1. Agreement to Terms
Welcome to Diaolancq. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you" or "your") and Diaolancq Ltd. ("Company", "we", "us" or "our"), Registration No. 863247458, with its principal office at 110 Bloor St W, Toronto, ON M5S 2W7, Canada.
By accessing our website at diaolancq.com (the "Site"), using our services or making a booking, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Site or services.
Managing Director: Bryce Ellington
Contact: [email protected] | +1 416-461-1823
2. Description of Service
Diaolancq Ltd. provides private aviation services, including but not limited to:
- Scenic aerial flights over Canadian landscapes
- Custom route planning and flight design
- Private aircraft charter services
- In-flight catering and concierge services
- Flight documentation and photography services
- Corporate and special occasion flights
Important Notice: Diaolancq Ltd. acts as an intermediary between clients and certified aviation operators. All flight operations are conducted exclusively by holders of a valid Air Operator Certificate (AOC) in compliance with Transport Canada regulations and applicable aviation authorities. We do not operate aircraft directly but arrange flights through our network of certified operators.
3. Eligibility
To use our services, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into binding contracts
- Provide accurate, current and complete information during the booking process
- Maintain the accuracy of your information and promptly update any changes
- Not be prohibited from receiving our services under applicable laws
By using our services, you represent and warrant that you meet all eligibility requirements.
4. Booking and Reservation Process
4.1 Booking Request
To book a flight, you must:
- Complete our online booking form or contact us directly
- Provide passenger details, including full legal names as they appear on government-issued identification
- Specify preferred dates, times, routes and any special requirements
- Disclose any medical conditions, mobility limitations or special needs that may affect the flight
- Review and accept these Terms and our Privacy Policy
4.2 Booking Confirmation
Upon receiving your booking request:
- We will review your request and check aircraft and operator availability
- We will send you a booking confirmation email within 24 hours (business days)
- The confirmation will include flight details, pricing, payment terms and cancellation policy
- Your booking is not confirmed until you receive written confirmation from us
4.3 Deposit and Payment
Payment terms:
- Deposit: A 30% non-refundable deposit is required to confirm your booking
- Balance: The remaining balance is due 14 days before the scheduled flight date
- Last-minute bookings: For flights booked within 14 days, full payment is required at time of booking
- Payment methods: We accept major credit cards, wire transfers and other payment methods as specified
- All prices are quoted in Canadian Dollars (CAD) unless otherwise stated
4.4 Price Changes
We reserve the right to adjust pricing in the following circumstances:
- Fuel price fluctuations exceeding 10% from quote date
- Changes in government taxes, fees or regulations
- Airport or landing fee increases
- Currency exchange rate variations (for international clients)
- We will notify you of any price changes before confirmation
5. Cancellation and Refund Policy
5.1 Client Cancellation
Cancellation terms based on notice period:
- More than 7 days before flight: Full refund of all payments except the 30% deposit (which may be applied as credit toward a future flight within 12 months)
- 7 days or less before flight: Deposit is non-refundable and non-transferable; 50% refund of remaining balance
- 48 hours or less before flight: No refund available; full amount is forfeited
- No-show: No refund available
5.2 Company Cancellation
If we cancel your flight due to:
- Weather conditions below safety minimums
- Aircraft mechanical issues
- Pilot unavailability
- Force majeure events
You will receive:
- Full refund of all payments, OR
- Rescheduling to an alternative date at no additional cost
- Credit toward future services (valid for 18 months)
5.3 Weather-Related Cancellations
Safety is our absolute priority. Flights may be cancelled or rescheduled due to:
- Poor visibility or low cloud ceiling
- High winds or turbulence
- Thunderstorms or severe weather
- Icing conditions
- Other adverse weather conditions
Weather-related cancellations initiated by the pilot or operator will result in full refund or free rescheduling.
5.4 How to Cancel
All cancellations must be made in writing via email to [email protected] or by phone during business hours. Cancellation date is determined by the date we receive your written notice.
6. Passenger Requirements and Responsibilities
6.1 Identification
All passengers must present valid government-issued photo identification (passport, driver's license or national ID card) before boarding. Names on bookings must match identification exactly.
6.2 Health and Fitness
Passengers must:
- Be in good health suitable for air travel
- Disclose any medical conditions that may affect flight safety
- Obtain medical clearance if required by the operator
- Inform us of pregnancy (flights generally not recommended after 36 weeks)
6.3 Age Restrictions
- Infants under 6 months: Not permitted for safety reasons
- Children 6 months to 12 years: Must be accompanied by an adult; child safety seats provided upon request
- Unaccompanied minors (12-17 years): Special arrangements required; contact us for details
6.4 Weight and Balance
For aircraft safety and performance:
- We may request passenger weights for flight planning (kept strictly confidential)
- Maximum passenger capacity varies by aircraft type
- We reserve the right to refuse carriage if weight limits are exceeded
- Additional seats may be required for comfort and safety (at additional cost)
6.5 Baggage
- Each passenger may bring one carry-on bag (max 10 kg / 22 lbs)
- Storage space is limited; large suitcases cannot be accommodated
- Photography equipment welcome; please advise in advance
- Dangerous goods, weapons and illegal substances strictly prohibited
6.6 Conduct
Passengers must:
- Follow all instructions from pilot and crew
- Refrain from consuming alcohol or drugs before or during flight
- Not interfere with aircraft operations or controls
- Maintain appropriate behavior; disruptive passengers may be refused carriage
7. Liability and Insurance
7.1 Limitation of Liability
To the maximum extent permitted by Canadian law:
- Diaolancq Ltd.'s total liability shall not exceed the total amount paid by you for the specific flight service
- We are not liable for indirect, incidental, consequential, special or punitive damages
- We are not liable for delays, cancellations or changes caused by factors beyond our reasonable control
7.2 Operator Liability
Flight operations are conducted by certified air operators who maintain:
- Commercial liability insurance as required by Transport Canada
- Passenger liability coverage
- Hull and equipment insurance
- We will provide operator insurance details upon request
7.3 Travel Insurance
We strongly recommend that all clients purchase comprehensive travel insurance covering:
- Trip cancellation and interruption
- Medical emergencies and evacuation
- Baggage loss or delay
- Flight delays and missed connections
7.4 Exclusions
We are not liable for:
- Weather-related cancellations or delays
- Air traffic control restrictions
- Mechanical issues beyond our control
- Acts of God, war, terrorism or civil unrest
- Government regulations or restrictions
- Third-party service failures (hotels, ground transportation, etc.)
8. Intellectual Property
8.1 Website Content
All content on our Site, including text, graphics, logos, images, videos and software, is the property of Diaolancq Ltd. or its content suppliers and is protected by Canadian and international copyright laws.
8.2 Trademarks
"Diaolancq" and related marks are trademarks of Diaolancq Ltd. You may not use these marks without our prior written permission.
8.3 Flight Documentation
Photographs and videos taken during your flight:
- Personal photos: You retain rights to personal photographs taken during flight
- Professional documentation: Photos/videos provided by our photographers are licensed for your personal, non-commercial use
- Commercial use: Requires separate written agreement and licensing fees
- We reserve the right to use flight photos for marketing purposes (passenger faces blurred unless consent given)
9. Privacy and Data Protection
Your privacy is important to us. Our collection, use and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our services, you consent to:
- Collection and processing of personal data as described in our Privacy Policy
- Transfer of necessary information to aviation operators, airports and service providers
- Compliance with Canadian privacy laws (PIPEDA) and applicable regulations
10. Force Majeure
We are not liable for failure to perform or delay in performance of our obligations due to causes beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, earthquakes, floods
- War, terrorism, riots, civil unrest
- Epidemics, pandemics, quarantines
- Government actions, regulations, embargoes
- Strikes, labor disputes, transportation delays
- Fire, explosion, utility failures
- Severe weather conditions
In such events, we will notify you as soon as possible and offer rescheduling or refund options.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of our services after changes constitutes acceptance of the new Terms.
We will notify you of material changes by:
- Posting a prominent notice on our Site
- Sending email to the address on file
- Updating the "Last Updated" date
12. Termination
We may terminate or suspend your access to our services immediately, without prior notice, for:
- Breach of these Terms
- Fraudulent or illegal activity
- Safety concerns
- Disruptive or abusive behavior
- Non-payment
Upon termination, all outstanding balances become immediately due and payable.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles.
13.2 Dispute Resolution
Any disputes arising from these Terms shall be resolved as follows:
- Negotiation: Parties will attempt to resolve disputes through good-faith negotiation within 30 days
- Mediation: If negotiation fails, parties agree to non-binding mediation in Toronto, Ontario
- Arbitration: If mediation fails, disputes shall be resolved by binding arbitration under the rules of the ADR Institute of Canada
- Court Action: Notwithstanding the above, either party may seek injunctive relief in court to protect intellectual property or confidential information
13.3 Jurisdiction
The parties consent to the exclusive jurisdiction of the courts of Ontario, Canada.
14. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.
15. Waiver
Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
16. Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
17. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy and any additional terms referenced herein, constitute the entire agreement between you and Diaolancq Ltd. regarding the subject matter and supersede all prior agreements, understandings and communications.
18. Contact Information
For questions about these Terms, please contact us:
Company: Diaolancq Ltd.
Registration No.: 863247458
Managing Director: Bryce Ellington
Address: 110 Bloor St W, Toronto, ON M5S 2W7, Canada
Email: [email protected]
Phone: +1 416-461-1823
Hours: Mon–Fri 08:00–20:00, Sat 10:00–16:00 (Eastern Time)
19. Consumer Rights Notice
Under Canadian consumer protection laws, you have certain rights that cannot be waived, including:
- Right to clear and understandable contract terms
- Right to receive copies of all agreements
- Right to cancel within cooling-off periods (where applicable)
- Right to truthful advertising and representations
- Right to file complaints with consumer protection agencies
These Terms do not limit or exclude your statutory rights under Canadian law.