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.
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