Terms and Conditions - Mobile Application

Terms of Use of the Mobile Application

This document sets out the terms and conditions of use (“the Terms”) according to which you may use the VIA Rail application (“the Application”).

Through this Application, we provide users ("you", "your", "yours") with operational and organizational information and assistance in planning your rail travel. The content of the Application is presented for information purposes only. The data and information provided by us and other sources are believed to be reliable at the time they are presented. However, despite our best efforts, we cannot guarantee that they are accurate, complete and up-to-date at all times.

These Terms of Use for the Application (the "Terms") govern the terms and conditions under which you may visit and use the Application.

By downloading and accessing the Application, you confirm that you have read and agree to these Terms. These Terms may change at any time. Although notices of updates may be used, the posting of these updated Terms will be deemed to constitute sufficient notice. Your continued use of our Application or purchase of our products and services constitutes your acceptance of these Terms and any updates.

As a condition of using our Application and purchasing our products and services, you acknowledge that you are at least 18 years of age (or the legal age in your province of residence) and that you have the legal capacity to complete any transaction on our Application. Our Application is only available on Apple Store Canada and Google Play Canada.

Intellectual Property / Copyright

This Application is owned and operated by VIA Rail. All of its content and components are protected by intellectual property rights owned by VIA Rail (or its licensors, if any)

The logos and trademarks are the property of VIA Rail. They are legally registered in Canada, the United States and many other countries. Any use, other than as permitted in these Terms, must be authorized by VIA Rail.

Without limiting the generality of the foregoing, you agree that by accessing or using the Application, you will not commit, participate in, or permit anyone to commit or participate on your behalf in any of the following acts, each of which is expressly prohibited by these Terms: (a) make and distribute copies of the Application; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, or translate the Application; (c) create derivative works of the Application; (d) attempt to extract the source code of the Application; (e) remove, alter, or destroy any trademark or copyright notices placed on or contained within the Application; or (f) engage in any fraudulent or unlawful transaction or access

Authorizations for Users

You are permitted to use the Application to inquire about the availability of products and services offered and to make legitimate reservations for yourself or another person for whom you are legally authorized to act.

Use of the Application for any other purpose, including for illegal purposes or purposes that are contrary to the Terms and for commercial purposes, is strictly prohibited.

VIA Rail reserves the right to bar access to the Application to anyone who violates these Terms or applicable laws and to require the removal of any content used in a manner that, in its opinion, violates these Terms or applicable laws.

Creating a profile and enrolling in VIA Préférence

The Application requires the creation of a VIA profile in order to access it. With this profile you can enroll in the VIA Préférence Program. If you choose to create a VIA profile , you agree to provide us at all times with all required, accurate and promptly updated information about yourself. You agree and acknowledge that you are responsible for (i) maintaining the confidentiality of the passwords you choose when you register or create your profile or when you change them; (ii) all activities that occur under your user name or password; and (iii) logging out of your VIA profile at the end of each session. You agree to promptly notify VIA Rail of any unauthorized use of your user name or password. Should you fail to comply with the above obligations, VIA Rail shall not be liable for any loss or damage arising therefrom.

Your privacy is very important to VIA Rail. For this purpose, we always operate in compliance with applicable laws and regulations. When you use the Application, any personal information you provide to VIA Rail will be used and protected in accordance with the requirements of the Privacy Act and VIA Rail's Privacy Policy (www.viarail.ca/en/our-privacy-policy). Please note that this Policy forms an integral part of these Terms.

Purchases of Products and Services

If you purchase products or services on the Application, you must provide us with complete and accurate personal information. If you are making a transaction for another person, including a family member, friend, or colleague, we will consider that you have obtained that person's consent and authorization to provide us with their required personal information.

VIA Rail reserves the right to accept or reject your reservation at any time after receiving it. You acknowledge that the price of products and services displayed on the Application may change without notice and are subject to availability at the time of purchase.

VIA Rail reserves the right to modify without notice the prices of products and services offered in order to correct them, in particular following a computer error or erroneous data entry, and to refuse, correct or cancel a reservation or the purchase of products or services at an erroneous price by a user of the Application, without any liability whatsoever.

Unless otherwise specified, your purchase of products or services on this Application is governed by the Conditions of the contract and Limited liability for delays and cancellations, the fare rules (www.viarail.ca/en/plan/fare-comparison), baggage allowance (www.viarail.ca/en/plan/fare-comparison), specific conditions, and other conditions regarding your trip set forth on the Application and in your travel confirmation.

App Platforms 

This application is solely available with iPhone® mobile device and with any Android® mobile device.

You acknowledge and agree that the availability of the Application is dependent on the third party app platform from which you received the Application, e.g., the Apple iPhone store (“App Platform”). You acknowledge that this Agreement is between you and VIA and not with the App Platform. VIA, not the App Platform, is solely responsible for the App, the content thereof, maintenance and support services, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). 

Cookies

When you visit the Application or purchase a product or service, VIA Rail may collect information through automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons. For more information, please see our Cookie Policy (www.viarail.ca/en/cookie-policy). Please note that this Policy forms an integral part of these Terms.

Usage Rules, Additional Obligations/Rights Related to your Mobile Device

Without limiting the generality of the foregoing, your use of the Application with any Apple® device is subject to the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html, the applicable provisions of which are incorporated herein by this reference.

Without limiting the generality of the foregoing, your use of the Application with any Android® device is subject to the Usage Rules established by Google Inc., including those terms set forth in the Android Market Terms of Service located at https://www.google.com/intl/en_ca/mobile/android/market-terms.html, the applicable provisions of which are incorporated herein by this reference.

Limitation of Liability

While VIA Rail takes all reasonable measures under the circumstances to maintain the security of the Application and to protect your personal and confidential information, you agree that your use of the Application is entirely at your own risk. To the extent permitted by law, VIA Rail shall not be liable for (a) any errors or omissions in the content available on the Application and (b) any direct, indirect, special, punitive or exemplary damages for loss or injury of any kind, including damage to your equipment, resulting from access to or use of the Application. In any case, should a court hold VIA Rail liable for such damages, VIA Rail shall not be liable for an amount greater than $250 CAD.

We cannot warrant that our Application will operate uninterrupted, secure, or error-free, that it will meet your requirements, or that it is free of viruses or other harmful components. Please also note that access to the Application may be limited due to maintenance or updates.

Indemnification

As a condition of your use of the Application, you agree to defend, indemnify and hold harmless VIA Rail and any of its officers, directors, employees and agents from and against any and all liabilities, losses, claims and expenses (including reasonable legal fees) arising out of, resulting from, or otherwise connected to your use of the Application or your breach of these Terms.

Any delay, failure or omission by VIA Rail to exercise any right or power under the Terms shall not be deemed a waiver by us of any such right or power which may be exercised at any time and against any person

Communications

Any comments you transmit through this Application are not confidential and are in the public domain. We may therefore reproduce, disclose, transmit, publish, broadcast, post and communicate them to the public. We reserve the right to use any ideas, concepts and techniques that may be transmitted for any purpose (design, manufacture, marketing of products or other).

Hyperlinks / External links

This Application may contain hyperlinks to other Applications that are operated by third parties. These links are provided for reference only. We have no control over their content or performance and are not responsible for their content or privacy practices. VIA Rail does not endorse or accept any responsibility for the material on these external Applications, nor any association with their operators. When you click on a link, please refer to their terms of use and privacy policy.

Please note that information offered on external links or hyperlinks is not necessarily subject to the Privacy Act, the Official Languages Act or the Accessible Transportation for Persons with Disabilities Regulations.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Quebec with respect to the interpretation or application of these Terms.

You agree to submit to the jurisdiction of the courts of the judicial district of Montreal, in the province of Quebec, for any dispute or disagreement arising out of these Terms. You waive any objection to the jurisdiction of such courts to interpret this Agreement and to hear any dispute arising hereunder by reason of inconvenient forum or otherwise, and to commence or maintain any action or claim in any other court.

Language

VIA Rail communicates and provides its products and services orally or in writing in both official languages or when we have the information in the language of your choice. Accordingly, these Terms and Conditions are provided in both English and French. In the event of a discrepancy between the English and French versions of this document and any translation, the English and French versions shall prevail.

Contact Us

If you require further information about the Application or have any suggestions to improve such Application, please contact us (www.viarail.ca/en/contact-us), or write to us at the following addresses:

Customer Relations
VIA Rail Canada Inc.
CP/PO BOX 8116 SUCC. CENTRE-VILLE
Montreal, Quebec, H3C 3N3

Fax: 514-871-6104
Email: Customer_relations@viarail.ca

The last update date of the Terms of Use of the Mobile Application is July 25, 2024.