Terms and Conditions
By using our website (“Website”) and the online
booking engine (“Booking Engine”) contained on
our Website, 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 Website
or 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 our Website or Booking Engine. If the terms and
conditions of this User Agreement are not acceptable to you,
you must not use our Website or Booking Engine.
OWNERSHIP
The Website and Booking Engine are owned and operated by
World Choice Travel, a division of Travelocity.com LP. 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
our Booking Engine or Website (“Content”), are
our property or the property of our licensors. You do not,
by using our Website or Booking Engine, acquire any ownership
or other rights to any Content or other materials contained
on or accessible through our Website or 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 our Website and Booking Engine solely
for your personal and noncommercial use solely for purposes
of enabling you to purchase products or services offered through
our Website or 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 on or through
our Website or 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 Website or 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 Website or Booking
Engine to any other computer, server, Website, 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 Website or 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 Website or Booking Engine.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to our Website or 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 our Website or Booking
Engine, except as allowed under this User Agreement, is strictly
prohibited. The posting of Content on our Website or Booking
Engine does not constitute a waiver of any such rights. World
Choice Travel, We Build Your Brand - Not Ours, World Choice
Travel and certain other trade names are either trademarks
or service marks or registered trademarks or service marks
of World Choice Travel, Other product and company names contained
on the Website or 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 our Website or Booking Engine is not transferable.
LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE
AND/OR IN THE BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED
PERIODICALLY. WE, AND ANY OF OUR AFFILIATES MAY, BUT SHALL
NOT BE REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE OR BOOKING
ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION
OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED
ON OUR WEBSITE OR THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER,
AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR
SERVICES ON OR THROUGH OUR WEBSITE OR THE BOOKING ENGINE SHALL
NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS
OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH CONTENT IS PROVIDED
“AS IS,” “AS AVAILABLE,” WITHOUT ANY
WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR AFFILIATES HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH
CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR
WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
OUR WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD
US AND OUR AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR
WEBSITE OR BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND
ARE NOT OUR OR OUR AFFILIATES’ AGENTS. NEITHER WE NOR
OUR AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER
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 OUR WEBSITE OR BOOKING ENGINE
(OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE.
YOU AGREE THAT WE AND OUR AFFILIATES WILL HAVE NO 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 OUR OR OUR
AFFILIATES’ CONTROL, AND FURTHER THAT NEITHER WE NOR
OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL
EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT
OR AUTHORITY.
IN NO EVENT SHALL WE OR ANY OF OUR 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 OUR WEBSITE OR BOOKING ENGINE OR THE DELAY OR INABILITY
TO USE OUR WEBSITE OR BOOKING ENGINE, OR FOR ANY CONTENT OR
PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE OR BOOKING
ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE
OR BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR 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 SERVICE
CHARGE FOR ACCESSING THIS WEBSITE OR 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 WEBSITE OR
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 our Website and/or Booking
Engine, you agree that you will not use our Website or Booking
Engine for any purpose that is unlawful or prohibited by,
or inconsistent with, 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
our Website and Booking Engine in accordance with the terms
and conditions of this User Agreement.
You may only use our Website and 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
We reserve the right, and you authorize us and our affiliates,
to use and assign all information provided by you in any manner
consistent with our Privacy Policy. You may view our 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 party suppliers
that are not under our control. We do not independently verify,
and do 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
Our Website and Booking Engine may contain hyperlinks to
websites operated by third parties. We do 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.
We are not responsible for the accuracy of opinions express
in such websites, and such websites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked website on our Website or Booking Engine does
not imply or constitute approval or endorsement of the linked
website by us. If you decide to leave our Website or 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. We are 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 us (or our affiliates) with respect to Hot
Rate hotel reservations until we have 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 we, nor
our affiliates, warrant or guarantee the accuracy of any such
information. When using this information for any financial
purpose, we advise you to consult a qualified professional
to verify the accuracy of the currency rates. We do not authorize
the use of this information for any purpose other than personal
use and hereby prohibit, to the maximum extent allowable the
resale, redistribution, and use of this information for commercial
purposes.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our affiliates,
and any of our or our 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 our Website or Booking Engine.
CONTRACT INFORMATION
No contract will exist as between you and us (or any of our
affiliates) for the sale of any product or service other than
Hot Rate hotel reservations unless and until we accept your
reservation by email confirming your reservation or purchase
and issue 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 we send 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 our Website or 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
us and you, and supercedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect
to our Website, the Booking Engine, the Content or any products
or services provided by or through our Website or 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 our Website or Booking Engine.
Our performance of this User Agreement is subject to existing
laws and legal process, and nothing contained in this User
Agreement is in derogation of our right to comply with law
enforcement requests or requirements relating to your use
of this Website or information provided to or gathered by
us 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
Website or 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.
Our 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 Website and/or
Booking Engine.
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