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.
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.
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.
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.
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.