LastMinuteTravel Club Terms and Conditions
1. APPLICATION FOR ENROLLMENT
You may apply for enrollment in the LastMinuteTravel Club Membership Program (the "Program") offered by Tourico Holidays, Inc., a Florida corporation ("Tourico Holidays" or “Operator”), by submitting a completed enrollment application online. Submitting your application indicates your agreement with and acceptance of these Terms and Conditions, as may be amended from time to time by Tourico Holidays in its sole discretion by posting the amendments on Tourico Holidays' membership website, http://www.lmtclub.com. All amendments to these Terms and Conditions shall automatically be effective upon the effective date specified in the posting or, if no effective date is specified, immediately after they are posted on http://www.lmtclub.com
1. MEMBERSHIP STATUS
a. Your Certification by LastMinuteTravel Club as a Member. You will become an active Member of the Program (“Member”) immediately upon (i) LastMinuteTravel Club’s certification of you as a Member of the Program (“Membership”), and (ii) LastMinuteTravel Club’s receipt and collection of your Membership Fees. LastMinuteTravel Club’s certification requirement may include, but is not limited to, receipt of a completed enrollment application from you. If your Membership is not certified, LastMinuteTravel Club will refund your Membership Fees.
b. Your Membership Term. Your Membership has a term disclosed on your enrollment application and will be effective for the term disclosed on such form from the date you are certified in LastMinuteTravel Club’s membership tracking system. LastMinuteTravel Club will notify you 30 days prior to the end of your Membership term, allowing you to renew your Membership. Notwithstanding, a failure by LastMinuteTravel Club to notify you of the expiration of your membership shall not alter its right to terminate your membership and/or request payment for membership’s renewal. If you choose not to renew your Membership you would still have access to http://www.lmtclub.com but you will not be able to book travel. In order to create any new reservations, you will be required to renew your membership based on the terms defined for all members at the time of your renewal. LastMinuteTravel Club will not renew your membership without your explicit consent for either a one-time renewal or automatic renewals. LastMinuteTravel Club reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on http://www.lmtclub.com.
c. Contact LastMinuteTravel Club With Questions About Your Membership. If you have any questions regarding your Membership, you may contact LastMinuteTravel Club by visiting http://www.lmtclub.com or calling LastMinuteTravel Club’s Call Center at the number listed
d. Additional Classifications of Membership May be Created. Additional Membership classification ranks and requirements for each Membership classification rank may be created and revised by LastMinuteTravel Club from time to time in its sole discretion.
3. MEMBERSHIP DUTIES AND OPPORTUNITIES
a. Membership Opportunities. As a Member, you may be eligible for special, exclusive travel opportunities and prices negotiated exclusively for LastMinuteTravel Club and certain travel industry and non-travel industry perks and benefits offered by LastMinuteTravel Club from time to time. LastMinuteTravel Club may determine eligibility for such opportunities and perks and benefits in its sole discretion.
As a member your paid purchases will earn Triple-Dip Loyalty points which can be redeemed for future travel through the LastMinuteTravel Club. TripleDip Loyalty points can only be used if you have sufficient points to pay for the entire purchase; Triple-Dip Loyalty points and cash payments cannot be combined to pay for a booking. Triple Dip Loyalty points, award rate, and redemption rate may be revised by LastMinuteTravel Club from time to time in its sole discretion. Use of your Triple-Dip Loyalty points will be subject to terms and conditions in place at the time of the booking. Upon Termination of your Membership, you will forfeit and waive all rights to use your accrued Triple-Dip Loyalty points unless otherwise prohibited by law. Upon the six month anniversary after expiration of your Membership, you will forfeit and waive all rights to use your accrued Triple-Dip Loyalty points unless otherwise prohibited by law.
b. Additional Purchases and Add-On Components. In addition to the Membership programs, LastMinuteTravel Club may, from time to time, offer optional items for purchase that may be added to enhance your existing Membership. The primary components of these offerings are subject to change at any time, at the sole discretion of LastMinuteTravel Club. The majority of these optional programs, products and/or services may be provided through electronic means (i.e. email, web links, etc.). As such, you agree, unless otherwise specified at the time of purchase in writing, that once any of the materials for these optional programs, products and/or services, in part or as a whole, have been provided in an electronic form or any other manner they are not refundable.
4. PAYMENT OF AMOUNTS YOU OWE TO LASTMINUTETRAVEL CLUB
a. Payment Authorization. You authorize LastMinuteTravel Club to collect payment of your Membership Fees, Renewal Fee(s) and any other charges, including, but not limited to, charges for additional and/or optional programs, products and/or services offered by LastMinuteTravel Club, by automatically charging any billing vehicle LastMinuteTravel Club has on file for you. For any amount owed by you to LastMinuteTravel Club, LastMinuteTravel Club reserves the right to (i) assess late fees and penalties for past due balances to the maximum extent allowed by law, (ii) process the balance due and all associated late fees and penalties (for past due amounts), and Collection Costs and Returned Check Fees (as such terms are defined below) on any billing vehicle that LastMinuteTravel Club has on file for you, (iii) offset the balance due plus any late fees and penalties and Collection Costs and Returned Check Fees against any type of Quick Cash Bonuses or Renewal Bonuses payable to you, (iv) hold any documents, without liability to you, that LastMinuteTravel Club may have in its possession until the balance due and all associated late fees and penalties (for past due amounts) are remitted; and (v) cancel and void all Triple Dip Loyalty points. In the event that LastMinuteTravel Club incurs any fees and costs, including, without limitation, legal fees and expenses, in connection with its collection of any amounts due from you to LastMinuteTravel Club (the "Collection Costs"), you agree to pay all Collection Costs. In the event that any check that you issue or remit to LastMinuteTravel Club is returned, you agree to pay to LastMinuteTravel Club all costs and expenses as permitted by law (the "Returned Check Fees").
b. Approvals for Membership Fees. In the event that LastMinuteTravel Club is unable to obtain an approval code for the preliminary charge for your Membership Fees, LastMinuteTravel Club reserves the right to continue to attempt to obtain an approval code by resubmitting the charge through LastMinuteTravel Club 's credit card processor.
c. Payments Not Collected. If LastMinuteTravel Club is unable to collect the full amount or any amount of a payment due and payable to LastMinuteTravel Club for your Membership, Renewal and/or any optional programs, products and/or services, LastMinuteTravel Club reserves the right to terminate or suspend your Membership and/or your optional programs, products and/or services without notification. In addition, in the event we are unable to collect all of any portion of any payment billed to your credit card, you will be charged a fee in the amount determined by applicable law. Upon receipt of the total amount due, LastMinuteTravel Club may reactivate your Membership, optional programs, products and/or services subject to receipt of late fees, which may be charged to the maximum extent required by law. LastMinuteTravel Club also reserves the right to accelerate any and all balances for payments due for Membership and/or Renewal Fees should you default on your agreed payment plan.
d. Collections of Fees by Third Party Agencies. LastMinuteTravel Club reserves the right, in its sole discretion, at any time during the Membership contract to sell or assign any payments due from you to LastMinuteTravel Club to a third party for collection. These payments include, but are not limited to, Membership Fees, Renewal Fees, optional program, product and/or service fees as well as any other fees.
5. TERMINATION, CANCELLATION OR EXPIRATION OF YOUR MEMBERSHIP
a. Termination of Your Membership. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, LastMinuteTravel Club may immediately terminate your Membership. If your Membership is terminated by LastMinuteTravel Club for any reason, you will not be entitled to any refund of payments or Membership Fees, and any and all TripleDip Loyalty points will be cancelled and void.
b. Renewal of Your Membership. Unless LastMinuteTravel Club elects not to renew your Membership, you will be reminded thirty (30) days prior to the expiration of your Membership to renew it. If you do not renew your Membership, you will receive an additional email reminder 7 days prior to the expiration of your Membership. If you do not renew your Membership by the expiration date, your Membership will expire. As a member with an expired Membership, you would still be able to access the website, but would not be able to book travel. You would be required to renew your Membership in order to make any booking. You will be required to pay the renewal fee applicable at the time of renewal. Upon the six month anniversary after expiration of your Membership, you will forfeit and waive all rights to use your accrued Triple-Dip Loyalty points unless otherwise prohibited by law.
c. Cancellation of Your Membership. Should you elect to cancel your Membership, you must send a cancellation request to Memberservices@lmtclub.com.. We will send an email to the email address under your account requesting you confirm the cancellation. This is done in order to prevent mistakes and to allow you to confirm that you indeed requested the cancellation. Once confirmed by you, your Membership will be cancelled. Membership fees and annual renewal fees are non-refundable upon cancellation. You agree that should you fail to confirm the cancellation through the email we will send to you, your Membership will remain Active and subject to these Terms and Conditions as amended from time to time.
d. Cancellation of Optional Programs, Products and/or Services. Terms and Conditions specific to any optional programs, products and/or services, are stated within the optional program, product or service offering. The terms of cancellation of these programs, products and/or services are defined at the time of purchase and may, in LastMinuteTravel Club’s sole discretion, include a cancellation period of up to 30 days from the date of purchase. Should you elect to cancel these optional programs, products and/or services, you can do so by sending a cancellation request to Memberservices@lmtclub.com. We will send an email to the email address under your account requesting you to confirm the cancellation. This is done in order to prevent mistakes and to allow you to confirm that you indeed requested the cancellation. Once confirmed by you, your membership would be cancelled. Membership fees and annual renewal fees are none-refundable upon cancellation. Your cancelation request would only be accepted within the cancellation period disclosed at the time of purchase. While LastMinuteTravel Club agrees to stop future billings at the time of your cancellation request, you agree that your Program, product or service purchase will not be canceled until we receive your confirmation through the email we send you. before we receive your confirmation, you will be obligated to fulfill the terms of your contract
e. Invalid Cancellation Requests. Faxed and/or telephone requests for cancellation will not be processed by LastMinuteTravel Club.
f. Waiver of All Rights to TripleDip Loyalty Points. Upon Termination, Cancellation, or 6 months post-Expiration of your Membership, you waive all rights to any TripleDip Loyalty Points, and the points shall be forfeited and void.
General Travel Policies
a. All prices are quoted in USD (United States Dollars).
b. ALL reservations are PENDING until ticketing is completed and a second email has been sent advising of the reservation status. Operator sends automated notification email for every completed reservation. This notification email is not confirmation of the booking even if the site indicates availability of the reservation. The Operator will send a second email containing the ticket numbers. This second email is your ticketing document and actual and final confirmation of your reservation. If you do not receive a second email with the ticket numbers within 12 hours, please contact the Operator’s flight desk immediately.
c. All airline ticket purchases are non-refundable and non-transferable. Airline ticket purchases may, under certain circumstances, be exchanged prior to departure subject to payment of processing fees. There may be an increase in fare which will be assessed at the time of the exchange. Packages and tours containing an air component will be subject to policies regarding flights.
d. All airfares may include a non-refundable online booking fee per ticket, which will appear as a separate charge from the Operator on the credit card statement. The amount of this fee may change, from time to time, at the sole discretion of LastMinuteTravel Club.
e. A non-refundable booking fee per ticket will apply for all reservations booked by telephone via our toll free number. The amount of this fee may change, from time to time, at the sole discretion of LastMinuteTravel Club.
f. Reservation requests within 4 hours or less from departure cannot be booked by telephone.
g. All reservations must be made in the EXACT name of the person traveling.
h. Operator reserves the right to reject ticketing and cancel the reservation/booking for any flight reservation due to any of the following:
1) Unable to verify credit card details;
2) Airline ticketing restrictions;
3) Restricted areas of travel;
4) Failure to complete credit card authorization when requested.
i. It is customer’s responsibility to review the final amount of the reservation and the reservation information prior to ending the booking and making a purchase. Consumer will be responsible for any charges issued by the airline due to incorrect passenger information entered by the consumer. All reservations where the credit card holder is not a passenger in the itinerary (3rd Party credit card), a $30.00 non-refundable processing fee will be assessed. This charge is per reservation and will appear as a separate charge from the Operator on your credit card statement. In addition, a signed credit card authorization form will be required for all 3rd Party credit card payments. This form will be emailed to the cardholder and must be returned via fax or email with the completed requirements prior to the reservation ticketing being completed. Operator may request a signed credit card authorization letter for any reservation booked. Failure to provide Operator with a signed credit card authorization (if requested) will result in a cancellation of the reservation.
j. Ticket Changes/Cancellations: Changes/cancellations can be made only if the airline/ticket rules permit. Penalties for changes/cancellations will apply. Operator will charge a $30.00 processing fee(s) per ticket for every change/cancellation. This processing fee will be charged in addition to the fee assessed by the airline or the ticket rules. In addition, any increase in fare will be applicable. The processing fee may appear as a separate charge from Operator on the credit card statement. All changes/cancellations must be made by phone with one of Operator’s flight desk representatives. NO requests for changes/cancellations will be accepted by email or fax. All approved changes/cancellations will be confirmed by an email confirmation notice after speaking to Operator’s flight desk representative.
k. Service Fees: All Service Fees are non-refundable and may appear as a separate charge from the Operator on your credit card statement. Change Cancellation Fee: $30.00 per ticket in addition to airline penalties/fees 3rd Party Credit Card Payment: $30.00 per reservation (credit card authorization form required).
l. Paper ticket Shipping fees:
• $20.00 Second business day delivery.
• $25.00 Express – next business day delivery.
• $50.00 International Delivery (outside the U.S.).
• Bookings made Via Telephone: $20.00 per ticket.
2. HOTELS AND OTHER TRAVEL PRODUCTS
a. Our hotel cancellation policy varies according to the individual property. Please refer to the individual cancellation policy outlined at the time of booking. Cancellation penalty fees will be assessed according to the policies outlined at the time of booking.
b. Packages and tours containing an air component will be subject to policies regarding flights.
c. ALL CANCELLATIONS, (EX)CHANGES, AND COMPLAINTS MUST BE MADE DIRECTLY TO OPERATOR IN REAL TIME USING OPERATOR’S TOLL FREE NUMBER – 1-866-242-9328. Cancellations and (ex)change requests and complaints made directly to the vendor will not be reviewed by Operator.
d. Hotel requests for specific features (non-smoking, bedding) are not guaranteed by Operator or supplier. Generally, although not guaranteed, bedding in U.S. and Canada hotels is as follows: Single consists of a room with one bed; Double consists of a room with either one large bed for two people or two single beds; and Triple/Quad consists of a room with two beds accommodating up to 3-4 people. Requests for rollaway beds and cribs may result in additional charges payable directly to the hotel.
e. All other services are subject to Operator’s and/or supplier’s current cancellation rules.
f. Star ratings are for informational purposes only and are not a guarantee or warranty of any kind by Operator.
g. All content on this website is published in good faith but Operator does not check the accuracy of all information provided by suppliers.
h. Reservations and bookings of groups (defined as more than 5 rooms regardless of whether the booking is for land only or for a package or tour) and/or conventions must be made directly with Operator’s Groups Department. Operator reserves the right, in its sole discretion, to cancel any bookings made on this site for Groups and/or charge purchasers credit card for any additional fees and costs related thereto. All Group Bookings must be paid in advance by check or cash.
3. RENTAL CARS
a. Each car day consists of a 24-hour period beginning when the car is picked up. No refund will be made for unused days or cars.
b. If the rental car is returned beyond the 24-hour period, additional charges will apply. Additional charges incurred must be paid directly to the rental car company.
c. Car rental rates may not include taxes. Liability insurance, drop-off charges, gas, collision damage waiver, personal accident insurance, personal effects protection or child safety seats, and similar charges are not included with car rental.
d. A valid driver’s license and major credit card will be required prior to renting a car. Rental car company may not accept a debit card prior to renting a car. It is the responsibility of the member to call the rental car directly to verify the acceptability of debit card.
e. Rental car company age restrictions will apply.
f. OPERATOR requires drivers to be a minimum 25 years of age and possess a valid driver’s license.
a. Most advertised air inclusive package prices are per person, double occupancy and include room, air & all applicable taxes. Hotel only prices are per room and all taxes and fees are disclosed.
b. Reservations depend on availability of travel products and are subject to confirmation upon payment. Rates do not apply to conventions, and customers using these rates in connection with attending a convention will be assessed additional surcharges and/or Operator may cancel the reservation.
c. Rates are only guaranteed after receipt by Operator of full payment. Adjustments to rates will not be made after full payment, nor shall any subsequent rate reduction be made retroactive. Rates and schedules are subject to change without notice prior to payment.
d. Air inclusive package prices include federal segment fees, airport passenger facilities charges (PFC's) of up to $24 per person and September 11th Security Fee of up to $10 per person. Mexico packages include foreign departure taxes, customs fees, immigration fees, airport improvement, agricultural and health fees of up $90 per person. All rates/fees are subject to change without notice.
e. Children’s rates may be available and will be quoted with the total package price upon request. Children’s rates apply only when sharing a room with two paying adults and/or subject to supplier’s rules. Additional charges for cribs, rollaway beds, infant car seats and similar special request items will be the responsibility of the guest and will be paid directly to the hotel or rental car agency. Generally, children 15 and under may not travel alone and must be accompanied by an adult. Hotel check-in and other travel product age restrictions may apply.
f. Rates do not include incidentals such as meals and beverages, shows, tours not specifically included in the package, tips, telephone calls, liquor, laundry or other items of a personal nature not otherwise specified in the quoted rates or which are excluded from the price. All personal charges must be paid at the time of service, prior to departure from the hotel, upon return of the rental car, or as designated by supplier.
g. A major credit card or cash deposit may be required upon check-in at the hotel and at time of car rental.
a. Reservations must be paid in full by credit card at the time of booking. Operator restricts usage of credit card by third party.
b. OPERATOR reserves the right to automatically charge the credit card or cancel reservations. Cancellation fees will apply. OPERATOR reserves the right to re-invoice in the event of errors.
c. All changes made to existing reservations are subject to change fees.
a. Requests for refunds that were not satisfactorily addressed in real time must be submitted to Operator in writing not later than 30 days after end of service. The request must include the return of all issued documentation, including but not limited to airline tickets and vouchers, from all ticketed individuals. Requests for refunds after this time period will not be reviewed.
b. No refunds or exchanges will be made for any unused package or complimentary package components. No refunds will be provided for lost, destroyed or stolen documents or tickets. No refunds will be provided for consumed travel products.
c. All refunds are subject to the above provisions governing cancellations and changes, including applicable fees, and are further subject to any such fees or other charges imposed by third party suppliers. No refunds will be awarded if Operator is charged for the service or inventory.
d. Acceptance of a refund constitutes a waiver by the customer of all rights and remedies under applicable law other than the amount of the refund.
7. Special Travel Requirements
a. The hotels, tourist facilities, airlines, and other suppliers do not necessarily have the appropriate special services and equipment to accommodate persons with disabilities or special needs. Please advise OPERATOR of any special requests at the time of booking and OPERATOR will forward the request to the appropriate supplier.
b. Fees and charges for special services may apply. Such requests are treated as requests only and cannot be guaranteed by OPERATOR.
8. International Travel
a. U.S. Citizens are required to present at flight check-in a valid U.S. passport or an original county or state-issued U.S. birth certificate or a certified copy of a county or state-issued birth certificate and a government issued photo id. Hospital certificates are not acceptable. Children under the age of 18 years old must present a valid U.S. passport or an original county or state-issued birth certificate or a certified copy of a county or state-issued birth certificate. Hospital certificates are not acceptable. A notarized letter of permission to carry the child outside U.S. borders is required from any legal parent or guardian not traveling with the child. In cases of divorce, the original custody papers verifying full custody to the traveling parent eliminates the need for a notarized letter.
b. Non-US Citizens may require specific documentation related to their citizenship including a valid passport and visas (requirements vary by country). Visas and other special documents are the responsibility of the traveler including all costs involved. We highly recommend all non-US. Citizens contact the United States State Department directly for documentation requirements required for your country of origin.
c. U.S. citizens and non-U.S. citizens are responsible for obtaining current information regarding entry requirements and security.
a. OPERATOR is an independent contractor that makes arrangements with third party suppliers for services and accommodations. OPERATOR is not an agent of the customer, or of other parties providing travel-related services. All travel documents are issued subject to the terms and conditions specified by such suppliers.
b. Neither OPERATOR nor any of its agents or employees, shall be held liable for, and by accepting these documents customer waives any claim against all such parties for, i) any loss of or damage to property or injury to any person caused by reason of any defect, negligence, or other wrongful act of omission of, or any failure of performance of any kind by any other transportation company, vendor or supplier; ii) any inconvenience, loss of enjoyment, mental distress or other similar matter; iii) any delayed departure, missed connections, substitutions of accommodations, terminations of service, or changes in fares and rates; and iv) any cancellation or double booking of reservations or tickets beyond the control of OPERATOR.
c. In no event shall OPERATOR be responsible for any amount other than the lesser of the price paid by the customer for the booking minus any fees charged to Operator.
d. OPERATOR reserves the right to accept, decline, retain or remove any person as a member of the tour or package program at any time.
e. All purchases are subject to these Terms and Conditions.
f. Operator does not endorse any particular travel product.
11. Currency Data
1. COPYRIGHT AND OWNERSHIP
All content included on this Site including but not limited to data, content, graphics, sound, artwork and computer code is the property of OPERATOR or the suppliers of OPERATOR and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of OPERATOR and protected by U.S. and international copyright laws. OPERATOR, its subsidiaries, and other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of OPERATOR or such other party that may own the marks.
2. USE OF SITE
This Site may be used by you solely for personal and noncommercial uses. You must be at least 18 years of age and able to enter into binding contracts to use this Site without the involvement of a parent or guardian. You may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on this Site. You may not (i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Operator; (ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site; (iii) take any action that imposes, or may impose, in the discretion of Operator, an unreasonable or disproportionately large load on the Operator’s infrastructure; or (iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Operator. You are responsible for maintaining the confidentiality of your passwords, login, and account information. You are financially responsible for all uses of our Site by you and anyone using your password and login information. OPERATOR reserves the right to terminate or restrict your access to all or any component of our Site, refuse service, remove or edit content, or cancel orders, at any time and without advance notice or liability. You will not use this Site for any purpose that is unlawful and/or prohibited by these terms, conditions, and notices. You will not use the Site for any speculative, false, or fraudulent reservations. Any information you send to this Site is transmitted at the sole risk of the user. The rates and terms and/or conditions of use and purchase imposed by any supplier providing product and service on this Site are subject to change by Operator at any time prior to payment. Reservations and bookings of groups (defined herein) and/or conventions must be made directly with Operator’s Groups Department. Operator reserves to the right, in its sole discretion, to cancel any bookings made on this site for Groups and/or charge purchasers credit card for any additional fees and costs related thereto.
3. LIABILITY AND WARRANTY DISCLAIMER
OPERATOR AND OPERATOR’S SUPPLIERS/SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES, AND/OR OPERATION OF THE SITE ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY RESPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPERATOR DISCLIAMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE INCLUSION OR OFFERING OF ANY PRODUCT OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE.
THE SUPPLIERS OF PRODUCTS AND SERVICES FOR OPERATOR ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF OPERATOR. OPERATOR IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT, MENTAL DISTRESS OR OTHER SIMILAR MATTER, DELAYED DEPARTURE, MISSED CONNECTION, SUBSTIUTION OF ACCOMODATIONS, TERMINATIONS OF SERVICE, OR CHANGES IN FARES AND RATES, AND/OR CANCELLATION OR DOUBLE BOOKING OF RESERVATIONS OR TICKETS RESULTING THEREFROM. ALL TRAVEL DOCUMENTS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY OPERATOR’S SUPPLIERS. IN NO EVENT SHALL OPERATOR BE RESPONSIBLE FOR ANY AMOUNT OTHER THAN THE PRICE PAID BY YOU FOR THE PRODUCT AND/OR OTHER SERVICES MINUS ANY FEES CHARGED TO THE OPERATOR.
OPERATOR, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE, RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY OPERATOR OR ITS SUPPLIERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERATOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
5. MODIFICATION OF TERMS
OPERATOR reserves the right to modify these Terms and our Site at any time. Your continued use of this Site will be subject to the Terms in effect at the time of your use.
You will defend and indemnify OPERATOR, its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms or the documents made a part of these Terms by reference, your violation of any law or the rights of a third party, or the use of the Site.
7. SUPPLIER TERMS
a. You agree to abide by the terms and/or conditions of use and purchase imposed by any supplier providing product and service through this Site.
b. These Terms, the Program and pricing are subject to change without notice.