Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”).
Welcome to our website, which is owned and operated by Maya Retreats LLC (“Maya Retreats” or “we”). This Agreement describes the terms and conditions applicable to the services available through this website along with Our company’s mobile and tablet applications (“Site”). This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. These terms and conditions of use may be changed by Our company in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new or modified terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Our company for products, services or otherwise.
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are intellectual property and copyrighted works of Our company and service providers. In addition, all website materials, including, without limitation, the Our company logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2013 Our company Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Our company or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of Our company or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Our company, the Our company logo and the products and services described in this Site, including without limitation “OUR COMPANY,” “TOP 20” and “OUR COMPANY’S MOST LOVED PROPERTYS,” are either trademarks or registered trademarks of Our company and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Our company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Our company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Our company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Our company grants you a limited, personal, nontransferable, non-sublicensable, revocable license to make personal use only of the Site in accordance with this Agreement. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Our company or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any Our company trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our company’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Our company name, trademark or product name without Our company’s express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of Our company, and Our company shall not be responsible for any data lost while transmitting information on the Internet. In spite of Our company’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Our company, access to the Site may be interrupted, suspended or terminated from time to time.
You also acknowledge that while Our company strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and thus we cannot guarantee its absolute security. To the extent permitted by law, Our company makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Our company assumes no liability for disclosure of personal information due to, among other things, errors in transmission, security breaches or unauthorized third parties.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Our company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Our company logo or other proprietary graphic or trademark of Our company to link to this Site without the express written permission of Our company. This limited right may be revoked at any time.
Our company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Our company and Our company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Our company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Our company of the site or any information contained therein. When leaving the Our company site, you should be aware that Our company’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Persons under the age of 18 are not eligible to register for, purchase, cancel or modify any services available on this Site. By using this Site, you warrant that you possess the legal authority to create a binding legal obligation.
In using this Site, you agree:
- not to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
- not to use this Site or its Content for any commercial purpose;
- not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
- not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
- not to use or attempt to use another’s account, service or system without authorization from Our company, or create or use a false identity on this Site;
- not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
- not to use or access the Site in any way that, in Our company’s reasonable judgment, adversely affects the performance or function of the Site; and
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site, electronic mail, text message or by telephone.
Customer Ratings and Reviews
Supplier Terms and Conditions
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
Copyright Policy and Copyright Agent
It is Our company’s policy to respect the copyright and intellectual property rights of others.
If you believe that Our company or any user of our site has infringed your copyright in any material way, please notify Our company’s Copyright Agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
- An identification of the copyrighted work claimed to have been infringed.
- An identification of the material that you claim is infringing so that we may locate it on the site.
- Your address, telephone number and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Our company’s Copyright Agent is Rachel Barnett, who can be reached by mail at 590 Madison Avenue, 37th Floor, New York, NY 10022.
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify Our company immediately of any unauthorized use of your account. You are responsible for maintaining the secrecy of your login and password. Our company is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Property Booking Service
- Scope of service.By making a reservation or booking through Our company’s property booking service, you enter into a direct (legally binding) contractual relationship with the property at which you book. From the point at which you make your reservation, Our company acts solely as an intermediary between you and the property, transmitting the details of your reservation to the relevant property and sending you a confirmation email for and on behalf of the property. We may charge a fee for the service we provide when you book or reserve travel services or accommodations through Our company’s property booking service. The information disclosed on this Site regarding each property is based on the information provided to Our company by the property. While Our company has exercised due care in attempting to check the information provided by the propertys, Our company cannot guarantee that all information is accurate, complete and correct, nor can Our company or its affiliates be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or otherwise), inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to property photographs, property property descriptions, and lists of property property amenities) or non-delivery of information. Each property remains responsible at all times for the accuracy, completeness and correctness of the information shown (including the rates, availability and taxes) displayed on our Site.
- Prior to booking your reservation, a total estimated price (including estimated taxes and fees) will be displayed. When you complete your booking, you authorize Our company to book reservations on your behalf for the total estimated price. All charges are shown in United States dollars, unless otherwise stated. The room rate displayed on the Site is a combination of the room rate provided to Our company by the property for the room you reserve and a fee retained by Our company to compensate us for our services. Prices, rates and inventory are subject to change based on availability from the property and may change at any time prior to receipt of your booking confirmation. The “taxes and fees” amount displayed includes an estimate of transaction taxes (e.g. sales and use, occupancy, excise and value added tax), government fees and other charges that the property must remit to the government for your property reservation. The type of tax charged by the property may change at any time and will vary by service and location. The property suppliers are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions. The property reserves the right to charge you additional taxes, service fees, resort fees or property charges (including, but not limited to, resort fees, parking charges, minibar charges, room service charges, housekeeping fees, phone call charges, movie rentals, etc.). These charges, if applicable, will be payable by you to the property at checkout. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site and the booking of your property room. Please contact the property directly as to whether any additional taxes, service fees or charges apply. In the event a service is listed at an incorrect price or with incorrect information, Our company and/or the property retain the right to refuse or cancel your reservation whether or not the order has been confirmed. If available, we will offer you the opportunity to keep your pending reservation at the correct price or will cancel your reservation without penalty. Our company and/or the property are under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
- FREE extras.We have negotiated with propertys to offer special benefits called Free extras with certain bookings based on rates and availability. Please note that Free extras are not available for all rates and bookings or other property deals displayed on the Site and therefore it is important that you read the booking details carefully so you understand what your booking entails and whether you are entitled to receive a Free extra. If a Free extra, or any portion thereof, cannot be provided by the property for any reason whatsoever, the property and/or Our company reserve the right to substitute the perk with another perk or no perk at all if one is not available at the time of your stay. Free extras are not guaranteed. Unless otherwise noted, all extras are per room, per stay and can only be used once at the time of your scheduled booking and can no longer be used after checkout. The estimated dollar value of the extras is based on information provided to us by the property and may vary depending on availability and market conditions. Extras have no cash value and cannot be redeemed for cash or a cash value. No refund or credit will be issued for any unused extra (or portion of an extra). A complimentary breakfast Free extra is based on the total number of travelers entered at the time of the booking and the property may, at its option, limit this amount to a maximum of two guests per room per stay. Breakfast may be available only in select property restaurants and a property may decide that an extra is not valid for in-room dining. Room upgrades and early check-in/late check-out are based on availability and cannot be guaranteed. Any recipient of a Free extra that involves alcoholic beverages must be of the appropriate legal age in accordance with applicable law. Other restrictions may apply. Offer is subject to change or cancellation at any time without notice.
- Credit Card.Propertys require credit card or debit card details in order to guarantee your reservation. As such, Our company will send your credit or debit card information directly to the property at which your booking is made and Our company may verify (i.e. pre-authorize) your credit card as well. Upon check-in, guests may be required by the property to present a valid ID and/or credit card or, in the property’s discretion, debit card, in their name that is consistent with the transactional details provided to Our company. For certain rates or special offers, please note that your credit card may be pre-authorized or charged by the property (sometimes without any option for refund) upon reservation and confirmation of the booking. In such circumstances, you agree that your credit card or debit card may be charged for the total estimated reservation price. Please check the room details and the booking terms thoroughly for any such conditions prior to making your reservation.
- Changes or Cancellations.By making a reservation with a property, you accept and agree to the relevant cancellation and no-show policy of that property, and to any additional (delivery) terms and conditions of the property that may apply to your reservation during your stay, including for services rendered and/or products offered by the property. The terms and conditions of a property can be obtained with the relevant property. The general cancellation and no-show policy of each property is made available on our Site on the property information pages, during the reservation process and in the booking confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Property cancellation policies vary. If you fail to check in to your property on the day of your reservation and do not alert the property, the remaining portion of your reservation may be canceled, you may be subject to property-imposed penalties and you may not be entitled to a refund, depending on the terms and conditions of the applicable property. Please check room rate details and booking terms thoroughly for any such conditions prior to making your reservations. If you would like to review, change or cancel your reservation, please review the confirmation email and follow the instructions therein or call our Customer Service. Please note that you may be charged for your cancellation in accordance with the property’s cancellation and no-show policy.
- Disability Needs.If you have disability needs (for example only, you need a wheelchair accessible room), you must call the property and verify that your disability need can be met. If your disability needs cannot be accommodated by the property, please call Our company’s Customer Service.
- Special Requests.Depending on the property and the reservation you book, you may or may not be able to select your room type and number and type of beds. Room assignments are based on property availability and are at the property’s sole discretion. Our company cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or non-smoking rooms, a specific room, particular bedding, floor location, proximity to an elevator, connecting rooms, or pet accommodations), you must call the property and verify that special requests can be met after you have made your booking. Since Our company has no control over which room a property will assign you, Our company may not be able to accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. In addition, frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Our company’s property services.
- By completing a booking, you agree to receive email communications which we may send you (or your guest) shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including any Our company promotions, offers or deals) relevant to your reservation and destination. We may also send you an email promptly after your stay inviting you to complete our customer review form.
Best Rate Guarantee Terms
If you find a lower rate published online within 24 hours of your booking through Our company and comply with all of the following terms and conditions, we will match the rate or refund the difference to you. The Best Rate Guarantee applies to the room rate only and does not include any charges for taxes, service fees or any other charges a property may charge (e.g., resort charges, parking). You can submit a claim by contacting Customer Service within the 24-hour deadline.
Following submission of a claim, Our company Customer Service will contact you shortly thereafter via e-mail or phone. If we are unable to replicate the lower rate, we may request additional information and documentation (such as a screen shot of the lower, published online rate) from you in order to verify the lower online rate. Please keep a copy of all such documentation. The lower rate must be available for booking and visible on the other website at the time you contact us, as determined by our Customer Service team. Once we have received a complete and accurate claim form and Customer Service has verified your claim, we will notify you by email and match the rate or refund you the difference after you have completed your stay.
In order to be eligible for our Best Rate Guarantee the following conditions must be met:
- You have made a property reservation or booking through Our company’s property booking service and have received a booking confirmation. Your booking confirmation is required as proof of purchase. Voucher deals and purchases made on other websites based on deals featured on Our company do not qualify for the Best Rate Guarantee;
- You contacted us within 24 hours of making a booking, either by calling our Customer Service team during business hours or submitting the online Best Rate Guarantee form. (Claims received after this deadline will not be honored); and
- You have submitted all required documents and demonstrated that the other lower rate is (i) bookable online, available to the general public, and is still available online when our Customer Service representatives check to verify the claim; and (ii) subject to the exact same itinerary and conditions as your Our company booking (including among other things, the same property, same room and bed type with a similar view and room size, the same number of rooms and guests, same check-in and check-out dates, and the cancellation policy is the same or less restrictive than the policy associated with your Our company booking).
The Best Rate Guarantee applies to rates available on the World Wide Web and does not include rates available through other reservation channels. The Best Rate Guarantee is not available for reservations on websites or applications where the name or location of the property or other reservation details is unknown until after you purchase or where you name your own price. The Best Rate Guarantee applies only to rates both advertised online and available to the general public. For example, the Best Rate Guarantee will not apply to negotiated rates (e.g., corporate discount rates, group rates, meeting rates or convention rates), special discounted rates to organizations or members (e.g., AARP, AAA, employee, seniors, military, government, travel agents) or other rates not available to the general public. The Best Rate Guarantee also does not apply to property rooms purchased through or in combination with a membership program, frequent stay, loyalty, points or other “reward” type programs or rooms purchased through coupon promotions, travel vouchers, promotion codes or won through contests or sweepstakes. The lower rate cannot be in any way connected to a packaged deal (such as rates that include a combination of a room and airfare or car rental) or involve the use of a coupon or other promotion not offered or advertised to the general public. The lower rate may not come from a website where you call to get the rate or from an email that you received. Our company may deny claims where the difference between the rates is less than one percent of the room rate. Additional restrictions may apply.
Our company reserves the right to determine in its sole discretion whether a claim qualifies for the Best Rate Guarantee. Our company is the final authority on interpretation of these rules and all requests are subject to verification by our Customer Service. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or any other type of error or is made fraudulently or in bad faith. We may also deny claims where we determine that the difference between the rates is due to exchange rate fluctuations. Our company will not be liable for the payment of any claims under the Best Rate Guarantee with respect to rates loaded in error by Our company or the property or from any printing, typographical, administrative or technological errors relating to rates backed by the Best Rate Guarantee.
Our company has the right to deny any claims that cannot be independently verified at the time it processes the claim, or for which incomplete information has been provided. A Best Rate Guarantee reward will only be provided if the individual making the valid claim stays in the reserved property room. Only one refund per qualifying purchase will be allowed. Our company reserves the right in its sole discretion to modify, terminate or discontinue the Best Rate Guarantee or to restrict its availability to any person, at any time, for any or no reason whatsoever, and without prior notice to you. Void where prohibited by law.
You agree to indemnify and hold harmless Our company and the Covered Parties (defined below) from and against any claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees, expert fees and accounting fees) made or incurred or brought by any third party arising out of or relating to (i) your conduct, (ii) your use of this Site, (iii) your breach of this Agreement or the documents referenced herein, or (iv) your violation of any law or the rights of a third party.
You agree that any materials, including but not limited to questions, comments, ratings or reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Our company, or postings on the Site or Our company’s social sites (such as its Facebook and Twitter accounts) (collectively, “Submissions”), are nonconfidential and shall become the sole property of Our company. Our company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Our company, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. You agree that Our company may use and display publicly on its website and elsewhere the name, city, hometown and state that you submit in connection with your Submissions. You further agree that you will be solely responsible for the content of any Submissions you make and that you shall be solely liable for any harm resulting from your Submission.
The information and opinions expressed in Submissions on this Site are not necessarily those of Our company or its content providers, advertisers, sponsors, affiliated or related entities, and Our company makes no representations or warranties regarding any Submission. Our company does not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions or determine whether the Submissions violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY OUR COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT OUR COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OUR COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. OUR COMPANY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PROPERTY OR OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, OUR COMPANY EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
OUR COMPANY DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. OUR COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY OUR COMPANY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES OUR COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR COMPANY OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
OUR COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF OUR COMPANY, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
OUR COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON OUR COMPANY SUCH AS (BUT NOT LIMITED TO) AIRFARE, PROPERTYS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO OUR COMPANY AND OUR COMPANY HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
OUR COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL OUR COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING OUR COMPANY CONTENT OR RELATED SERVICES (COLLECTIVELY THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THORUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE PROPERTYS AND SERVICE PROVIDERS ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF A PROPERTY OR SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE TRANSACTION FEES ASSESSED BY OUR COMPANY FOR YOUR TRANSACTION ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Our company shall not be liable for damages or losses that may result from travel to such destinations. Our company urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration 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.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, OUR COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Arbitration and Applicable Law
To the extent permitted by law, this Agreement and the provision of our services shall be governed by and construed in accordance with New York law. By using this Site, you agree that any and all disputes, claims or controversies that you may have against Our company or any of the Covered Parties (defined above) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by Our company or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association (“AAA”). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in New York, New York or at such other location as may be mutually agreed upon by Our company and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply New York law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Our company will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. You understand and agree that, by accepting these terms and conditions, you and Our company (and any Covered Party) are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against Our company must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, Our company will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from Our company, Our company may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
Notwithstanding any of these terms and conditions, Our company reserves the right, without notice and in its sole discretion, for any reason whatsoever to terminate your license to use this Site, and to block or prevent future access to and use of this Site. Our company shall not be liable to you or any third-party for any termination of your access to this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.