Not at all -- I am afraid it is you, who is unaware of the technicalities of credit card transaction processing.
Well, you are correct. I studied contract law, and that's the perspective I'm taking. However, this whole mess starts with the fact that the Card Agreement states that the junk fee applies to a "
purchase made outside of the U.S." (quoted from agreement). It does not state that the junk fee to apply to purchases made (anywhere) from a company whose merchant account is located outside of the U.S.
I think these are two completely different things: the first one derives from contract law, which is in the clear, the second one derives from agreements that are completely invisible to us.
Have I interpreted the language in the agreement incorrectly?
Consumers do not buy from "Walmart" [HQ], they buy from "Walmart Store XXX in city ZZZ", and that is who their contract would be with, and the merchant account used will be that of "Walmart Store XXX in city ZZZ", and not of Walmart HQ in Bentonville.
I stand corrected. I see why some commented that Air Canada should have listed/used a U.S. account.
Banks are intermediaries (just like the ARC in your scenario), so no. The merchant would be the dealer in CA.
So now I am totally confused. A bank is considered an intermediary if I'm transferring cash but it isn't if I'm paying credit card? If I remember correctly, the method by which consideration is paid has no bearing on the place of a purchase agreement.
Yes -- you are (or, hopefully, were) unable to distinguish intermediaries from the merchants
.
Well, maybe we're talking past each other because I'm not trying to distinguish the intermediary from the merchant, but am solely focused on the (legal) place of purchase since that's what the Card Agreement contemplates.