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. |
|
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
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 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. |
Terms
& Conditions