This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet:
The App may be subject to United States export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, release, or use is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to using, exporting, re-exporting, releasing, or otherwise making the App available outside the United States.
The App is commercial computer software, as such term is defined in 48 C.F.R. S2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. S227.7201 through 48 C.F.R. S227.7202-4, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. S12.212, with respect to all other U.S. Government licensees and their contractors.
We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org
The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our DMCA Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a link
in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for and represent that you are and your use of the Website is and shall remain in compliance with all U.S. and local laws.
International Travel: Passports, Visas, Disinsection and Hazards
Please be aware that travel to certain destinations may involve greater risk than other destinations. YOU REPRESENT AND WARRANT THAT YOU MEET ALL APPLICABLE FOREIGN ENTRY REQUIREMENTS AND HAVE ALL REQUIRED DOCUMENTATION. The Company urges you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information relating to particular international destinations can be found at the following websites: www.dot.gov, www.tsa.gov, www.faa.gov, www.treas.gov/ofac, and www.cbp.gov. Regarding possible foreign entry requirements, more information can be found at the following address: https://travel.state.gov/content/passports/en/country.html. For travel warnings and advisories from the State Department, more information can be found at the following address: https://travel.state.gov/content/passports/en/alertswarnings.html. For foreign health requirements and dangers, more information can be found at the following address: https://wwwnc.cdc.gov/travel.
According to the Department of Transportation’s website: disinsection is permitted under international law in order to protect public health, agriculture and the environment. The World Health Organization and the International Civil Aviation Organization stipulate two approaches for aircraft disinsection: (1) spray the aircraft cabin, with an aerosolized insecticide, while passengers are on board or (2) spray or treat the aircraft's interior surfaces with a residual insecticide (residual method) while passengers are not on board. American Samoa has adopted a third method, in which aircraft are sprayed with an aerosolized insecticide while passengers are not on board. Although the Report of the Informal Consultation on Aircraft Disinsection sponsored by the World Health Organization (November 6-10, 1995) concluded that aircraft disinsection, if performed appropriately, would not present a risk to human health, the report also noted that some individuals may experience transient discomfort following aircraft disinsection by aerosol application. Under the Chicago Convention, which governs international civil aviation, a country could impose a disinsection requirement should it perceive a threat to its public health, agriculture or environment. Accordingly, you should check with your travel agent or airline reservations agent when booking flights or if you have questions about your final destination’s policy. For more information about disinsection or to review a list of airline contacts for disinsection and a list of countries that require disinsection, please visit the Department of Transportation’s website located at the following address: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH INTERNATIONAL DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATIONS.
Travel Service Providers
You agree to abide by the terms and conditions of purchase imposed by any service provider providing services directly or indirectly related to your use of the Website and purchases made on or through the Website (“Travel Service Provider”), whether such Travel Service Provider is selected by you or by the Company, including, but not limited to, all payment amounts when due and compliance with the Travel Service Provider's rules and restrictions regarding availability and use of fares, products, or services. You understand any violation of any such Travel Service Provider's rules and restrictions and/or conditions of purchase may result in the following: cancellation of any reservation or purchase; denial of access to any flight; hotel, or automobile; forfeiture of any money you’ve paid for any such reservation or purchase; and in the Company debiting your account for any costs the Company incurs arising out of or relating to such violation. You are exclusively and completely responsible for any charge, fee, duty, tax, and/or assessment that arises out of the use of the Website.
YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS AND OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRAVEL SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, REGARDLESS OF THE COMPANY’S KNOWLEDGE OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT YOUR SOLE RECOURSE FOR NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION OF A TRAVEL SERVICE PROVIDER IS TOWARD SUCH TRAVEL SERVICE PROVIDER AND NOT TOWARD THE COMPANY.
The Company has no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, please contact the Travel Service Provider directly.
Currency and Exchange Rates
Purchases made on the Website are often transacted in different currencies, depending on your IP address and/or the currency that you select to make the purchase. You will be charged in the currency shown upon checkout. If you use a debit or credit card to make a purchase through the Website, please note that, due to fluctuations in exchange rates, the charge to your debit or credit card or the estimated charge amount we provide you, may differ based on the applicable exchange rate at the time you make your reservation compared to the exchange rate at the time the charge is reflected on your credit or debit card statement, which may be calculated through the use of third party application program interfaces or such other methods as we may later designate. In the event we determine we must credit your account, we will refund the exact amount in the currency initially charged. We will not be responsible for any exchange rate fluctuations that may cause variances in your debit or credit card statement. Some banks and credit card companies impose fees for transactions, without limitation for international transactions. Your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed without limitation if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company. The currency exchange rate and foreign transaction fee is determined solely by your bank. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Rules, Travel Plan Changes and Price Changes
The Company attempts to publish and maintain accurate prices and information for its airline services, and airlines provide the Company with the price and other information related to these services. In the event a service is listed by or provided to the Company at an incorrect price or with inaccurate information due to typographical error or other error in pricing or service information received from an airline, the Company and/or the airline retain the right to refuse or cancel any requests placed for such service prior to your method of payment being charged.
Frequent Traveler Points
Frequent traveler awards, upgrades, vouchers and other discounts or incentives may not apply to the Company’s airline services.
Airlines often enter into what are referred to as "code share" agreements with other, select airline partners. This means on certain travel routes, the airline carrier selling or marketing the flight does not actually fly its own aircraft to the destination; instead, a partner airline is engaged via contract to fly to the destination. The partner airline is typically listed as "operated by." In most cases you will check in with your "operating" carrier; however, it is best to verify your flight check-in location with your ticketing carrier.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in imprisonment for up to ten years and penalties of $250,000 or more (49 U.S.C. 5124), depending on the circumstances. Hazardous materials include corrosives, radioactive materials, compressed gases, flammable liquids and solids, oxidizers, explosives and poisons. Examples include tear gases, fireworks, paints, lighter fluid, oxygen bottles and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. See http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/passenger_info/ for additional information.
You agree not to purchase a ticket(s) containing travel segments you will not use, such as "point-beyond", "hidden-city", or "back-to-back tickets" if prohibited by the applicable airline. You also agree not to purchase a round-trip ticket that you plan to use only for one-way travel if prohibited by the applicable airline. You acknowledge that most airlines prohibit all such practices/tickets, and that we do not guarantee the applicable airline will honor your ticket(s) if you engage in such practices. You agree to indemnify the Covered Parties against airline claims, on the basis of these or any other prohibited practices, for the difference between the full fare of your actual itinerary and the value of the ticket(s) you purchased.
Most airlines require flight coupons be used in sequential order. For airlines allowing use of a ticket for only one flight segment, if you do not cancel all or part of the flight itinerary/journey you will not use prior to the departure of any segment of your itinerary/journey, you may be forced to forfeit the entire value or any lesser portion of your airline ticket, depending on the applicable airline’s rules for the fare you’ve purchased.
Tax and Fee Charges on Published Price Airline Tickets
Applicable government taxes and fees and airline fees are either included in your fare or are itemized separately on your checkout page to provide a trip cost. Tax rates in effect at the time you purchase your fare are applied to your ticket price. Retroactive tax rate increases may be the responsibility of the traveler. For international flights, exit and entry fees that are not included in your trip cost or that may be itemized separately on your checkout page may also be charged. A non-refundable fee may be applied per ticket to published price airline itineraries that include more than one carrier. Paper ticket fees, itinerary change, cancellation or refund fees, baggage fees and entry or exit fees on certain international flights may also apply to your itinerary. In no event shall Company be responsible for any tax, (excepting its income tax), duty or fee.
Paper Ticket Fees
Service fees (i.e., for use of travel agencies) may be applicable and charged to you by certain third party vendors.Â Such service fees can vary by vendor/agency, and may be charged on a per ticket basis.Â If your itinerary requires paper tickets to be issued, shipping and handling fees may be charged. If your tickets are returned because they have been rerouted or are undeliverable, there may be an additional handling fee charged to you.
Cancellations, Itinerary Changes and Refunds
Itinerary changes, if permitted by the airline fare rules, may have a change fee charged by the applicable airline. Such change fees are charged on a per ticket basis and vary by market, airline and specific fare rule. Itinerary change fees may exceed such amounts and itinerary changes may not be available. Additionally, any changes to your itinerary that are made through the Company may incur additional processing fees.
Itinerary changes, if permitted by the airline fare rules, may have a change fee charged by the applicable airline. Such change fees are charged on a per ticket basis and vary by market, airline and specific fare rule, but typically vary between $75.00 and $300.00.Â Itinerary change fees may exceed such amounts and itinerary changes may not be available.Â Such change fees are in addition to any applicable differences between ticket prices charged for your trip.Â Additionally, any changes to your itinerary that are made through the Company may incur additional processing fees.
The Company will issue you a full refund if you cancel your airline tickets within 4 hours of purchase.Â If you cancel your airline tickets after 4 hours from purchase and within 24 hours of purchase, the Company will issue you a refund minus a service fee.Â Such service fee may vary depending on the circumstances of each individual situation, but typically ranges between $25.00 and $100.00.Â If you cancel your airline tickets 24 hours or later following purchase, tickets are non-refundable and non-transferable.Â At its sole discretion, Company may issue you a future credit for purchase of airline tickets only that is applicable for 1 year from the date of purchase.
Baggage and Other Fees
Some airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits (for example: baggage weight limits) as dictated by the airline. In addition, some airlines do not offer any free baggage allowance. During the booking process, each airline under consideration should be consulted directly for complete information about its baggage and any other applicable fees.
Some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price or the taxes and fees we display on the Website. You acknowledge that you are responsible for all such fees. For more information on countries' entry and/or exit fees, we suggest visiting www.travel.state.gov prior to your departure.
Upon check-in, the holder of the reservation must provide a valid identification and cash deposit, credit or debit card, as determined by the hotel at the hotel’s sole discretion, in his or her name (the amount of available credit required will vary by hotel). Depending on the hotel’s policy, debit cards may not be accepted for this purpose. Such deposit is unrelated to any payment received by Company.
Hotel accommodation for more than two adults is not guaranteed, as certain hotels do not allow additional guests. If the hotel at which you made a reservation does allow additional guests, there may be added charges. Such added charges vary and will be payable directly to the hotel, not the Company.
Late Arrival and Failure to Check-in on First Night
In the event you are delayed on your date of check-in or find that you cannot check in to your hotel on the date you requested, contact the hotel directly to advise it of your travel changes. Depending on the applicable hotel’s terms and conditions, if you do not check in to your hotel on the day of your reservation and also do not alert the hotel, the hotel may cancel the remaining portion of your reservation and may not provide you with a refund.
Changes to Your Reservation and Cancellations
There are various cancellation policies among hotels. Some reservations are non-cancellable and cannot be altered. Other reservations require a penalty payment for cancellation. Of course, some reservations are fully refundable upon cancellation. You should check your hotel’s cancellation policy before you book. If changes to your pre-paid reservation are allowed by the hotel, such changes or cancellation may only be permitted with a booking of a new reservation with that hotel. You acknowledge that in no event will Company be required to refund any amounts.
If you have disability needs (for example only: if you require the use of a service animal), you should contact the hotel to verify that your disability needs can be met by the hotel prior to booking your reservation.
Hotel Accommodations and Special Requests
Depending on the hotel and reservation type, room or bed requests may not be honored by the hotel. Typically, such assignments are based on the hotel’s room and bed availability and are at the hotel's sole discretion. We cannot make any guaranties with respect to the room, bed or other preferences you may have and request (for example, smoking or non-smoking). If you wish to make requests of the hotel, you must contact the hotel and personally verify such requests can be met by the hotel. You acknowledge that the Company has no control over such matters, and is unable to assist you in this regard.
Must be 21 Years of Age
Please be advised that the guest on the hotel reservation must be at least 21 years old to check in to the hotel.
Hotel Star Ratings (General)
Please be aware that the Company’s hotel ratings system is provided only for reference. Our system for determining hotel ratings may differ from other rating systems you may be familiar with. We do not warrant or guarantee that our system is similar to, equal to or otherwise in line with any other hotel rating systems. We reserve the right to change any hotel rating at any time, based on our system, and with or without notice to you or the hotel.
You should check room and rate details in advance of making any reservation, as sometimes lower rates are available at a hotel but such rates can carry special conditions and restrictions (as an example: in respect of cancellation and refund for such reservation).
We try to maintain and publish accurate information and prices relating to the services we offer, and are often provided this information from hotels. In the event a service is listed or provided to us at an incorrect price or with inaccurate information due to a hotel’s error, we reserve the right to refuse or cancel any requests placed for such service. To that end, and notwithstanding anything to the contrary contained herein, we have the right to refuse or cancel requests, regardless of whether or not your order request has been confirmed or your credit card has been charged. In the event you’ve been charged for the purchase and your request is then cancelled because of this reason, we will provide a refund in the amount of the charge.
Rental Car Service Restrictions
Vehicle rentals available through the Website are subject to the applicable car rental company’s standard rental contract. When you pick up your vehicle, you will be required to complete such contract. If you would like to review the terms of such agreement, please contact the applicable Travel Service Provider directly. Company is not a party to such agreement.
We try to maintain and publish accurate information and prices relating to the services we offer, and are often provided this information from car rental companies. In the event a service is listed or provided to us at an incorrect price or with inaccurate information due to a rental car company’s error, we reserve the right to refuse or cancel any requests placed for such service. To that end, and notwithstanding anything to the contrary contained herein, we have the right to refuse or cancel any such requests, regardless of whether or not your order request has been confirmed or your credit card has been charged. In the event you’ve been charged for the purchase and your request is then cancelled because of this reason, we will provide a refund in the amount of the charge.
For a reservation made for a retail price disclosed rental car, please be advised that the Company is not the merchant of record and does not charge your credit card. Rather your credit card will be used to guarantee the reservation and you will be provided with information regarding the estimated amount due to the rental car company upon pick-up of the vehicle. The actual price owed to the rental car company may vary depending on special requests you make and additional items you may choose to purchase at the time of pick-up. The rental car company may also charge different pricing if you deviate from the schedule you reserve (for example: if you pick up or drop off the car late). Upon pick-up of the rental car, the driver will be required to present a valid driver's license and a valid credit card in the driver’s name. Specific cars, makes and models are not guaranteed and listed car makes and model are for example only. As a result, your reservation requests are not guaranteed by us or the rental car company.
Please note the Company is not the vendor collecting and remitting taxes to the applicable taxing authorities. The Company’s rental car suppliers, as vendors, bill all applicable taxes to the Company and the Company pays over such amounts directly to the vendors. The Company is not a co-vendor associated with the vendor through whom we book or reserve travel arrangements and itineraries for customers. The reality of taxation, the appropriate tax rate and the type of applicable taxes vary significantly by location.
You understand that we cannot and do not guarantee or warrant that files or other information available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED OR OTHERWISE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE SUITABLE, AVAILABLE, ACCURATE, RELIABLE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (EACH A “COVERED PARTY” AND COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITES TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FURTHER, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY. No Covered Party shall be responsible for any Travel Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Website. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement nor for any Travel Service Provider's failure to comply with applicable federal, state, provincial and local law. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against airline debit memos or credit card chargebacks arising out of or related to:
PLEASE READ THIS PROVISION CAREFULLY. IT REQUIRES THAT ANY AND ALL CLAIMS MUST BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM. THESE LIMITATIONS APPLY TO ANY CLAIMS AGAINST THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES, OR ANY TRAVEL SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE.
IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL IN MOST INSTANCES BE FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE OFTEN MORE LIMITED THAN COURT PROCEDURES.
By using the Website, you, any Third-party, and the Company agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") applying Ohio law, except that under no circumstances may any Claim be brought or arbitrated as a class action or be joined with another person's Claim, or proceed on a basis involving Claims brought on a purported representative capacity (either on behalf of the general public or other users or persons). This agreement applies to, and includes, any and all Claims, including any Claims that arose prior to entering this agreement.
As an exception to arbitration, you, any Third-party, and the Company retain the right to pursue in a small claims court located in the federal judicial district that includes your or the Third-party's billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against the Company, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Website must be resolved in accordance with this Arbitration section. All Claims filed or brought contrary to this section shall be considered improperly filed and void.
If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute addressed to: email@example.com . The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the Company and you, or the Company and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or the Company is entitled.
The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you, or any Third-party asserting a Claim), or at such other location as may be mutually agreed upon.
To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court Northern District of Ohio or, if there is no federal jurisdiction over the action, in the courts of the State of Ohio located in Cuyahoga County, Ohio. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action. You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Ohio, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
YOU AND ANY THIRD-PARTY FURTHER AGREE THAT NO PROCEEDING AGAINST THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES, OR ANY TRAVEL SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE (UNDER THIS PROVISION OR OTHERWISE) MAY PROCEED AS A CLASS ACTION, BE JOINED WITH ANOTHER PERSON’S CLAIM, OR PROCEED ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY (EITHER ON BEHALF OF THE GENERAL PUBLIC OR OTHER USERS OR PERSONS). ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN ADDITION, NO ARBITRATION PROCEEDING UNDER THIS PROVISION SHALL BE CONSOLIDATED OR JOINED IN ANY WAY WITH ANY OTHER ARBITRATION PROCEEDING WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES.
For any arbitration involving Claims that together seek damages that do not exceed $25,000, the Company will reimburse you for all fees and costs imposed by AAA. If you are unable to pay the filing fee, the Company will pay it for you. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against the Company, the Company will reimburse such prevailing party for any fees or costs the prevailing party paid to AAA in connection with the arbitration.
If you prevail in the arbitration of any Claim against the Company and are awarded an amount greater than the Company's last written settlement offer to you, the Company will pay a minimum recovery of $5,000, and the Company will reimburse you for all reasonable attorney's fees incurred in arbitrating the Claim(s) upon which you have prevailed. If any Third-party prevails in the arbitration of any Claim against the Company and is awarded an amount greater than the Company's last written settlement offer to such Third-party, the Company will pay a minimum recovery of $5,000 to the Third-party, and the Company will reimburse such Third-party for all reasonable attorney's fees incurred in arbitrating the Claim upon which he or she has prevailed. Any dispute regarding attorney's fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to the Company's last written settlement offer to you, the Company will pay only the amount of the award, not the minimum recovery or attorneys' fees.
Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, the Company will not be entitled to seek reimbursement of its attorney's fees for any Claim the arbitrator finds to be non-frivolous.
With the exception of the class action waiver, above, if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the class action waiver, above, is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor the Company shall be entitled to arbitrate their dispute.
Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
IF YOU OR ANY THIRD-PARTY DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU OR SUCH THIRD-PARTY MUST NOTIFY THE COMPANY IN WRITING BY CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF YOUR PURCHASE OR BEFORE YOU BEGIN TO USE THE SERVICES PURCHASED ON THIS SITE, WHICHEVER DATE IS SOONER. SUCH NOTICE SHALL BE SENT TO THE NOTICE ADDRESS DEFINED HEREINABOVE. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU AND ANY SUCH THIRD-PARTY MAY NOT CONTINUE TO PURCHASE SERVICES OR PRODUCTS ON THIS WEBSITE UNLESS AND UNTIL THE COMPANY NOTIFIES YOU OR SUCH THIRD-PARTY OTHERWISE. THE COMPANY SHALL HAVE THE RIGHT TO PROHIBIT YOUR AND SUCH THIRD-PARTY'S FUTURE PURCHASE OF SERVICES OR PRODUCTS ON THIS WEBSITE.
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