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World Choice Travel, Inc.
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. 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 should not use the Booking
Engine.
OWNERSHIP
The Booking Engine is owned and operated by World Choice Travel, Inc., a Delaware
corporation ("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.
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, Inc., 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, Inc. 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.
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. 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 express in 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
The tax charge on Hot 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 WCT collects from customers and pays to
vendors (such as hotels, etc.) in connection with your travel arrangements.
WCT is not the vendor collecting and remitting such tax to the applicable tax
authorities. The vendors bill WCT for applicable taxes and WCT remits such amounts
directly to the vendors. WCT is not a co-vendor associated with the vendor with
whom WCT books or reserves travel arrangements.
Taxability and the appropriate
tax rate vary greatly by location. The actual amount of tax paid to vendors 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 a
customer.
WCT
does 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 - 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.
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. ST-31090.
©2003
WorldChoiceTravel.com. All rights reserved. |
