An exemption clause is a statement in a contract, on a sign, or other display limiting or excluding a person’s responsibility (civil liability) if you suffer damages while using his services, facilities, property, etc. For more information, consult the Infosheet entitled Civil liability.

Such a clause is only valid when:

• it is clearly written;
  
• it does not lead to confusion (the user of the service should not be asking himself what the clause means);
  
• you are aware of the clause and consent to it.

Essentially, the person who relies on the clause must be able to say that you read, saw or were told about the clause.

No. The law provides for some situations in which a clause limiting or excluding liability is invalid even if you knew about it:

• A clause that limits or excludes a person’s responsibility for bodily or moral injury is invalid.
  
  Example: Last Thursday, you went to the waterslides and suffered a serious injury because of a poorly maintained slide. The clause on the back of the ticket to the park excluding the park’s responsibility in the event of injury is not legal. If you can prove the park was at fault in your accident, it will be held liable for any bodily or moral injury you suffered.
  
  
• A person may not exclude or limit his responsibility for material injury caused to you due to a gross fault – that is, reckless, careless or negligent behaviour that completely ignores the interests of other people.
  
  Example: A merchant who sells you goods and stores them for you cannot rely on a exemption clause where the goods were neither supervised nor protected and as a result, are stolen.

Yes – even though the backs of most ski tickets state that the ski resort is not liable for injury. The law prohibits the limitation or exclusion of responsibility for any bodily or moral injuries.

But even though such clauses are invalid, if you wish to receive compensation for damages caused by a ski accident, you must prove that the ski resort was at fault. People must assume the inherent risks that accompany the sport of downhill skiing. As such, the owner of a ski resort will only be held liable if your accident was due to unsafe facilities or a failure to warn you of specific dangers.

Needless to say, if you ski outside of the trails, descend at excessive speeds, or venture onto expert trails when you’re a beginner, you have only yourself to blame for any accident that occurs. For more information, consult the Infosheet entitled Sports, leisure activities and civil liability.

The owner of the parking lot must prove that he showed you the exemption clause if it is to be held against you. If he did not, he can be held liable for the theft of items usually found in a vehicle, damages to your vehicle as well as the theft of your vehicle.

A merchant such as a dry cleaner is supposed to be a specialist in his field. That’s why, as a general rule, he cannot exclude himself from responsibility if he damages your clothing while carrying out the job that he was hired to do.

However, if you ask your dry cleaner to clean a special fabric or remove a difficult stain, and the dry cleaner states that doing so involves a certain amount of risk for which he will not be responsible, you assume that risk as soon as you decide to leave the clothing with the dry cleaner. If damages occur, you assume the cost.

Yes. The liability of airlines for lost, damaged or late baggage can be limited and it can change from one company to the other. Also, this liability can vary depending on whether you are travelling inside Canada, between Canada and the United States, or elsewhere in the world.

On the back of any airline ticket you will notice a provision indicating the limits of the airline’s responsibility if your luggage is lost or damaged.

However, bear in mind that an airline’s responsibility is not limited if it was grossly negligent, that is, if the airline or its employees did not take the minimum means required to avoid the damage. If this happens, the airline must compensate you for the total loss incurred.

When choosing between flight safety and a punctual departure, the airline must obviously choose safety first. However, it must also implement measures to minimize the damages caused by late flights. For example, an airline that fails to offer an efficient alternative to ensure the services it promised can be ordered to compensate passengers for lost vacations or opportunities.