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.
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