- USER AGREEMENT
By
using our website ("Website") and the online
booking engine ("Booking Engine") contained
on our Website, you are agreeing to the
following terms and conditions of use
without modification or revision. It is
important that you understand that we may
amend, revise or update the terms and
conditions of this User Agreement at any
time and without prior notice to you.
Therefore, you should carefully review the
terms and conditions of this User Agreement
each time you use our Website or Booking
Engine. If the terms and conditions of this
User Agreement are not acceptable to you,
you should not use our Website or Booking
Engine.
- OWNERSHIP
The
Booking Engine is owned and operated by
World Choice Travel, a division of
Travelocity.com LP ("WCT"). All information,
including without limitation text, graphics,
software and all other materials including
the HTML, XML, CGI and any other code and
script in any format used to implement our
Booking Engine or related Website
("Content"), are our property or the
property of our licensors. You do not, by
using our Website or Booking Engine, acquire
any ownership or other rights to any Content
or other materials contained on or
accessible through our Website or Booking
Engine.
- LIMITED RIGHT TO USE
Subject to the terms and conditions set
forth in this User Agreement, we hereby
grant to you a non-exclusive, limited,
non-transferable and revocable license to
view, print and download Content from our
Website and Booking Engine solely for your
personal and noncommercial use solely for
purposes of enabling you to purchase
products or services offered through our
Website or Booking Engine. You agree not to
republish, distribute, assign, modify,
transmit, display, reproduce, license,
create derivative works from, transfer or
sell any Content or other materials obtained
or obtainable on or through our Website or
Booking Engine.
- COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to our
Website or Booking Engine are protected
under applicable laws relating to
intellectual property rights, including but
not limited to copyright and trademark laws.
The copying, redistribution, use or
publication by you of any such matters or
any part of our Website or Booking Engine,
except as allowed under this User Agreement,
is strictly prohibited. The posting of
Content on our Website or Booking Engine
does not constitute a waiver of any such
rights. World Choice Travel, Inc., World
Choice Travel, We Build Your Brand - Not
Ours, WorldChoiceTravel.com and certain
other trade names are either trademarks or
service marks or registered trademarks or
service marks of World Choice Travel, Inc.
Other product and company names contained on
the Website or Booking Engine may be
trademarks or service marks of their
respective owners. WCT reserves all right,
title and interest in and to its copyright
and trademark rights.
- NONTRANSFERABLE
Your
right to use our Website or Booking Engine
is not transferable.
- LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON
THIS WEBSITE AND/OR IN THE BOOKING ENGINE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. THE CONTENT OR OTHER MATERIALS MAY
BE CHANGED OR UPDATED PERIODICALLY. WE, AND
ANY OF OUR AFFILIATES MAY, BUT SHALL NOT BE
REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE
OR BOOKING ENGINE AT ANY TIME WITHOUT PRIOR
WRITTEN NOTICE TO YOU.
NEITHER WE NOR
ANY OF OUR AFFILIATES MAKE ANY
REPRESENTATION OR WARRANTY ABOUT THE
SUITABILITY OF THE CONTENT CONTAINED ON OUR
WEBSITE OR THE BOOKING ENGINE FOR ANY
PURPOSE WHATSOEVER, AND THE INCLUSION OR
OFFERING FOR SALE OF ANY PRODUCTS OR
SERVICES ON OR THROUGH OUR WEBSITE OR THE
BOOKING ENGINE SHALL NOT CONSTITUTE ANY
ENDORSEMENT OR RECOMMENDATION OF SUCH
PRODUCTS OR SERVICES BY US OR OUR
AFFILIATES. ALL SUCH CONTENT IS PROVIDED "AS
IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF
ANY KIND WHATSOEVER. WE AND OUR AFFILIATES
HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO SUCH CONTENT AND
ALL PRODUCTS AND SERVICES AVAILABLE THROUGH
OUR WEBSITE OR BOOKING ENGINE, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. OUR WEBSITE AND/OR BOOKING
ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS, FOR WHICH YOU AGREE TO
HOLD US AND OUR AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND
SERVICES THROUGH OUR WEBSITE OR BOOKING
ENGINE ARE INDEPENDENT CONTRACTORS AND ARE
NOT OUR OR OUR AFFILIATES' AGENTS. NEITHER
WE NOR OUR AFFILIATES ARE LIABLE FOR THE
ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE
WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY
PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR
OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. FROM TIME TO TIME, ACCESS TO OUR
WEBSITE OR BOOKING ENGINE (OR ANY PORTION
THEREOF) MAY BE SUSPENDED WITHOUT PRIOR
NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES
WILL HAVE NO LIABILITY AND WILL NOT BE
OBLIGATED TO MAKE ANY REFUND AND SHALL
OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF
ANY DELAY, CANCELLATION, OVERBOOKING,
MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS
OF GOD, SECURITY BREACH, FALSE
TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL
FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR
AFFILIATES' CONTROL, AND FURTHER THAT
NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY
RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY
GOVERNMENT OR AUTHORITY.
IN NO EVENT
SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THE USE OF OUR WEBSITE OR BOOKING
ENGINE OR THE DELAY OR INABILITY TO USE OUR
WEBSITE OR BOOKING ENGINE, OR FOR ANY
CONTENT OR PRODUCTS OR SERVICES OBTAINED
THROUGH OUR WEBSITE OR BOOKING ENGINE, OR
OTHERWISE ARISING OUT OF THE USE OF OUR
WEBSITE OR BOOKING ENGINE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF WE OR OUR AFFILIATES HAVE
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.
- NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Website
and/or Booking Engine, you agree that you
will not use our Website or Booking Engine
for any purpose that is unlawful or
prohibited by, or inconsistent with, this
User Agreement. You represent and warrant
that you are at least 18 years old and
posses the legal authority to enter into
this User Agreement and to use our Website
and Booking Engine in accordance with the
terms and conditions of this User Agreement.
You may only use our Website and the Booking
Engine to make legitimate reservations or
purchases and not for any other purposes,
including without limitation, to make any
speculative, false or fraudulent
reservations or any reservation in
anticipation of demand.
- USE OF INFORMATION
We reserve the right, and you authorize us
and our affiliates, to use and assign all
information provided by you in any manner
consistent with our Privacy Policy. You may
view our Privacy Policy by clicking
HERE.
- CONTENT
Some of the
Content that refers to city attractions,
things to do, hotel accommodations,
restaurants and other services is the
property of, and is supplied by, third party
suppliers that are not under our control. We
do not independently verify, and do not
guarantee, the accuracy of the information
that we receive from such third parties. All
information, prices and availability are
subject to change without notice.
- LINKS TO OTHER WEBSITES
Our Website and Booking Engine may contain
hyperlinks to websites operated by third
parties. We do not control such websites and
will not be responsible for their content or
for any breach of contract or any
intentional or negligent action on the part
of such third parties, which results in any
loss, damage, delay or injury to you or your
companions. We are not responsible for the
accuracy of opinions express in such
websites, and such websites are not
investigated, monitored or checked for
accuracy or completeness by us. Inclusion of
any linked website on our Website or Booking
Engine does not imply or constitute approval
or endorsement of the linked website by us.
If you decide to leave our Website or
Booking Engine to access these third party
sites, you do so at your own risk. All
rules, policies (including privacy policies)
and operating procedures of websites
operated by third parties will apply to you
while on such sites. We are not responsible
for information provided by you to third
parties.
- TAX RECOVERY CHARGE
The tax charge on Save Rate hotel
transactions is a recovery of all applicable
transaction taxes (e.g. sales and use,
occupancy, room tax, excise tax, value added
tax, etc.) that we collect from customers
and pay our vendors (such as hotels, etc.)
in connection with our customers'
purchasers. We are not the vendor collecting
and remitting such tax to the applicable tax
authorities. The vendors bill us for
applicable taxes and we remit such amounts
directly to our vendors. 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. The actual amount paid to a vendor
may vary from the tax recovery charge,
depending upon the rates, taxability or
other factors in effect at the time of the
actual use of a given travel service by our
customers. We do not incur the cost of sales
tax from vendors located in Alaska,
Delaware, Montana, New Hampshire and Oregon,
as these states do not impose a sales tax.
Also, certain jurisdictions impose a hotel
occupancy tax or other type of transaction
tax upon the renting of a hotel room, an
automobile, etc. The type of tax collected
by a vendor will vary by service and
location.
- TERMS OF SERVICE - SAVE RATE
HOTEL RESERVATIONS ONLY
Credit
cards for Save Rate hotel reservations will
be charged the full amount for the
reservation including all taxes and
applicable service fees at the time of
booking. Reservations may be changed or
cancelled anytime within the appropriate
hotel's cancellations policy period at a
charge indicated on the applicable website.
Upon arrival and check in at a hotel, you
are responsible for the entire length of
stay. No refunds or credits will be issued
for any nights reserved but not consumed.
Cancellations made after the hotel cancel
policy period has lapsed or no shows will be
charged according to the hotel's
cancellation policy (although the
cancellation charge usually equals one
night's room rate plus tax, you should look
to the specific hotel's policies for the
exact charges that you may incur). No
contract will exist between you and us (or
our affiliates) with respect to Save Rate
hotel reservations until we have sent you an
email with a pre-payment voucher that you
will present to the appropriate hotel at the
time of your check in. There may still be
times when a hotel refuses to confirm a
reservation. In this case we will
re-accommodate to a similar property or
refund all monies charged. Loyalty program
award points cannot be guaranteed when
booking a Save Rate hotel.
- CURRENCY CONVERTER
Currency rates are based on various publicly
available sources and should be used as
guidelines only. Rates are not verified as
accurate, and actual rates may vary.
Currency quotes are not updated every day.
Check the date on the Currency Converter for
the day that currency was last updated.
Neither we, nor our affiliates, warrant or
guarantee the accuracy of any such
information. When using this information for
any financial purpose, we advise you to
consult a qualified professional to verify
the accuracy of the currency rates. We do
not authorize the use of this information
for any purpose other than personal use and
hereby prohibit, to the maximum extent
allowable the resale, redistribution, and
use of this information for commercial
purposes.
- INDEMNIFICATION
You
agree to indemnify, defend and hold us and
our affiliates, and any of our or our
affiliates' officers, directors, employees,
agents, successors and assigns, harmless
from and against any liability, claim, loss,
expense, cause of action or demand,
including without limitation reasonable
legal and accounting fees arising directly
or indirectly in connection with any breach
by you of any term, condition,
representation, warranty or covenant
contained herein or otherwise resulting from
your use of our Website or Booking Engine.
- CONTRACT INFORMATION
No contract will exist as between
you and us (or any of our affiliates) for
the sale of any product or service other
than Save Rate hotel reservations unless and
until we accept your reservation by email
confirming your reservation or purchase and
issue you a unique confirmation code.
Acceptance will be deemed complete and will
be deemed to be effectively communicated to
you for all purposes at the time that we
send the email to you whether or not you
receive the email.
- MISCELLANEOUS
This
User Agreement shall be governed by and
construed in accordance with the laws of the
State of Florida, USA, without regard to any
conflict of law principles. You irrevocably
and unconditionally agree that any legal
proceeding arising out of or relating to
this User Agreement may be brought in the
United States District Court for the
Southern District of Florida, West Palm
Beach Division, or, if that court lacks
jurisdiction, in any court of competent
jurisdiction in Palm Beach County; and
hereby consent to the jurisdiction of each
such court in any proceeding. Use of our
Website or Booking Engine is unauthorized in
any jurisdiction that does not give effect
to all provisions of these terms and
conditions, including, without limitation,
this paragraph.
This User Agreement
(and any other terms and conditions
referenced herein) constitutes the entire
and only agreement between us and you, and
supercedes all prior or contemporaneous
agreements, representations, warranties and
understandings with respect to our Website,
the Booking Engine, the Content or any
products or services provided by or through
our Website or Booking Engine, and the
subject matter of this User Agreement. You
agree that no joint venture, partnership,
employment or agency relationship is created
as a result of this User Agreement or use of
our Website or Booking Engine. Our
performance of this User Agreement is
subject to existing laws and legal process,
and nothing contained in this User Agreement
is in derogation of our right to comply with
law enforcement requests or requirements
relating to your use of this Website or
information provided to or gathered by us
with respect to such use. If any part of
this User 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 the
remainder of this User Agreement shall
continue in effect. A printed version of
this User Agreement and of any notice given
in electronic form shall be admissible in
judicial or administrative proceedings based
upon or relating to this User Agreement to
the same extent and subject to the same
conditions as other business documents and
records originally generated and maintained
in printed form. Our failure to enforce any
provision of this User Agreement shall not
be deemed a waiver of such provision nor of
the right to enforce such provision.
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. Other terms and conditions may
apply to your purchase of products or
services offered on or through the Website
and/or Booking Engine.
- SELLER OF TRAVEL
World Choice Travel, a division of
Travelocity.com LP. is registered with the
State of Florida as a Seller of Travel.
Registration No. ST34200. ©2008 World Choice
Travel. All rights reserved.
|