* USER AGREEMENT
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.
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 should not use our Website or 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 our Booking Engine
or related 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.
* 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, Inc.,
World Choice Travel, We Build Your Brand - Not Ours, WorldChoiceTravel.com
and certain other trade names are either trademarks or service
marks or registered trademarks or service marks of World Choice
Travel, Inc. 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.
* 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.
sg 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. 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
The tax charge on Save Rate hotel transactions is a recovery
of all applicable transaction taxes (e.g. sales and use, occupancy,
room tax, excise tax, value added tax, etc.) that we collect from
customers and pay our vendors (such as hotels, etc.) in connection
with our customers' purchasers. We are not the vendor collecting
and remitting such tax to the applicable tax authorities. The
vendors bill us for applicable taxes and we remit such amounts
directly to our vendors. We are not a co-vendor associated with
the vendor with whom we book or reserve our customers' travel
arrangements. Taxability and the appropriate tax rate vary greatly
by location. The actual amount paid to a vendor may vary from
the tax recovery charge, depending upon the rates, taxability
or other factors in effect at the time of the actual use of a
given travel service by our customers. We do not incur the cost
of sales tax from vendors located in Alaska, Delaware, Montana,
New Hampshire and Oregon, as these states do not impose a sales
tax. Also, certain jurisdictions impose a hotel occupancy tax
or other type of transaction tax upon the renting of a hotel room,
an automobile, etc. The type of tax collected by a vendor will
vary by service and location.
* TERMS OF SERVICE - SAVE RATE HOTEL RESERVATIONS ONLY
Credit cards for Save 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 Save 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. There may still be times when a hotel refuses
to confirm a reservation. In this case we will re-accommodate
to a similar property or refund all monies charged. Loyalty program
award points cannot be guaranteed when booking a Save Rate hotel.
* 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 Save 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. 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.
