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Airline Ticket Deals
USER AGREEMENT
The
terms "we", "us" and "Company"
refers to Airline Ticket Deals , its affiliates and/or their
respective suppliers and providers , and "you" refers
to the customer booking a reservation though us directly through
this website, or indirectly through any of our affiliates
through whom we provide services. All reservations you book
through us are subject to the following terms, conditions
and notices as they exist at the time the reservation is made.
We reserve the right to change these terms, conditions and
notices and you agree to accept and be bound by the terms,
conditions and notices that are in effect at the time of your
use of our website and facilities.
PERSONAL
AND NONCOMMERCIAL USE LIMITATION
This
website is for your personal and noncommercial use. The content
and information on this website (including, without limitation,
price and availability of travel services), as well as the
infrastructure used to provide such content and information,
is proprietary to Airline Ticket Deals. Accordingly, as a
condition of using this website, you agree not to use this
website or its contents or information for any commercial
or non-personal purpose (direct or indirect). While you may
make limited copies of your travel itinerary (and related
documents) for travel or services purchased through this website,
you agree not to modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell or re-sell any information, software,
products, or services obtained from this website. In addition,
whether or not you have a commercial purpose, you agree not
to:
(i)
access, monitor or copy any content or information of this
website using any robot, spider, scraper or other automated
means or any manual process for any purpose without express
written permission of Airline Ticket Deals;
(ii)
violate the restrictions in any robot exclusion headers on
this website or bypass or circumvent other measures employed
to prevent or limit access to this website;
(iii)
take any action that imposes, or may impose, in the discretion
of Airline Ticket Deals, an unreasonable or disproportionately
large load on the Airline Ticket Deals infrastructure; or
(iv)
deep-link to any portion of this website (including, without
limitation, the purchase path for any travel services) for
any purpose without express written permission of Airline
Ticket Deals.
COPYRIGHT
AND TRADEMARK NOTICES
All
contents of this website are: ©2003 Airline Ticket Deals.
Los Angeles California, USA. All rights reserved. Airline
Ticket Deals and the Airline Ticket Deals logo are registered
trademarks or trademarks of Boyd Travel Company. Other product
and company names mentioned herein may be the trademarks of
their respective owners.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
IN PARTICULAR, AIRLINE TICKET DEALS DOES NOT GUARANTEE THE
ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING
TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE,
AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL
AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS
WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE
SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED
AS ONLY GENERAL GUIDELINES, AND AIRLINE TICKET DEALS DOES
NOT GUARANTEE THE ACCUARACY OF THE RATINGS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. TRAVELNOW MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
AIRLINE
TICKET DEALS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING
FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES
NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS
OR SERVICES BY AIRLINE TICKET DEALS. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. AIRLINE TICKET DEALS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE
CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER
SERVICES FOR AIRLINE TICKET DEALS ARE INDEPENDENT CONTRACTORS
AND NOT AGENTS OR EMPLOYEES OF AIRLINE TICKET DEALS . AIRLINE
TICKET DEALS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY
SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY
DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
AIRLINE TICKET DEALS HAS NO LIABILITY AND WILL MAKE NO REFUND
IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE,
FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL,
AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR
AUTHORITY.
IN
NO EVENT SHALL AIRLINE TICKET DEALS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE
USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE
THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AIRLINE TICKET
DEALS, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You
agree to defend and indemnify the Company, its affiliates,
and/or their respective suppliers and any of their officers,
directors, employees and agents from and against any claims,
causes of action, demands, recoveries, losses, damages, fines,
penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal and accounting
fees, brought by:
- you
or on your behalf in excess of the liability described above;
or
- by
third parties as a result of:
- your
breach of this agreement or the documents referenced
herein;
- your
violation of any law or the rights of a third party;
or
- your
use of this website.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of this website, you warrant that
you will not use this website for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
LINKS
TO THIRD-PARTY SITES
This
website may contain hyperlinks to websites operated by parties
other than Airline Ticket Deals. Such hyperlinks are provided
for your reference only. Airline Ticket Deals does not control
such websites and is not responsible for their contents or
your use of them. Airline Ticket Deals inclusion of hyperlinks
to such websites does not imply any endorsement of the material
on such websites or any association with their operators.
SOFTWARE
AVAILABLE ON THIS WEBSITE
Any
software that is made available to download from this website
("Software") is the copyrighted work of Airline
Ticket Deals. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies,
or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first agree
to the License Agreement terms.
For
any Software not accompanied by a License Agreement, Airline
Ticket Deals hereby grants to you, the user, a personal, nontransferable
license to use the Software for viewing and otherwise using
this website in accordance with these terms and conditions
and for no other purpose.
Please
note that all Software, including, without limitation, all
HTML code and Active X controls contained on this website,
is owned by Airline Ticket Deals, and is protected by copyright
laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You
acknowledge that the Software and any accompanying documentation
and/or technical information are subject to applicable export
control laws and regulations of the United States of America
("USA"). You agree not to export or reexport the
Software, directly or indirectly, to any countries that are
subject to USA export restrictions.
TERMS,
CONDITIONS AND WARRANTIES
Prepaid
Hotel Transactions
You
agree that your credit card will be charged for the full cost
of your reservation upon submitting your reservation request.
The cost of your reservation is the total of the indicated
room rate multiplied by the number of days in your reservation,
plus an additional amount for the tax recovery charges and
our service fees. The tax recovery charge is assessed to recover
the amount we pay to the hotel in connection with your reservation
for sales and use, occupancy room tax, excise tax, value added
and other similar taxes, and the balance of the additional
amount is a fee we charge in connection with the handling
of your reservation. Our service fee varies based on the amount
and location of your reservation.
We
are not the vendor collecting and remitting said tax to the
applicable tax authorities. The vendors bill all applicable
taxes to us and we remit such tax directly to the vendor.
We are not a co-vendor associated with the vendor with whom
we book or reserve our customers travel arrangements.
Taxability and the appropriate tax rate vary greatly by location.
Our actual tax cost paid to the vendor may vary from the tax
recovery charge, depending upon the rates, taxability, etc.,
in effect at the time of the actual use of the hotel, automobile,
etc., by our customer.
You
may cancel or change your prepaid reservation, but you will
be charged the cancellation or change fee indicated on the
reservation order form. In addition, if you do not cancel
or change your reservation before the cancellation policy
period applicable to the hotel you reserved, which varies
by hotel (usually 24 to 72 hours prior to your date of arrival),
you will be subject to a charge of one nights room rate,
tax recovery charges and service fees. No refunds will be
made for no-shows or early checkouts. See the hotel description
for the cancellation policy period for each hotel. You agree
to pay any cancellation or change fee that you incur. In some
cases, hotels do not permit changes to or cancellations of
reservations after they are made, generally for stays during
holiday periods or special events. You will be notified before
the reservation order is completed and your credit card is
charged if a reservation is non-refundable or non-changeable.
You agree to abide by the terms and conditions imposed with
respect to any conditions imposed with respect to any completed
reservation order for a hotel stay as specified on the reservation
order form.
The
Company attempts to secure the best hotel rates available.
The Companys guarantee provides limited assurance that
our rates on prepaid hotel transactions are the lowest rates
available. If a lower room rate is available to you for the
same dates and the same hotel within 24 hours of the time
you booked and prepaid your reservation and you contact us
within that 24-hour period, we will either refund the difference
or cancel your reservation without cancellation fee or other
charge. This guarantee does not apply to special events such
as New Years Eve and the Super Bowl or to non-refundable
or non-changeable reservations.
Travel
Destinations
Although
most travel, including travel to international destinations,
is completed without incident, travel to certain destinations
may involve greater risk than others. Airline Ticket Deals
urges passengers to review travel prohibitions, warnings,
announcements and advisories issued by the United States Government
prior to booking travel to international destinations. Information
on conditions in various countries and the level of risk associated
with travel to particular international destinations can be
found at www.state.gov,
www.tsa.gov,
www.dot.gov,
www.faa.gov,
www.cdc.gov,
www.treas.gov/ofac
and www.customs.gov.
BY
OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS,
AIRLINE TICKET DEALS DOES NOT REPRESENT OR WARRANT THAT TRAVEL
TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE
FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS.
MODIFICATION
OF THESE TERMS AND CONDITIONS
Airline
Ticket Deals reserves the right to change the terms, conditions,
and notices under which this website is offered and you agree
to accept and be bound by those terms, conditions, and notices
that are in effect at the time of your use of Airline Ticket
Deals website
and facilities.
GENERAL
By
using this website or booking a reservation through us you
agree that the internal laws of the State of California, without
regard to the principles of conflicts of laws, will govern
this agreement and any dispute of any kind that arises between
you and the Company or its affiliates. You hereby agree that
any dispute arising from or relating to the use of this website
or hotel reservations made through us may, if not amicably
resolved, be resolved only through binding arbitration between
you and us under the commercial rules of the American Arbitration
Association. This arbitration, which shall be conducted in
Los Angeles County, California, USA before neutral arbitrators,
shall not involve other customers, be combined with separate
arbitrations involving other customers, or proceed as any
type or form of class action in which the claims of similarly-situated
customers are pursued together. Use of this website is unauthorized
in any jurisdiction that does not give effect to all provisions
of this agreement, including, but not limited, to this paragraph.
We reserve the right to comply with law enforcement requests
or requirements relating to your use of this website or information
provided to or gathered by the Company with respect to your
use of this website. If any provision of this agreement is
determined to be invalid or unenforceable pursuant to applicable
law by any court of competent jurisdiction, the other provisions
of this agreement will remain in full force and effect.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and the Company as a result
of this agreement or use of this website.
We
reserve the right to comply with law enforcement requests
or requirements relating to your use of this website or information
provided to or gathered by the Company with respect to your
use of this website.
If
any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and agreement shall continue in effect.
This
agreement (and any other terms and conditions referenced herein)
constitutes the entire agreement between the customer and
the Company with respect to this website and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between the customer
and the Company with respect to this website. A printed version
of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
Fictitious
names of companies, products, people, characters, and/or data
mentioned herein are not intended to represent any real individual,
company, product, or event. Any rights not expressly granted
herein are reserved.
USE
OF AIRLINE TICKET DEALS WEBSITE
The
Airline Ticket Deals website is provided solely to assist
customers in determining the availability of travel-related
goods and services and to make legitimate reservations or
otherwise transact business with suppliers, and for no other
purposes. You warrant that you are at least 18 years of age
and possess the legal authority to enter into this agreement
and to use this website in accordance with all terms and conditions
herein. You agree to be financially responsible for all of
your use of this website (as well as for use of your account
by others, including, without limitation, minors living with
you). You agree to supervise all usage of this website by
minors under your name or account. You also warrant that all
information supplied by you or members of your household in
using this website is true and accurate. Without limitation,
any speculative, false, or fraudulent reservation or any reservation
in anticipation of demand is prohibited. You agree that the
travel services reservations facilities of this website shall
be used only to make legitimate reservations or purchases
for you or for another person for whom you are legally authorized
to act. You understand that overuse or abuse of the travel
services reservation facilities of this website may result
in you being denied access to such facilities.
Separate
terms and conditions will apply to your reservation and purchase
of travel-related goods and services that you select. You
agree to abide by the terms or conditions of purchase imposed
by any supplier with whom you elect to deal, including, but
not limited to, payment of all amounts when due and compliance
with the supplier's rules and restrictions regarding availability
and use of fares, products, or services. You understand that
any violation of any such suppliers conditions of purchase
may result in cancellation of your reservation(s) or purchase,
in your being denied access to any flights, hotels, or automobiles,
in your forfeiting any monies paid for such reservation(s)
or purchase, and in Airline Ticket Deals debiting your account
for any costs Airline Ticket Deals incurs as a result of such
violation. You shall be completely responsible for all charges,
fees, duties, taxes, and assessments arising out of the use
of this website.
©2005
Airline Ticket Deals, Inc. All rights reserved.
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