- USER AGREEMENT
By using our website ("Website") and the online booking engine ("Booking Engine") contained on our Website, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Website or Booking Engine. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Website or Booking Engine.
- OWNERSHIP AND OPERATION
The Booking Engine is operated by Orbitz Worldwide, LLC and/or one or more of its affiliates (“Orbitz”). . All information, including without limitation text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement our Booking Engine or related Website ("Content"), are our property or the property of our licensors. You do not, by using our Website or Booking Engine, acquire any ownership or other rights to any Content or other materials contained on or accessible through our Website or Booking Engine.
- LIMITED RIGHT TO USE
Subject to the terms and conditions set forth in this User Agreement, you are hereby granted a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from the Website and Booking Engine solely for your personal and noncommercial use for the sole purpose of enabling you to purchase products or services offered through the Website or Booking Engine. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through the Website or Booking Engine.. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through our Website or Booking Engine.
- COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to the Website or Booking Engine are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of the Website or Booking Engine, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on the Website or Booking Engine does not constitute a waiver of any such rights. . Product and company names and certain other words, phrases and marks may be trademarks, service marks, or copyright-protected works of their respective owners. Each such owner reserves all right, title and interest in and to its copyright and trademark rights.. World Choice Travel, Inc., World Choice Travel, We Build Your Brand - Not Ours, WorldChoiceTravel.com and certain other trade names are either trademarks or service marks or registered trademarks or service marks of World Choice Travel, Inc. Other product and company names contained on the Website or Booking Engine may be trademarks or service marks of their respective owners. WCT reserves all right, title and interest in and to its copyright and trademark rights.
Your right to use our Website or Booking Engine is not transferable.
- LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE AND/OR IN THE BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. WE, AND ANY OF OUR AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE OR BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
WE AND OUR AFFILIATES AND PARTNERS WILL USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE WEBSITE AND BOOKING ENGINE AVAILABLE ON A 24-HOUR/7-DAY-A-WEEK BASIS, SUBJECT TO NECESSARY SCHEDULED DOWNTIME FOR MAINTENANCE, UNSCHEDULED MAINTENANCE, AND SYSTEM OUTAGES. WE DO NOT WARRANT THAT ACCESS TO THE WEBSITE AND/OR BOOKING ENGINE WILL BE UNINTERRUPTED OR AVAILABLE AT ALL TIMES. WE AND OUR AFFILIATES AND PARTNERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DELAY, INTERRUPTION, OR DOWNTIME OF THE WEBSITE AND/OR BOOKING ENGINE.
WE MAKE REASONABLE ATTEMPTS TO EXCLUDE VIRUSES FROM THE WEBSITE, BUT CANNOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AT ALL TIMES FREE FROM VIRUSES OR OTHER DESTRUCTIVE SOFTWARE. YOU ARE URGED TO TAKE APPROPRIATE SAFEGUARDS BEFORE DOWNLOADING INFORMATION FROM THE WEBSITE. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO COMPUTER EQUIPMENT OR OTHER PROPERTY THAT MAY RESULT FROM USE OF THE WEBSITE OR BOOKING ENGINE OR DOWNLOADING ANYTHING FROM THE WEBSITE.. ALL SUCH CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. OUR WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US AND OUR AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE WEBSITE OR BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR AFFILIATES’ OR PARTNERS’ AGENTS. NEITHER WE NOR OUR AFFILIATES OR PARTNERS ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO THE WEBSITE OR BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES AND PARTNERS WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR AFFILIATES’ OR PARTNERS’ CONTROL, AND FURTHER THAT NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.. NEITHER WE NOR ANY OF OUR AFFILIATES OR PARTNERS MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THE WEBSITE OR THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE OR THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES OR PARTNERS. ALL SUCH CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR AFFILIATES AND PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US AND OUR AFFILIATES AND PARTNERS HARMLESS.. FROM TIME TO TIME, ACCESS TO OUR WEBSITE OR BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR AFFILIATES' CONTROL, AND FURTHER THAT NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR PARTNERS 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 WEBSITE OR BOOKING ENGINE OR THE DELAY OR INABILITY TO USE THE WEBSITE OR BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR AFFILIATES OR PARTNERS HAVE BEEN . BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Website and/or Booking Engine, you agree that you will not use our Website or Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and possess the legal authority to enter into this User Agreement and to use the Website and Booking Engine in accordance with the terms and conditions of this User Agreement..
You may only use our Website and the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand
You are responsible for maintaining the secrecy of your member ID and password. You will be financially responsible for all use of the Website and Booking Engine by you and anyone using your member ID and password..
- USE OF INFORMATION
Some of the Content that refers to city attractions, things to do, hotel accommodations, restaurants and other services is the property of, and is supplied by, third party suppliers that are not under our control. We do not independently verify, and do not guarantee, the accuracy of the information that we receive from such third parties. All information, prices and availability are subject to change without notice.. We strive to provide you with all your requested product and service requirements. In the unlikely event when a third party supplier is not able to honor your reservation, we will endeavor to offer you an alternative of comparable price and standard, but may have to cancel your booking. Should this occur, we will attempt to contact you via email or phone and either inform you of the cancellation of your booking or request your authorization to proceed with a new booking. If we cancel your booking or if you reject an alternative booking, we will refund the total monies you paid to us for your original booking.
We reserve the right to cancel your booking if we have made a mistake with respect to the price of your booking. We will ensure that we notify you of such mistakes as soon as reasonably possible once we have become aware of any mistake, provided that your use of the products and/or services you booked has not yet started.
. We also reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances, we will attempt to contact you using the contact information provided when making your booking or your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever..
- LINKS TO OTHER WEBSITES
Our Website and Booking Engine may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or Booking Engine does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website or Booking Engine to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
- PAYMENT MERCHANT OF RECORD
The tax charge on Save Rate hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we collect from customers and pay our vendors (such as hotels, etc.) in connection with our customers' purchasers.
We are not the vendor collecting and remitting such tax to the applicable tax authorities. The vendors bill us for applicable taxes and we remit such amounts directly to our vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customers' travel arrangements.
Orbitz, LLC may impose a service fee when you book products and services on the Website. Payments made through the Website charged in Canadian dollars (CAD) for any such service fee or for prepaid hotel reservations will be charged by Terren Corporation (a subsidiary of Orbitz Worldwide, LLC), located at 77 King St. West, T-D Centre, Suite 400, Toronto, Ontario M5K 0A1 CANADA; payments for any such service fee in any other currency and for all other payments for prepaid hotel reservations made through the Website will be charged by Orbitz, LLC. Payments for prepaid package reservations made through the Website will be charged by Orbitz, LLC, or the travel service provider. Payments for all other reservations made through the Website will be charged by the travel service provider. . .
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- TERMS OF SERVICE - PREPAID HOTEL RESERVATIONS ONLY
Credit cards for prepaid 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, and 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, so you should be sure to review the hotel’s policies for the exact charges that you may incur. . There may be times when a hotel refuses to confirm a reservation. In this case we will re-accommodate to a similar property or refund all monies charged. Loyalty program award points cannot be guaranteed when booking a prepaid hotel. . No refunds or credits will be issued for any nights reserved but not consumed. Cancellations made after the hotel cancel policy period has lapsed or no shows will be charged according to the hotel's cancellation policy (although the cancellation charge usually equals one night's room rate plus tax, you should look to the specific hotel's policies for the exact charges that you may incur). No contract will exist between you and us (or our affiliates) with respect to Save Rate hotel reservations until we have sent you an email with a pre-payment voucher that you will present to the appropriate hotel at the time of your check in. There may still be times when a hotel refuses to confirm a reservation. In this case we will re-accommodate to a similar property or refund all monies charged. Loyalty program award points cannot be guaranteed when booking a Save Rate hotel.
- CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. Neither we, nor our affiliates, warrant or guarantee the accuracy of any such information. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than personal use and hereby prohibit, to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
You agree to indemnify, defend and hold us and our affiliates and partners, and any of our or our affiliates’ and partners’ 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 Website or Booking Engine..
We and our affiliates and partners, in our sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Website and the Booking Engine, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Website and Booking Engine, and destroy any copy you have made of any portion of the Website.. Accessing the Website or Booking Engine after such termination, suspension, or discontinuation shall constitute an act of trespass. Neither we nor our affiliates or partners shall not be responsible to you for such suspension or termination..
This User Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, 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 Northern District of Illinois located in Chicago, Illinois, or, if that court lacks jurisdiction, in any court of competent jurisdiction in Cook County, Illinois; and hereby consent to the jurisdiction of each such court in any proceeding. . This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between us and you, and supercedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Booking Engine, the Content or any products or services provided by or through our Website or Booking Engine, and the subject matter of this User Agreement.You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website or Booking Engine. Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use,; and hereby consent to the jurisdiction of each such court in any proceeding. Use of the Website or Booking Engine is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph..
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
To the extent we or our affiliates or partners may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Website or electronic mail..
TRAVEL TO CERTAIN DESTINATIONS
Travel to certain destinations may involve more risk than travel to other destinations. Users of the Website and Booking Engine are urged to review current travel advisories, warnings and restrictions issued by the relevant governments before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. By offering travel to particular destinations, neither we, our affiliates and partners, nor any service providers to the Website, represent or warrant that travel to such destinations is safe, advisable, or without risk. We, our affiliates and partners, and all travel suppliers will not be liable for any damages or losses that may result from travel to such destinations..
You are responsible for maintaining the secrecy of your member ID and password. You will be financially responsible for all use of the Website and Booking Engine by you and anyone using your member ID and password..
Additional terms may apply when you book products or services on the Website. For example, airlines have contracts of carriage and hotels have cancellation policies that apply to your reservations. Any additional terms imposed by the travel supplier are found in the area of the Website where you will book a product or service.
You are responsible for ensuring that your bookings abide by the terms and conditions of bookings imposed by any supplier with whom you elect to deal, including terms and conditions of booking set forth in an air carrier’s fare rules or contract of carriage
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved. Other terms and conditions may apply to your purchase of products or services offered on or through the Website and/or Booking Engine.
- SELLER OF TRAVEL
Orbitz is registered to sell travel in the following states:
California: CST 2063530-50 (Registration as a seller of travel does not constitute approval by the state of California. California law requires certain sellers of travel to have a trust account or bond. Orbitz has a bond issued by Zurich North America in the amount of $50,000. Orbitz is not a participant in the Travel Consumer Restitution Fund (TCRF).)
Nevada: 2003-0387 (State of Nevada Recovery Fund for Consumers Damaged by Sellers of Travel – You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in the State of Nevada for the booking of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Nevada Consumer Affairs Division of the Department of Business and Industry at the following locations: Southern Nevada - 1850 East Sahara Avenue, Suite 101, Las Vegas, Nevada 89104, Phone: 702-486-7355, Fax: 702-486-7371, E-mail: email@example.com; Northern Nevada - 4600 Kietzke Lane, Building B, Suite 113, Reno, Nevada 89502, Phone: 775-688-1800, Fax: 775-688-1803, E-mail: firstname.lastname@example.org)
©2014 Orbitz Worldwide, LLC. All rights reserved.