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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. |
