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TERMS
& CONDITIONS
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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, and your continued use of the Website or Booking Engine will be conditioned upon the terms and conditions in force at the time of your use.
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 must not use our Website or Booking Engine.
OWNERSHIP
The Website and Booking Engine are owned and operated by World Choice Travel,
a division of Travelocity.com LP. 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 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. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or Content found on the Website or Booking Engine, in any case without the prior written permission of WCT. You agree that you will not transmit or otherwise transfer any Web pages, data or Content found on the Website or Booking Engine to any other computer, server, Website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Booking Engine. You agree that you will not take any action that imposes a burden or load on our infrastructure that WCT deems in its sole discretion to be unreasonable or disproportionate to the benefits WCT obtains from your use of the 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, We Build Your Brand - Not Ours,
World Choice Travel and certain
other trade names are either trademarks or service marks or registered
trademarks or service marks of World Choice Travel, 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. AAA trademarks and service marks, including AAA and the Diamond Ratings trademarks and service marks (“AAA Marks”), are owned by the American Automobile Association (“AAA”). As a WCT user, you may view and search the AAA Marks but are prohibited from using the AAA Marks in any non-WCT application without first obtaining AAA's consent.
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 PARTNERS 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 PARTNERS 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 PARTNERS. ALL SUCH CONTENT
IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY
WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR PARTNERS 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 PARTNERS
HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR WEBSITE
OR BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR
PARTNERS’ AGENTS. NEITHER WE NOR OUR PARTNERS 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 PARTNERS 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 PARTNERS’ CONTROL, AND FURTHER THAT NEITHER WE NOR OUR
PARTNERS 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 PARTNERS 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 PARTNERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL WCT'S TOTAL LIABILITY FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF WCT'S PERFORMANCE HEREUNDER AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF (a) THE SUBSCRIPTION FEE AND SERVICE CHARGE FOR ACCESSING THIS WEBSITE OR BOOKING ENGINE, OR (b) US$100.00. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO WCT AND WITHOUT ANY LIABILITY WHATSOEVER, WCT AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THE WEBSITE OR BOOKING ENGINE. 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 partners, 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
In connection with facilitating your travel arrangements, we are required to pay to our travel suppliers, as and when billed by each supplier, an amount equal to certain taxes, governmental fees and other charges that such supplier must remit to the appropriate taxing authorities. We are not the vendor collecting and remitting taxes to such taxing authorities. The vendors (our travel suppliers) bill us an amount equal to all applicable taxes, and we pay over such amounts directly to the vendors. In order to recover the amount of such taxes, governmental fees and other charges, we impose a tax recovery charge.
TERMS OF SERVICE - SAVE RATE HOTEL RESERVATIONS ONLY
Credit cards for Save Rate (Hot 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 partners) 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. 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 partners, 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 partners, and
any of our or our partners’ 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 partners)
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.
WCT may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of the Website or Booking Engine or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which WCT and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to WCT and its third party providers or distributors, as applicable.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to WCT as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that WCT shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by WCT in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
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.
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