Terms of
Use
PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY
BEFORE USING THE SITE (the "Site")
THE SITE
By using the Site, you signify your binding agreement to these Terms. We
reserve the right, in our sole discretion, to change, modify, add, or remove
portions or all of these Terms at any time. Please check these Terms
periodically for changes. Your continued use of the Site following the posting
of changes to these Terms (including our "Privacy Policy")
constitutes your binding acceptance of those changes.
Further, we may change any or all content on the Site, including, but not
limited to, products, programs, and/or services described on or offered through
the Site, without notice and without liability.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images,
illustrations, text, audio clips, and video clips, are protected by or consist
of copyrights, trademarks, service marks, and/or other intellectual property
rights ("Intellectual Property"). The Intellectual Property is
governed and protected by United States and worldwide copyright, trademark,
and/or other intellectual property laws and treaty provisions, privacy and
publicity laws, and communications regulations and statutes. The Intellectual Property
is owned or controlled by us or other parties that have licensed to us the
right to use their Intellectual Property or the right to market their products
and/or services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial
use. You agree to abide by all additional copyright notices, information, or
restrictions contained in any material or content on the Site. You may download
any Intellectual Property solely for your personal, non-commercial use,
consistent with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit any Intellectual
Property in any way (including by e-mail or other electronic means) without our
prior written consent or that of the IP Providers. Modification of any
Intellectual Property or use of any Intellectual Property for any other purpose
is a violation of the copyrights, trademark rights, and other proprietary
rights. The use of any Intellectual Property on any other site or networked
computer environment, or maintaining unauthorized links to the Site, is
prohibited by these Terms.
All software, applications, and modules (collectively, "software")
used on the Site are proprietary to or licensed to us by other parties
("Software Providers", together with IP Providers, the
"Providers"). You may not reproduce, reverse engineer, create
derivative works of, reverse assemble or reverse compile, sell, lease,
distribute, rent, assign, transfer, or modify any software on the Site.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Intellectual
Property to countries or persons prohibited under United States' export control
laws. By using, copying, or downloading any portion of the Intellectual
Property, you are representing that you are not in a country where such export
is prohibited; that you are not on the US Commerce Department's Table of Denial
Orders or the US Treasury Department's list of Specially Designated Nationals;
and that you are not providing access to the Intellectual Property to any
person similarly situated.
INFORMATION SENT FROM USERS
Content you send to us, as between the two of us, whether via e-mail, forms,
messages, ideas, and/or suggestions, becomes our sole property and is
transmitted at your sole risk. You hereby represent and warrant that you own or
have the right to submit the foregoing to us. We will respond to customer
service questions in accordance with our "Privacy Policy."
You are strictly prohibited from uploading to the Site any material that
contains any virus, worm, "Trojan horse," time bomb, or similar contaminating
or destructive feature. Violators may be prosecuted to the maximum extent of
the law.
LEGAL RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account
information and your password, and for all activities that occur under your
account and/or password. We do not knowingly sell any of our products or
services to anyone under the age of 18. By using the Site, you represent that
you are of sufficient legal age to use the Site, and create binding legal
obligations for any liability incurred as a result of your use of the Site. If
you become aware that an unauthorized person may have access to your password,
you should change your password immediately and contact us.
The Site may contain links to sites that are not maintained by us. While we
make every effort to include links to only those sites that are in good taste
and safe for our visitors, we do not regularly review materials posted at such
sites. These links are provided solely as a convenience to you. We do not necessarily
endorse all of the materials appearing on such sites. We shall not be
responsible for, and we make no representation regarding, the content on such
sites. If you choose to link to any third-party site, you do so at your own
risk.
PRIVACY
You have read our "Privacy Policy," the terms of which
are incorporated herein, and agree to such terms.
TERMS OF PURCHASE
You may use the Site to make legitimate reservations and/or purchases, but you
cannot use the Site to make any speculative, false, or fraudulent reservation,
any reservation in anticipation of demand, or for any purpose that is deemed
unlawful or prohibited by these Terms. Violators may be prosecuted to the
maximum extent of the law.
Unless otherwise stated, all of the services and products offered on the Site
are subject to the following: Offers: (i) are informational only and may not
reflect current availability; (ii) apply to US point-of-sale and point-of-ticketing
only (void where prohibited by law)/prices quoted are in US Dollars; (iii) are
limited time offers; and (iv) unless otherwise stated, are "per
adult." All offers, prices, and conditions of sale may be subject to: (a)
change without notice; (b) advance purchase, eligibility, seating, or other
limitations; (c) travel days, dates, minimum or maximum stays, holidays,
seasons, blackout dates, stopovers, and/or waitlisting restrictions; (d)
reservation validation limitations of up to one year (if any extension
permitted, penalties/restrictions may apply); and/or (e) other
conditions/restrictions. Lower prices may be available.
You agree to abide by all other additional terms and conditions applicable to
your reservation(s), purchase(s) of goods and services, request(s) to purchase,
use of software, and other uses of portions of the Site, including, but not
limited to, paying all amounts owed on a timely basis and complying with all
rules and restrictions regarding availability of fares, paper airline tickets,
products, programs or services, and use of software. Because you agree to be
legally responsible for the purchase terms related to all of your reservations
and for all charges, fees, penalties,
duties, taxes, and assessments that result from your use of the Site, we
encourage you to take the time to carefully review the terms of the offer,
including, but not limited to, any fare or rate rules related to an airfare
purchase. If the fare or rate rules, or any code-share flight information, is
not available or you don't understand them, please contact us.
No reservation is complete until confirmed/ticketed. Once your reservation is
confirmed/ticketed, you will receive confirmation with your itinerary details.
You are responsible for reviewing all reservation information provided to you
for accuracy and content. You must contact us within 24 hours of receiving your
confirmation to correct any discrepancies. If, within 24 hours of receiving
your confirmation, you fail to contact us, you shall be deemed to have
acknowledged that your itinerary is accurate as delivered and that you have
agreed to all of the terms and conditions related to your purchase. If you
submit a reservation in error, you must contact us immediately. However, unless
otherwise stated, most reservations cannot be transferred, changed, upgraded,
or cancelled/refunded (if permitted, penalties and additional service,
processing, and/or cancellation fees will be assessed by us and/or the travel provider(s)). We
are not responsible for any change in fare (or any other charges) or any
transaction that is declined based upon a credit/debit card that is declined by
the issuing institution or a travel provider or if, for any reason, the credit
card billing address cannot be verified in a timely manner.
For more detailed information regarding a purchase, we suggest you review our FAQs and our
fees or
contact us.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS ON THE SITE ARE PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS OR
DISTRIBUTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE SITE;
(2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE
SERVICES AND MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS
ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR
ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE
SITE. IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR
ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE
USE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE
SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL
CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM
OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR
PURCHASE OF PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE
(1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR
PURCHASE WAS COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT
YOUR OWN RISK.
THE SITE AS INTERMEDIARY
WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR TRAVEL PROVIDERS IN SELLING
SERVICES OR IN ACCEPTING RESERVATIONS OR BOOKINGS FOR SERVICES (SUCH AS AIR AND
GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, ETC.). WE
SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON
THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY
TO YOU AND/OR YOUR TRAVEL COMPANION(S), IF ANY. WE DO NOT GUARANTEE ANY OF SUCH
PROVIDERS' RATES, BOOKINGS, OR RESERVATIONS. WE SHALL NOT BE RESPONSIBLE FOR
ANY DISRUPTION OF TRAVEL AND/OR RELATED SERVICES, RESULTING FROM BANKRUPTCY OF
ANY TRAVEL PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST,
LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS,
LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR
EVENTS OF "FORCE MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE
CONTROL).
INTERNATIONAL USE
We make no representation that materials or services available on the Site are
appropriate or available for use in locations outside the United States.
Accessing materials and services available on the Site from territories where
their contents are illegal is prohibited. Those who choose to access the Site
from other locations do so on their own initiative and are responsible for
complying with local laws.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to
terminate your access to all or part of the Site, with or without notice, for
any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of
their respective officers, directors, employees, and agents, from and against
any claim, cause of action, or demand, including without limitation reasonable
legal and accounting fees, brought by or on your behalf in excess of the
liability described herein or by third parties as a result of your use of the
Site.
GOVERNING LAW;
These terms shall be governed by and construed in accordance with the laws of
the State of California, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or
relating to these terms shall be filed only in the state or federal courts
located in California, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed sever able from these terms and shall not
affect the validity and enforceability of any remaining provisions.
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STATE SELLER OF TRAVEL REGISTRATION NUMBER
California CST 2033011-40