TERMS AND CONDITIONS OF USE
OF SITE
Please read these Terms and Conditions carefully
before using this Site.
Last
updated on July 14 2005
This
web site (this "Site") is provided by Paragon
Travel Agency, conditional on your acceptance of
the terms and conditions of use set forth below
(the "Terms and Conditions"). By accessing,
using, and/or downloading messages, information,
data, text, software or images, or other
materials from this Site (the "Materials"), and
by sending messages, information, data, text,
software or images, or other materials to the
Site ("Content"), you agree on your own behalf
and on behalf of any entity on whose behalf you
may act to accept and abide by these Terms and
Conditions for each use and each visit of this
Site. If you do not agree to abide by these
Terms and Conditions, you should not use this
Site or download or use Materials from it. These
Terms and Conditions apply exclusively to your
access to and use of this Site and do not alter
the terms or conditions of any other agreement
you may have with Agency. In case of
inconsistency between these Terms and Conditions
and any other agreement you may have with
Agency, the other agreement shall prevail, but
only to the extent of the inconsistency.
1. Changes to Terms and
Conditions
Agency has the right, in its sole discretion, to
add to, remove, modify or otherwise change any
part of these Terms and Conditions, including
the Privacy Policy, in whole or in part, at any
time. Changes will be effective when notice of
such change is posted at this Site. Please check
these Terms and Conditions frequently for
updates by checking the date of "Last Update" at
the top of this document. If any change is not
acceptable to you, you must discontinue your use
of this Site immediately. Your continued use of
this Site or downloading or use of Materials
from it after any such changes are posted will
constitute acceptance of those changes.
2.
Changes to this Site
Agency may terminate, change, suspend or
discontinue any aspect of this Site, including (i)
changing the availability of any features, at
any time without notice or liability; (ii)
changing any fees or charges for use of the
Site, including instituting new or increased
fees or charges for the use of the Site or any
other Site-related services (the "Services") or
any features thereof; (iii) removing, adding,
modifying or otherwise changing any Materials on
or from this Site; or (iv) imposing limits on
certain features and Services or restricting
your access to parts or all of this Site without
notice or liability for any reason whatsoever.
Agency reserves the right but not the duty, in
its sole discretion, to correct any errors or
omissions in any portion of this Site at any
time without notice.
3.
Permitted and Prohibited Uses
The
Site may be used only for lawful purposes by
individuals seeking travel and related
information. You agree to use the Site only to
send Content and receive Materials that are
proper and related to purpose of the Site.
Subject to these Terms and Conditions, Agency
grants you a non-exclusive, non-transferable,
limited right to access, use and view this Site
and the Materials thereon, solely for your own
personal or internal company use, provided,
however, that you may not, nor may you allow
others to, directly or indirectly: (i) remove,
from any copy of the Materials downloaded, the
copyright or other proprietary notices contained
in the Materials; (ii) sell, reproduce, modify
or attempt to modify the Materials in any way or
reproduce or publicly display, perform, or
distribute or otherwise use them for any public
or commercial purpose, including without
limitation use of the Materials on any other web
site; (iii) transfer the Materials to any other
person without the written consent of Agency;
(iv) print or copy any of the HTML or other
computer programs that are accessible at this
Site; (v) use this Site in any manner that could
damage, disable, overburden or impair this Site;
(vi) interfere with the security of, or
otherwise abuse, this Site or any services,
system resources, accounts, servers or networks
connected to or accessible through this Site or
affiliated or linked sites; (vii) disrupt or
interfere with any other person's use or
enjoyment of this Site or affiliated or linked
sites; (viii) upload, post or otherwise transmit
on this Site any Content that would negatively
affect the functioning of the Site, including
without limitation computer viruses, Trojan
horses, worms or other harmful, disruptive or
destructive files or computer programs or that
imposes an unreasonable or disproportionately
large load on this Site's infrastructure; (ix)
use any robot, spider or other automatic program
or device, or manual process to monitor, copy,
summarize, or otherwise extract information from
this Site or the Materials in whole or in part;
(x) use or attempt to use another's account,
password, service, system or other information
without prior written authorization from Agency;
(xi) create or use a false identity on this
Site; (xii) attempt to obtain unauthorized
access to this Site or portions of this Site
that are restricted from general access; (xiii)
transmit on, to or from this Site spam, chain
letters, junk mail or any other type of
unsolicited mass e-mail; (xiv) harvest or
otherwise collect information about others,
except for the sole stated purposes provided by
this Site, including e-mail addresses, without
their consent; or (xv) register an e-mail
address that you do not own or for which you do
not have the express permission of the owner to
register.
If
the Site provides you with the capability to
post certain Content to the Site, you may only
do so for the lawful, stated purposes of this
Site. You agree, that in posting Content, you
will not, nor will you allow others to, directly
or indirectly: (i) post any incomplete, false or
inaccurate information; (ii) post any franchise,
pyramid scheme, "club membership",
distributorship or sales representative agency
arrangement or other business opportunity which
requires an up front or periodic payment,
requires recruitment of other members,
sub-distributors or sub-agents; (iii) delete or
revise any material posted by any other person
or entity; (iv) post or transmit any Content
that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, vulgar,
obscene, or tortious or materials which infringe
or violate any third party's copyright,
trademark, trade secrets, privacy or other
proprietary or property right or that could
constitute a criminal offence, give rise to
civil liability or otherwise violate any
applicable law; (v) impersonate any person or
entity.
In
addition, you agree that you are solely
responsible for actions and communications
undertaken or transmitted in the course of your
usage of this Site, and that you will comply
with all laws that apply or may apply to your
use of or activities on this Site or in respect
of the Content and Materials. Agency will
investigate occurrences which may involve such
violations and may involve, and to the extent
permitted by law, co-operate with, law
enforcement authorities in prosecuting users who
are involved in such violations.
Agency reserves the right at all times to
disclose any Content provided by you as
necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post
or remove any Content, in whole or in part, that
in Agency' sole discretion is objectionable or
in violation of these Terms and Conditions.
4.
Registration and Password
Where the Site provides you with the capability
to do log in, you are responsible for
maintaining the confidentiality of your
registration information and password. You shall
be responsible for all uses of your
registration, whether or not authorized by you.
You agree to immediately notify Agency of any
unauthorized use of your registration or
password.
5.
Proprietary Rights
Limited License and Copyright.
This Site, including all Materials, is protected
by Canadian and worldwide copyright laws and
treaty provisions. You agree to comply with all
copyright laws worldwide in your use of this
Site and to prevent any unauthorized copying of
the Materials. Except as expressly provided
herein, Agency does not grant any express or
implied right or license to you under any
intellectual property right, including under any
patent, trademark, copyright, trade secret, or
confidential information, of Agency.
Trademarks.
The Services names, company names and logos used
on this Site may be trademarks, including
registered trademarks of Agency. Such Services
names, company names and logos of Agency may not
be copied, imitated or used, in whole or in
part, without the prior written consent of
Agency. Other services and company names
mentioned on this Site may be the trademarks of
their respective owners.
Reservation of Rights.
Agency' Services, methods and processes may be
covered by one or more patents or other
statutory intellectual property rights, and are
subject to trade secret and other proprietary
rights. Agency reserves all such rights.
Software.
Any
software, including calculator software, as well
any files, images generated by such software,
code and data accompanying such software (the
"Software"), used or accessible through this
Site is the copyrighted work of Agency or its
licensors. Unless provided for elsewhere, you
are licensed to use the Software on a
non-exclusive basis for the purposes expressly
stated on this Site. Except as permitted by law,
you may not use the Software for any other
purpose or attempt to decipher, decompile,
disassemble or reverse engineer any of the
Software comprising or in any way making up a
part of the Site.
6.
Links and Third Party Content
Certain links on this Site may take you to other
web sites. Agency provides these links only as a
convenience. These linked sites are not
necessarily under the control of Agency. If you
use these sites, you will leave this Site. If
you decide to visit any linked site, you do so
at your own risk and it is your responsibility
to take all protective measures to guard against
viruses and other destructive elements.
Agency is not responsible for the contents of
any such linked page or any other page not under
its control. Agency makes no representation or
warranty regarding, and does not endorse, any
linked web sites, the information appearing
thereon or any of the products or services
described. Links do not imply that Agency
sponsors, endorses, is affiliated or associated
with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or
that any linked site is authorized to use any
trademark, trade name, logo or copyright symbol
of Agency.
7.
Linking Agreement
Agency welcomes links to its Internet web home
page. If you want to link to this Site, you may
do so, provided you agree to the link conditions
(the "Link Conditions") described below. By
establishing a link to this Site, you will be
deemed to have agreed to these Link Conditions:
(a)
If you link to this Site, Agency grants you a
limited, non-exclusive, non-transferable,
royalty-free license to use the Agency trademark
and Internet icons, if available, (the "Licensed
Marks") solely for the purpose of serving as a
link from your web site to this Site. Except for
the limited license to use the Licensed Marks
granted in this paragraph, you may not use any
of Agency' trademarks or service marks (the
"Marks") for any reason without Agency' prior
written permission.
(b) You acknowledge that all
rights to the Marks, the content appearing on
the Agency Website pages (the "Web Pages") and
the "look and feel" of the Web Pages belong to
Agency or third parties. You will not at any
time directly or indirectly contest or infringe
these rights.
(c)
If you link to this Site, your web site:
·
may
not create frames around any part of this Site
or use other techniques that alter the visual
presentation of this Site;
·
may
not imply that Agency is endorsing you or your
products or services.
·
may
not imply an affiliation between your company
and Agency without the prior written consent of
Agency;
·
may
not misrepresent your relationship with Agency
or present false or misleading impressions about
Agency' Services; and
·
may
not contain materials that may be interpreted as
distasteful or offensive and should be
appropriate for all age groups;
(d)
Agency shall have no responsibility or liability
for any content appearing on your web site;
(e)
Agency may at any time, in its sole discretion,
immediately terminate your license to use the
Licensed Marks and your right to link to this
Site, with or without cause. If Agency exercises
this right, you will immediately remove all
links to this Site and cease using the Licensed
Marks;
Agency may amend these Link Conditions at any
time. You agree to abide by these Link
Conditions and other legal terms and conditions
on this Site, as amended from time to time.
8.
Agreement to Privacy Policy
You
agree to abide by Agency's Privacy Policy, which
is incorporated by reference into these Terms
and Conditions.
9.
Disclaimers
You
acknowledge that any use of or reliance on this
Site or any Materials shall be at your sole
risk. Agency makes no representation or warranty
of any kind regarding the Site and/or the
Materials, including with respect to the
information provided by third party legal and
other consultants, all of which are provided on
an "AS IS" basis. AGENCY EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS,
INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. AGENCY DOES
NOT WARRANT THAT THIS SITE WILL CONTINUE TO
OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT
IT WILL BE ERROR-FREE.
Not
limiting the generality of the foregoing, the
information provided on this Site is for general
informational purposes only. Information
provided on the Site with a byline,
identification of publication source, or any
other sort of third-party identifier, is
provided by third parties on an "As Is" basis,
and Agency does not review it. Agency and its
third party consultants do not warrant or
guarantee the truth, accuracy or completeness of
this information. No lawyer-client, advisory,
fiduciary or other relationship is created by
accessing or otherwise using this Site.
Because user authentication on the Internet is
difficult, Agency cannot and does not confirm
that each user is who they claim to be. Because
we do not and cannot be involved in user-to-user
dealings or control the behaviour of
participants on this Site, in the event that you
have a dispute with one or more users, you
release Agency (and our agents and employees)
from all claims, demands and damages of every
kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such
disputes.
Agency is under no legal obligation to, and
generally does not, control the Content provided
by other users which is made available through
the Site. By its very nature, other people's
information may be offensive, harmful or
inaccurate, and in some cases will be
mislabelled or deceptively labelled. Agency does
not guarantee, and makes no representations or
warranties as to the truthfulness, accuracy,
reliability, currency, veracity or completeness
of the Materials or about the results to be
obtained using the Materials. The use of the
Site and the Material is at your own risk.
Changes are periodically made to the Site and
may be made at any time.
This
Site contains materials, data, information
provided, posted or offered by third parties,
including third party provided content,
advertisements and user content. You agree that
Agency shall have no liability whatsoever for
any such third party material, data or
information. Without limiting the generality of
the foregoing, you acknowledge that:
Travel destinations.
Although most travel, including travel to
international destinations, is completed without
incident, travel to certain destinations may
involve greater risk than others. Agency urges
passengers to review travel prohibitions,
warnings, announcements and advisories issued by
the Foreign Affairs Canada & Consular Affairs
Canada 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.fac-aec.gc.ca,
www.voyage.gc.ca,
www.tc.gc.ca,
www.catsa-acsta.gc.ca,
www.cta-otc.gc.ca,
www.hc-sc.gc.ca,
and www.cbsa-asfc.gc.ca.
Visa requirements.
It is your responsibility to obtain the required
entry documents for each destination you’re
visiting before departing for your vacation.
When travelling outside of Canada it is highly
recommended that you possess a Canadian Passport
due to heightened worldwide security.
Agency shall not be responsible for any travel
decisions, for whatever reason made, made by you
after consulting the Site.
10.
Limitation of Liability
YOU
AGREE THAT AGENCY AND ANY THIRD PARTY MENTIONED
ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM
TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR
DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF
REVENUE), ARISING FROM OR IN CONNECTION WITH THE
USE OF OR ACCESS TO, OR THE INABILITY TO USE OR
ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT
PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY,
EVEN IF AGENCY, OR SUCH A THIRD PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR
LOSS. In any event, you agree that Agency's
aggregate liability for damages shall be limited
to $100.
The
limitations of liability and disclaimers in
these Terms and Conditions apply regardless of
the form of action, whether in contract,
warranty, civil liability, delict, quasi-delict,
strict liability, negligence, or other tort and
shall survive a fundamental breach or breaches,
or the failure of the essential purpose of
contract or the failure of an exclusive remedy.
11.
Indemnity
You
agree to defend, indemnify and hold harmless
each of Agency, its affiliates, and each of
their officers, directors, employees and agents,
including all third parties mentioned at the
Site, from and against any and all claims,
actions or demands, including without limitation
reasonable legal and accounting fees, alleging
or resulting from your use of the Site and the
Materials or your breach of these Terms and
Conditions.
12.
Choice of law
This
Site is controlled, operated and administered by
Agency from its offices within Canada. Agency
makes no representation or warranty that
materials at this Site are appropriate or
available for use at any locations outside
Canada. If you access this Site from outside
Canada, you are responsible for compliance with
all local law. You may not export any of the
Materials accessible through this Site in
violation of applicable export laws and
regulations. These Terms and Conditions shall be
interpreted, construed and governed by the laws
in force in the Province of Ontario, without
reference to its conflict of laws principles,
except where prohibited by mandatory provisions
of the laws applicable in your jurisdiction.
Except in respect of any matter relating to the
enforcement of intellectual property rights and
protection of confidential information, the
parties agree that any dispute arising out of or
related to these Terms and Conditions shall be
commenced and settled by arbitration in Toronto
pursuant to Section 13 below. Each party hereby
agrees to submit to the jurisdiction of the
courts of Ontario and to waive any
objections based upon venue in any such action,
suit or proceeding. The United Nations
Convention on Contracts for the International
Sale of Goods does not apply to these Terms and
Conditions.
13.
Arbitration
Any
and all disputes arising out of these Terms and
Conditions, its performance, breach,
enforcement, existence or validity, including
any failure of the parties to reach agreement
with respect to matters provided for in these
Terms and Conditions and all matters of dispute
relating to the rights and obligations of the
parties, which cannot be amicably resolved, even
if only one of the parties declares that there
is a difference, will be referred to and finally
settled by private and confidential binding
arbitration before a single arbitrator held in
the location specified in Section 12 above in
English, and governed by arbitration legislation
in force from time to time in the Province of
Ontario The arbitrator shall be a person who is
legally trained and who has experience in the
information technology field in Canada and is
independent of either party.
Notwithstanding the foregoing, each party may
pursue the protection intellectual property
rights and confidential information through
injunctive or other equitable relief through the
courts.
14.
General
(i)
Except as expressly provided in additional terms
of use for areas of the Site, a particular legal
notice, or an additional Agreement, these Terms
and Conditions constitute the entire agreement
between Agency and you with respect to the
subject matter hereof; (ii) Any cause of action
you may have with respect to your use of this
Site or which is the subject of these Terms and
Conditions must be commenced within two (2)
years after the claim or cause of action arises;
(iii) If for any reason a court of competent
jurisdiction finds any provision of these Terms
and Conditions or portion thereof to be
unenforceable, that provision shall be enforced
to the maximum extent permissible so as to
effect the intent of these Terms and Conditions,
and the remainder of these Terms and Conditions
shall continue in full force and effect; (iv)
The relationship of the parties is solely that
of independent contractors and neither party
shall have any authority to act for or bind the
other party; (v) The waiver of any breach or
default hereunder shall not constitute the
waiver of any other or subsequent breach or
default; (vi) No changes to these Terms and
Conditions shall be made except by a revised
posting on this page.
15.
Additional Terms of Use.
Certain areas of this Site may be subject to
additional terms of use. By using such areas, or
any part thereof, you agree to be bound by the
additional terms of use applicable to such
areas.
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Online Booking Terms & Conditions
Terms and
conditions applicable to our affiliate WTC
World Choice Travel
Booking Engine User Agreement
By
using our online booking engine (“Booking
Engine”) 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 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 the
Booking Engine. If the terms and
conditions of this User Agreement are not
acceptable to you, you must not use the 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 the Booking Engine (“Content”), are
the property of WCT or its licensors.
You do not,
by using the Booking Engine, acquire any
ownership or other rights to any Content or
other materials contained on or accessible
through the 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 the Booking Engine solely for your
personal and noncommercial use solely for
purposes of enabling you to purchase products or
services offered through the 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 from the 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
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 Booking
Engine to any other computer, server, Web site,
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 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 Booking Engine.
COPYRIGHT AND
TRADEMARK NOTICES
The Content
and other matters related to the 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 the
Booking Engine, except as allowed under this
User Agreement, is strictly prohibited.
The posting of Content or other materials on the
Booking Engine does not constitute a waiver of
any such rights. World Choice Travel,
WorldChoiceTravel.com and We Build Your
Brand – Not Ours are either trademarks or
service marks or registered trademarks or
service marks of World Choice Travel.
Other product and company names mentioned on the
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 the Booking Engine is not
transferable.
LIABILITY
DISCLAIMER AND LIMITS
THE
CONTENT OR OTHER MATERIALS PUBLISHED ON THE
BOOKING ENGINE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. THE CONTENT MAY BE
CHANGED OR UPDATED PERIODICALLY. WCT AND
ANY OF ITS AFFILIATES MAY, BUT SHALL NOT BE
REQUIRED TO, MAKE ANY CHANGES TO THE BOOKING
ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE
TO YOU.
NEITHER WCT NOR ANY OF ITS AFFILIATES MAKE ANY
REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY
OF THE CONTENT CONTAINED ON THE BOOKING ENGINE
FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR
OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON
OR THROUGH THE BOOKING ENGINE SHALL NOT
CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF
SUCH PRODUCTS OR SERVICES BY WCT OR ITS
AFFILIATES. ALL SUCH CONTENT IS PROVIDED
“AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF
ANY KIND WHATSOEVER. WCT AND ITS
AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL
PRODUCTS AND SERVICES AVAILABLE THROUGH THE
BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. THE
BOOKING ENGINE MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU
AGREE TO HOLD WCT AND ITS AFFILIATES HARMLESS.
THE
SUPPLIERS PROVIDING PRODUCTS AND SERVICES
THROUGH THE BOOKING ENGINE ARE INDEPENDENT
CONTRACTORS AND ARE NOT WCT’S OR ITS AFFILIATES’
AGENTS. NEITHER WCT NOR ITS AFFILIATES ARE
LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR
NEGLIGENCE 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 THE BOOKING ENGINE
(OR ANY PORTION THEREOF) MAY BE SUSPENDED
WITHOUT PRIOR NOTICE. YOU AGREE THAT
NEITHER WCT NOR ITS AFFILIATES WILL HAVE ANY
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 WCT’S OR ITS
AFFILIATES’ CONTROL, AND FURTHER THAT NEITHER
WCT NOR ITS AFFILIATES SHALL HAVE ANY
RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY
GOVERNMENT OR AUTHORITY.
IN
NO EVENT SHALL WCT OR ANY OF ITS 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 THE BOOKING ENGINE OR THE DELAY OR
INABILITY TO USE THE BOOKING ENGINE, OR FOR ANY
CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH
THE BOOKING ENGINE, OR OTHERWISE ARISING OUT OF
THE USE OF THE BOOKING ENGINE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF WCT OR ITS AFFILIATES 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 WCTS 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 SERIVCE CHARGE FOR
ACCESSING THIS 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 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 the Booking Engine, you
agree that you will not use the Booking Engine
for any purpose that is unlawful or prohibited
by 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 the Booking Engine in
accordance with the terms and conditions of this
User Agreement.
You
may only use 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
WCT
reserves the right, and you authorize WCT and
its affiliates, to use and assign all
information provided by you in any manner
consistent with WCT’s Privacy Policy. You
may view WCT’s 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 parties that are not under
WCT’s control. WCT does not independently
verify, and does 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
The
Booking Engine may contain hyperlinks to
websites operated by third parties. WCT
does 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. WCT is not
responsible for the accuracy of opinions
expressed on such websites, and such websites
are not investigated, monitored or checked for
accuracy or completeness by WCT. Inclusion
of any linked website on the Booking Engine does
not imply or constitute approval or endorsement
of the linked website by WCT. If you
decide to leave the 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. WCT is 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
– HOT RATE HOTEL RESERVATIONS ONLY
Credit cards for 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 WCT (or its affiliates) until WCT has sent
you an email with a pre-payment voucher that you
will present to the appropriate hotel at the
time of your check in.
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 WCT nor its affiliates warrant or
guarantee the accuracy of any such information.
When using this information for any financial
purpose, WCT advises you to consult a qualified
professional to verify the accuracy of the
currency rates. WCT does not authorize the
use of this information for any purpose other
than personal use and hereby prohibits, to the
maximum extent allowable the resale,
redistribution, and use of this information for
commercial purposes.
INDEMNIFICATION
You
agree to indemnify, defend and hold WCT and its
affiliates and any of WCT or its 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
the Booking Engine.
CONTRACT
INFORMATION
No
contract will exist as between you and WCT or
any of its affiliates for the sale of any
product or service unless and until WCT accepts
your reservation by email confirming your
reservation or purchase and issues 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 WCT sends 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 the
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 WCT and its
affiliates and you, and supercedes all prior or
contemporaneous agreements, representations,
warranties and understandings with respect to
the Booking Engine, the Content or any products
or services provided by or through the 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 the Booking
Engine.
WCT’s
performance of this User Agreement is subject to
existing laws and legal process, and nothing
contained in this User Agreement is in
derogation of WCT’s right to comply with law
enforcement requests or requirements relating to
your use of the Booking Engine or information
provided to or gathered by WCT 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 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.
WCT’s
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
Booking Engine.
SELLER OF TRAVEL
WorldChoiceTravel.com is registered with the
State of Florida as a Seller of Travel.
Registration No. ST34200.
©2005 WorldChoiceTravel.com. All rights
reserved.
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