the merchant does not provide the consumer, by the date specified in the contract or the later date agreed on in writing by the consumer and the merchant, with documents enabling the consumer to receive the services or attend the event.
Presumed performance.

54.10. The merchant’s principal obligation is presumed to have been performed if the merchant attempted to perform it on the date specified in the contract, on a later date agreed on in writing by the consumer and the merchant, or on the date specified in a notice sent to the consumer within a reasonable time, but was prevented from doing so by the actions or negligence of the consumer.
Notice.

54.11. The consumer’s right to cancel the contract is exercised by sending a notice to that effect to the merchant.
Date.

54.12. The contract is cancelled by operation of law as of the sending of the cancellation notice.
Consequences.
The cancellation of the contract entails the cancellation of any accessory contract and of any warranty or security given to guarantee the amount payable under the contract.
Contract of credit.
A contract of credit entered into between the consumer and another merchant under or in relation to a distance contract forms a whole with that contract and, as such, is also cancelled by operation of law if it results from an offer, representation or other action by the merchant who is party to the distance contract.
Refund.

54.13. Within 15 days following the cancellation of the contract, the merchant must refund all sums paid by the consumer under the contract and any accessory contract, including sums paid to a third person.
Restoration.
Within 15 days following the cancellation of the contract or following delivery if it postdates cancellation, the consumer must restore the goods that were the object of the contract to the merchant in the same state in which they were received.
Costs.
The merchant shall assume the reasonable costs of restitution.

Civil code of Québec

2033. A carrier who provides services to the general public shall carry any person requesting it and any property he is requested to carry, unless he has serious cause for refusal; the passenger, shipper or receiver is bound to follow the instructions given by the carrier, in accordance with the law.

2034. A carrier may not exclude or limit his liability except to the extent and subject to the conditions established by law.
He is bound to make reparation for injury resulting from delay, unless he proves superior force.

2037. The carrier is bound to convey his passengers safe and sound to their destination.
The carrier is bound to make reparation for injury suffered by a passenger unless he proves it was caused by superior force or by the state of health or fault of the passenger. He is also bound to make reparation where the injury is caused by his state of health or that of one of his subordinates or by the condition or working of the vehicle.

2038. The carrier is liable for any loss of the luggage or other effects placed in his care by a passenger, unless he proves superior force, an inherent defect in the property or the fault of the passenger.
However, the carrier is not liable for any loss of documents, money or other property of great value, unless he agreed to carry the property after its nature or value was declared to him; moreover, the carrier is not liable for any loss of hand luggage or other effects which remain in the care of the passenger, unless the passenger proves the fault of the carrier.

2126. The contractor or the provider of services may not resiliate the contract unilaterally except for a serious reason, and never at an inopportune moment; otherwise, he is bound to make reparation for injury caused to the client as a result of the resiliation.
Where the contractor or the provider of services resiliates the contract, he is bound to do all that is immediately necessary to prevent any loss.

2129. Upon resiliation of the contract, the client is bound to pay to the contractor or the provider of services, in proportion to the agreed price, the actual costs and expenses, the value of the work performed before the end of the contract or before the notice of resiliation and, as the case may be, the value of the property supplied, where it can be put into his hands and used by him.
For his part, the contractor or the provider of services is bound to repay any advances he has received in excess of what he has earned.
In either case, each party is liable for any other injury that the other party may have suffered.

Personnal Information Protection and Electronic Documents Act

Principle 4.3.3: An organization shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified, and legitimate purposes.