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Terms and Conditions
PLEASE READ THESE TERMS, CONDITIONS, AND NOTICES BEFORE USING OR OBTAINING ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES THROUGH THIS SITE. Travel Holdings, Inc. and
its subsidiaries (“OPERATOR”) provides access to and use of this
Site to you, the customer, subject to your acceptance without modification of the
Terms, Conditions, and Notices (“Terms”) and the additional terms
and conditions set forth in the pages of this site (“Site”). Your
access and use of this Site constitutes your agreement to observe these Terms and
those set forth in the Site.
General Terms:
1. Responsibility:
- OPERATOR is an independent contractor that makes arrangements with third party suppliers
to provide discounts and/or coupons usable towards payment directly to the suppliers’
(“Supplier”) for their respective coupons, services and/or products
(“Services”). OPERATOR is not an agent of the customer, or of other
parties providing Services.
- Neither OPERATOR nor any of its agents or employees, shall be held liable for, and
by accepting these documents customer waives any claim against all such parties
for, a) any loss of or damage to property or injury to any person caused by reason
of any defect, negligence, or other wrongful act of omission of, or any failure
of performance of any kind by any Supplier or Service provider or vendor; b) any
inconvenience, loss of enjoyment, mental distress or other similar matter related
to the Supplier or Service; c) any delayed departure, missed connections, substitutions
of accommodations, terminations of service, or changes in fares and rates; and d)
any cancellation or double booking of reservations or tickets beyond the control
of OPERATOR.
- In no event shall OPERATOR be responsible for any amount paid by the customer for
the booking and/or payments made to the Supplier.
- Operator does not endorse any particular Supplier or Service.
2. Privacy Policy:
- Your use of this Site is subject to our Privacy Policy. Consumer’s use of this Site
is an acknowledgement of your knowledge, understanding and acceptance of our Privacy
Policy and the practices in our Privacy Policy.
Legal Policies:
1. COPYRIGHT AND OWNERSHIP. All content included on this Site including but not
limited to data, content, graphics, sound, artwork and computer code is the property
of OPERATOR or the suppliers of OPERATOR and is protected by United States and international
copyright laws. The compilation of all content on this Site is the exclusive property
of OPERATOR and protected by U.S. and international copyright laws. OPERATOR, its
subsidiaries, and other third parties own the marks displayed on this Site. Nothing
contained on this Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the marks without the express written
permission of OPERATOR or such other party that may own the marks.
2. USE OF SITE. This Site may be used by you solely for personal and noncommercial
uses. You must be at least 18 years of age and able to enter into binding contracts
to use this Site without the involvement of a parent or guardian. You may not reproduce,
duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish,
create derivative works from or otherwise exploit for any purpose the content, software,
products, or services or data found on this Site.
You may not (i) access, monitor or copy any content or information of this Site
using any robot, spider, scraper or other automated means or any manual process
for any purpose without express written permission of Operator; (ii) violate the
restrictions in any robot exclusion headers on this Web site or bypass or circumvent
other measures employed to prevent or limit access to this Web site; (iii) take
any action that imposes, or may impose, in the discretion of Operator, an unreasonable
or disproportionately large load on the Operator’s infrastructure; or
(iv) deep-link to any portion of this Site (including, without limitation, the purchase
path for any travel services) for any purpose without express written permission
of Operator. If applicable, you are responsible for maintaining the confidentiality
of your passwords, login, and account information. You are financially responsible
for all uses of our Site by you and anyone using your password and login information.
OPERATOR reserves the right to terminate or restrict your access to all or any component
of our Site, refuse service, remove or edit content, or cancel orders, at any time
and without advance notice or liability. You will not use this Site for any purpose
that is unlawful and/or prohibited by these terms, conditions, and notices. You
will not use the Site for any speculative, false, or fraudulent reservations. Any
information you send to this Site is transmitted at the sole risk of the user. The
rates and terms and/or conditions of use and purchase imposed by any supplier providing
product and service on this Site are subject to change by Operator at any time prior
to payment. Reservations and bookings of groups (defined herein) and/or conventions
must be made directly with Operator’s Groups Department. Operator reserves to the
right, in its sole discretion, to cancel any bookings made on this site for Groups
and/or charge purchasers credit card for any additional fees and costs related thereto.
3. LIABILITY AND WARRANTY DISCLAIMER. OPERATOR AND OPERATOR’S SUPPLIERS/SUPPLIERS
MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS
SITE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES,
AND/OR OPERATION OF THE SITE ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. WE EXPRESSLY
DISCLAIM ANY RESPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED THAT THE SITE WILL
BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPERATOR DISCLIAMS ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. THE INCLUSION OR OFFERING OF ANY PRODUCT OR SERVICE ON THIS SITE DOES
NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE.
THE SUPPLIERS OF PRODUCTS AND SERVICES FOR OPERATOR ARE INDEPENDENT CONTRACTORS
AND ARE NOT AGENTS OF OPERATOR. OPERATOR IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR
ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT,
MENTAL DISTRESS OR OTHER SIMILAR MATTER, DELAYED DEPARTURE, MISSED CONNECTION, SUBSTIUTION
OF ACCOMODATIONS, TERMINATIONS OF SERVICE, OR CHANGES IN FARES AND RATES, AND/OR
CANCELLATION OR DOUBLE BOOKING OF RESERVATIONS OR TICKETS RESULTING THEREFROM. ALL
SUPPLIER AND SERVICE DOCUMENTS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
BY OPERATOR’S SUPPLIERS. IN NO EVENT SHALL OPERATOR BE RESPONSIBLE FOR ANY AMOUNT
OTHER THAN THE PRICE PAID BY YOU FOR THE PRODUCT AND/OR OTHER SERVICES MINUS ANY
FEES AND COSTS PAID OR CHARGED TO THE OPERATOR.
OPERATOR, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE, RESPONSIBLE OR LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY
AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE,
OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE,
OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY OPERATOR OR ITS
SUPPLIERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN
IF OPERATOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4. GENERAL. The headings in these Terms are for convenience and reference. The headings
do not limit or affect the Terms. Your acceptance of these Terms and use of our
Site do not create a joint venture, partnership, employment or agency relationship
with OPERATOR. You may not assign, delegate or transfer your rights or obligations
under these Terms. If we fail to act with respect to your breach or anyone else’s
breach of the Terms on any occasion, we are not waiving our right to act with respect
to future or similar breaches. If a court finds any of these Terms to be unenforceable
or invalid, that Term will be enforced to the fullest extent permitted by applicable
law and the other Terms will remain valid and enforceable. These Terms, together
with those items made a part of these terms by reference, make up the entire agreement
between us relating to your use of our Site, and replaces any prior or contemporaneous
written or oral understandings or agreements relating to the use of our Site. The
laws of the State of Florida, U.S., govern the Terms and any agreements herein.
You hereby consent to the exclusive jurisdiction and venue of courts in Seminole
County, Florida, U.S., in all disputes arising out of or relating to the use of
this Site. Any rights not expressly granted herein are reserved in accordance with
applicable laws.
5. MODIFICATION OF TERMS. OPERATOR reserves the right to modify these Terms and
our Site at any time. Your continued use of this Site will be subject to the Terms
in effect at the time of your use.
6. INDEMNIFICATION. You will defend and indemnify OPERATOR, its officers, directors,
employees and agents from and against any claim, cause of action or demand, including
without limitation reasonable legal and accounting fees, brought by you or your
behalf in excess of the liability described above or by third parties as a result
of your breach of these Terms or the documents made a part of these Terms by reference,
your violation of any law or the rights of a third party, or the use of the Site.
7. SUPPLIER TERMS. You agree to abide by the terms and/or conditions of use and
purchase imposed by any Supplier providing Service through this Site.
The Foregoing Terms and Conditions are Subject to Change.
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