INTRODUCTION
Welcome to the Fare33.com website. The Fare33.com website, mobile or tablet applications, or any other feature on the Fare33.com platform (collectively our “Website” or “Fare33.com”) is designed to be as user-friendly, informative and secure as possible. Our Website is provided solely to assist customers in gathering travel information and purchasing travel-related goods and services. Our website is intended for personal, non-commercial use. For the purposes of this Agreement, (a) “we”, “us”, “our”, “Fare33”, and “Fare33.com” refer to Adam Travel Services Inc. d/b/a Fare33.com, (b) “you” or “your” refers to you as the user of our Website, (c) “including” or “includes” means including without limitation, and (d) “Bookings” means any goods or services (including airline tickets and hotel bookings) purchased or reserved through the Website

Our Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms” or “Agreement”). This Agreement describes the terms and conditions applicable to the services available through our Website and details your responsibilities, thereby limiting the liability of Fare33 and its third-party suppliers or providers. These include the airlines, hotels, rental car companies and other suppliers that provide Bookings or other services through our Website (such third parties are collectively referred to as the “Travel Service Providers”). Please read these Terms carefully, as they contain important information. You should also read our “Privacy Policy (as defined below), which also governs your use of our Website, and is incorporated by reference in this Agreement. By accessing or using our Website, booking any Bookings on our Website, or contacting our call center agents, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any Bookings through our Website or our call center agents.

Fare33.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended Terms on this site. We recommend that you review these periodically. The amended Terms shall be effective from and after the date that they are posted on our Website.

Our Website is intended to provide services primarily for residents of North America. This Agreement applies to any use of the Website, any use of the Services and any Bookings made from the United States. We may determine your location including through use of your IP address. If your IP address is located in the United States, these terms and conditions apply to you.

BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED BELOW.

1. WEBSITE USE'

As a condition of your use of our Website, call center agents, and other products and services provided by Fare33.com, including any content (together “Services”), you warrant that:

  • You are at least the age of majority in the jurisdiction where you reside
  • You possess the legal authority to engage in a legally binding contractual relationship
  • You will use our Website in accordance with this Agreement
  • You will only use the Services to make legitimate Bookings for you or for another person for whom you are legally authorized to act
  • You will inform such other persons about the Terms that apply to the Bookings you have made on their behalf, including all rules and restrictions applicable thereto
  • All information provided by you to the Services is true, accurate, current and complete
  • All information provided by you to the Services is true, accurate, current and complete

Fare33.com retains the right, at our sole discretion, to deny access to anyone to the Services we offer, at any time and for any reason, including for violations of this Agreement

2. CLAIMS DISPUTES AND REMEDIES

You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy as per section 25 of the present Terms and Conditions (“Claims”) by contacting Fare33.com Customer Support at 1-909-973-3911 or sending an email to: customercare@Fare33.com. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

3. JURISDICTION

These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, USA. Unless otherwise mutually agreed by the parties in writing or as described in the Mandatory Arbitration provision below, you consent to the exclusive jurisdiction of the courts located in Illinois in any action arising out of or in connection with this Terms and Conditions. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

4. ARBITRATION

Any and all Claims will be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”); except that you may assert Claims on an individual basis in a small claims court located in Cook County, Illinois if they qualify under the rules of the small claims court. This includes any Claims you assert against us, our subsidiaries or affiliates, Travel Service Providers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. Please note that Fare33.com may also undertake any Claims against you at the small claims court.There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA rules, except as provided in this section. If your total Claims are less than $10,000, we will reimburse you the filing fees that you paid to the AAA and we will pay your arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to "Fare33.com Legal: Arbitration Claim Manager,” at legal@Fare33.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS & CONDITIONS, WE 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.

All Claims you bring against Fare33.com must be resolved in accordance with this "Resolution of Disputes" section. All Claims filed or brought not in accordance to this "Resolution of Disputes" section shall be considered improperly filed and void. Should you file a Claim not in accordance with this "Resolution of Disputes" section, we may recover from you our attorneys' fees and costs up to US$1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

5. TRAVEL INFORMATION

Our Website provides extensive information related to travel to our customers, which may include information about vacation destinations, tour packages, travel providers, airfares, flight schedules, cruise details, travel insurance, or and foreign currencies.We receive this information from third-party sources such as airlines, hotels, tour operators and transportation providers. We always take reasonable care to make sure this information is accurate and up-to-date. However, we cannot guarantee the accuracy of this information or that it is the most current information available and cannot be held liable for any inaccuracies. Moreover, please understand that all the information on our Website is subject to change. Also, travel products, packages and services described on our website are subject to availability.As a traveler, you must know and understand the applicable legal requirements related to travel, including passport, visa and health requirements. the ultimate responsibility for obtaining this information and complying with any and all passport, visa, health or other requirements remains solely and exclusively with you.

Additional terms and conditions, including additional terms and conditions set out by Travel Service Providers, may apply to Bookings (“Additional Terms”).

Please read such Additional Terms carefully, including any airline conditions of carriage which may be set out on an airline’s website. You agree to abide by any applicable Additional Terms, including Additional Terms relating to payment, availability, check-in times, baggage fees, baggage restrictions, change fees, cancellation fess, and the use of fares, products, or services. For greater certainty, airline fare rules are Additional Terms.If your itinerary includes flights operated by more than one airline, please read carefully each such airline’s terms and conditions, which can be found on each airline’s website. Each airline will have its own restrictions, rules and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer may be responsible for any fees or ticket cost incurred for making changes to the unaffected flight. Such airlines may charge their own fees for changes, refunds, or if exchanges are requested. You are responsible for complying with each airline terms and conditions, which may differ (for example, check-in times and limits on baggage size/weight). It is advisable you print your outbound and return portions of your e-ticket confirmation for all flights prior to traveling. You may be asked for proof of your return ticket at check-in. Fare33.com may offer customers the opportunity to book a booking for a combination of two one—way tickets instead of a roundtrip ticket.Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer will be responsible for any fees incurred for making changes to the unaffected flight.For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.

6. INTERNATIONAL TRAVEL

If you are traveling internationally, please be advised that the provisions of the Montreal Convention and the Warsaw Convention may be applicable to your journey including portions entirely within the countries of departure or destination. The Conventions govern and in most cases limits the liability of carriers to passengers for death or personal injury.Passengers are responsible for ensuring that they meet foreign entry requirements and that their travel documents, such as but not limited to passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

  • Visa and Passport – You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
  • Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
  • Disinsection – Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft interior surfaces with a residual insecticide while passengers are not on board.

BY OFFERING BOOKINGS FOR PARTICULAR INTERNATIONAL DESTINATIONS, Fare33.com DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

7. BAGGAGE POLICY OF AIRLINES

Each airline has its own policies regarding baggage allowances, fees and restrictions. These policies differ from airline to airline and can change at any time. We try our best to display current baggage fee information on our Website, but we cannot guarantee the accuracy of this information. Ultimately, you are responsible for verifying your airline’s baggage policies and fees before your departure. Also, please be aware that baggage fees are not included in the cost of your trip.

8. CHECK-IN POLICY

Every airline will have their requirements pertaining to check-in. It is important to verify what the check-in requirements are prior to your flight.As per the flight industry standard, we recommend the following for your check-in:

  • Domestic flights: Minimum 90 minutes prior to departure
  • Trans-border and International flights: Minimum 3 hours prior to departure
9. SCHEDULE CHANGES BY AIRLINE

Changes to flight schedules (including cancellations, delays and other schedule changes) can occur for any number of reasons, including bad weather, mechanical problems, crew issues and civil unrest, and can happen at any time, including after having checked in, either in person or online. Such schedule changes (“Schedule Changes”) can also include the change to your original flight from a direct non-stop itinerary to include a stop(s) and/or connection(s) to your final destination. Please note that all Schedule Changes stem from the airlines directly.Each airline has its own policy regarding options and remedies available depending on various types of Schedule Changes, and whether affirmative action from the passenger is needed to re-confirm changes to an itinerary. You can always check your fare rules to find the policy applicable to you and your flight. In order to ensure our customers remain informed regarding the status of their flights and to protect our customers’ tickets from being invalidated, we have implemented the following guidelines. Check your fare rules and you can always call us for assistance with your particular ticket. When Schedule Changes, including cancellations, occur, we will try to alert our customers of any such changes to their itinerary in accordance with the following guidelines:

  • We will make every effort to alert you of Schedule Changes by email, using the contact information you provide during booking. All such notifications will be made as soon as reasonably practicable upon us learning of the Schedule Change from the airline.
  • If a Schedule Change results in a delay of 90 minutes or less from your originally scheduled departure time, you will be automatically re-confirmed on an alternate flight, unless the Schedule Change would result in a misconnection. At that time, we will send you notification of the Schedule Change and an updated itinerary.
  • Should the re-confirmed flight not be suitable, please call our customer service center. We will make every effort to provide you with alternative accommodation, if and as permitted by your airline’s fare rules.
  • If the revised itinerary is acceptable, you are not required to take any additional action
  • If a Schedule Change will result in a delay of greater than 90 minutes after your original departure time, or will result in a misconnection, we will send you an email notification of the Schedule Change along with a request to confirm or request modification of the flight re-accommodation offered by your airline.
  • Please note: This email will contain an airline-imposed deadline by which you must respond in order to protect the validity of your ticket. Should you fail to respond by the deadline, Fare33 will automatically confirm the re-accommodation option provided by your carrier in order to avoid cancellation of your ticket by the airline
  • Depending on the amount of time in advance in which we learn of a Schedule Change, we will attempt to send additional Schedule Change notifications and/or reminders of actions you are required to take to preserve your ticket.Although we make every effort to provide you with Schedule Change information as described above, circumstances outside our control may impede our ability to do so. Accordingly, please note the following:
  • We will not be responsible if you fail to enter the correct contact information at time of reservation. Please review for accuracy all contact information (e.g. email address, phone number) you provide to us during booking to ensure you receive updates.
  • If Schedule Changes occur after you have checked in for your flight (including online), your airline has taken control of your ticket and it is your airline’s responsibility to alert you of the change and to rebook your flight to your final destination.
  • Sometimes the airline does not provide advance notice of a Schedule Change. For this reason, it is your responsibility to reconfirm your flight directly with us or with the airline 72 hours prior to your scheduled departure, as well as 24 hours prior to your scheduled flight date to safeguard against any potential missed flights.
  • Please note that your airline is responsible for providing you with alternative flight options to transport you to your final destination. It is the airline’s fare rules, which Fare33 is obligated to follow, that govern the recourse available to you. Accordingly, any modifications after a ticket has been reissued or revalidated following a Schedule Change are not guaranteed and may be considered as a voluntary change, subject to the airline’s fare rules and other Additional Terms.If you do not find out about Schedule Changes, including cancellations, until 24 hours prior to departure or if you are already at the airport, or in-between flights, we strongly recommend you work directly with the airline staff to understand your options for alternative transportation, as they are better placed to facilitate an efficient and expeditious solution. Please note that in some cases, especially during bad weather, your options may be limited.
10. TRAVEL CREDITS PROVIDED BY AIRLINES

A “Future Travel Credit” is a credit that may be issued by an airline that can be redeemed, subject to specific terms and conditions, with that airline for future travel within a limited timeframe and usage restrictions. Any Future Travel Credits, if any, will be issued to you directly from the applicable airline and are subject to your acceptance of certain terms and conditions required by that airline. Such terms and conditions include:

  • Future Travel Credits are subject to the airlines fare rules and your ticket restrictions;
  • Future Travel Credits are non-refundable and non-transferable to another traveler. When the Future Travel Credit is redeemed, it must be used by the same person whose name appears on the original ticket;
  • Future Travel Credits are only applicable with the airline originally used to book your initial ticket
  • Depending on the airline fare rules and your ticket restrictions, Future Travel Credits may be used towards the value of a new ticket which must be of equal or higher value
  • It must be reissued and used within the time period permitted by the original rules of the airline through which the passenger booked its ticket; and additional fees, the difference in fare and routing restrictions may apply.
In addition, in the event you are using a Future Travel Credit, you may be charged the applicable additional fees set out in Section 14 (Fees for cancellations, changes and refunds) below.
11. FLIGHT OVERBOOKINGS

Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed booking. Each airline has its own rules for dealing with such scenarios, which are contained in the airline’s contract of carriage. Check with the airline or call us for details.

12. CONFIRMATIONS

All prices displayed on our Website are subject to change at any time without prior notice. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other Travel Service Providers may change their prices without notice. Once you have submitted your payment information, you should receive an email titled “Booking Notification” from us or the applicable Travel Service Provider (a “Booking Notification”). Your Booking Notification may provide you with a confirmation number before purchase has been completed and before a ticket has been issued). If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued by your air carrier. If a price increase occurs after you have made a booking that affects your travel package, we will alert you of the price increase before taking any further steps. However, no price increases will affect your travel package once your booking has been finalized. Pricing is displayed in USD and/or CAD currency. We reserve the right to cancel a Booking that has been accepted booking if full payment is not received in a timely fashion. The rate applied on the date of issuance of the ticket is only valid for a ticket fully utilized and in the sequential order of flight segments on the dates indicated. Improper use may void the ticket and result in cancellation of the entire trip. .

13. CANCELLATIONS, CHANGES AND REFUNDS

Bookings cannot be cancelled or changed, and are non-refundable, unless otherwise expressly stated as part of your Order or in these Terms. Your ability to cancel, or change or Booking., or to obtain a refund for your Booking, is subject to any airline fare rules and regulations. If you find that you must cancel a Booking for any reason, please contact us as Travel Service Providers may, on a case-by-case basis, permit changes to, the cancellation of, or refunds for, Bookings. We will assist you in this process.In the event that your Booking can be cancelled, changed or refunded in accordance with the foregoing, (a) we will charge you the fees set out in Section 14 (Fees for Cancellations, Changes and Refunds) as applicable, and (b) Travel Service Providers may charge you additional fees.If your Booking is for an airline ticket, even if your airline ticket Booking is non-refundable:

  • Your American Booking may be eligible for a full fare refund if cancelled within 24 hours Eastern Standard Time the day your Booking was completed. However, even if such cancellation is permitted, you will be charged the applicable fees, set out in Section 14 (Fees for Cancellations, Changes and Refunds)
  • In certain cases, the airline may allow you to receive a Future Travel Credit that may be valid towards a future ticket purchase by the same traveler on the same airline. Details on Future Travel Credit are set out in Section 10 (Future Travel Credits) above.

Name changes: Please be aware that once you have made a Booking, name changes are not permitted. If you find you need to change or correct the spelling of a name after you have made a Booking, you will have to cancel your original Booking, if permitted and otherwise subject to this Section 13 (Cancellations, Changes and Refunds), and then make a new Booking with a new flight at the then-current rate using the correct spelling of the name. Therefore, it is imperative and your responsibility to verify the spelling of the names of all passengers before making your Booking.Refund requests, when or if permitted, are subject to the Travel Service Provider’s rules and regulations of purchased tickets. If the refund request is approved by the Travel Service Providers, we are unable to provide a specific timeline for how long it may take for this requested refund to be processed.In the event that a refund is provided, please note that any fees associated with the Booking, or any fees that we charge you in accordance with Section 14 (Fees for Cancellations, Changes and Refunds) below, are not refundable. Please note that we are dependent on the Travel Service Providers for receiving the requested refunds. If a refund is approved by the Travel Service Provider it may take additional time for this to be credited back to you. Please note that it may take an extended period time for refunds to be processed.

14. FEES AND PENALTIES FOR CANCELLATIONS, CHANGES AND REFUNDS

Travel Service Providers may charge fees in connection with your Booking or, to the extent permitted, any cancellation, change, or refund thereto (e.g. a cancellation penalty). In addition to such Travel Service Provider fees and any fees associated with the original Booking, Fare33 will charge the following fees as applicable where cancellations, changes and refunds are permitted in accordance with these Terms. Our fees are charged on a per-passenger, per-ticket basis in the currency of the related Booking and are generally non-refundable

Table 1: Fare33 FEES FOR CANCELLATION & REFUNDS (WITHIN 24 HOURS OF THE DAY YOUR BOOKING WAS COMPLETED)

For Amount per ticket
Cancellation requested within 24 hours Eastern Standard Time the day your Booking was completed Per-passenger, per ticket fees:
Domestic: up to $50
Transborder: up to $50
International: up to $50

Table 2: Fare33 FEES FOR CANCELLATION & REFUNDS (AFTER 24 HOURS OF THE DAY YOUR BOOKING WAS COMPLETED)

For Air –Economy Air – Businesss/First
Cancellation requested after 24 hours Eastern Standard the day your Booking was completed Per-passenger, per ticket fees:
Domestic: $50
Transborder: $150
International: $250
Per-passenger, per ticket fees:
Domestic: $50 Transborder: $150
International: $250

Table 3: Fare33 FEES FOR CHANGES TO EXISTING BOOKINGS (EXCHANGE)

For Air –Economy Air – Businesss/First
All itinerary changes requested Per-passenger, per ticket fees:
Domestic: $50
Transborder: $150
International: $250
Per-passenger, per ticket fees:
Domestic: $50 Transborder: $150
International: $250

15. TRANSACTION FEES AND CONFIRMATIONS

Some banks and credit card companies charge a fee for international transactions. They will appear on your credit or bank card statement as a foreign or international transaction fee. For example, if you make a Booking through our Website from outside The United States using a American credit card, your bank may convert the payment amount to your local currency and may charge you a fee for the conversion. The amount of the charge appearing on your credit or bank card statement may be in your local currency and different than the purchase amount shown on the billing summary page for the Booking.In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside the United States.Booking international travel through our website may be considered an international transaction by the bank or credit card company since Fare33.com may pass your payment on to an international travel supplier.Your bank or credit card company determines the currency exchange rate and the amount of the foreign transaction fee on the day it processes the transaction. Please contact your bank or credit card company should you have any questions about these fees or the exchange rate applied to your transaction.Booking notification: Once your purchase is complete, you should receive an email titled “Booking Notification.” Your booking may provide you with a confirmation number before a ticket has been issued. If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued.Once your ticket has been issued, you should receive your electronic ticket.We strongly recommend that you re-confirm your flight booking with the airline 24 hours prior to departure for domestic flights, and 72 hours prior to departure for international flights.

16. SPECIAL REQUESTS:

Please note that requesting specific seats, meals, frequent flyers etc. are requests only. The airline reserves the right to make revisions to the seat allocation without notification. All requests should be confirmed with the airline and we cannot guarantee that passengers will be assigned the seats they’ve requested. Furthermore, we are unable to promise that your meal/frequent flyer/other special requests will be confirmed by the airline in question. It is your responsibility to contact the airline you’ve booked with to confirm the requests you’ve made.

17. TRAVEL PRODUCTS AND SERVICES

On our website, we offer a variety of travel products and services to our customers. However, we do not represent or warrant that any conditions that any of these travel products and services are or will be suitable and proper for you.You agree to release us from any claims related to your satisfaction with the products and services detailed on our Website, including claims that these products and services are not or were not suitable for you.

18. SPECIAL RATES

From time to time we offer “specials” on our website. This Section 18 (Specials) applies to all specials we offer on our Website. As well, all the terms and conditions spelled out above and below apply to specials we offer on our Website.Specials are only available for a limited time. Please contact us if need be to determine whether a special shown on our website is still available.Specific terms and conditions may apply to any special shown on our website. Please contact either us or the applicable Travel Service Provider l to determine what terms and conditions apply to that special, if any, and how they may affect you.Payment for any specials that you book are due within 72 hours of our confirmation, unless otherwise stated by us in writing. If you fail to pay for the specials within this 72 hour timeframe, your booking may be canceled. We accept no responsibility for any loss you incur as a result of cancellation for non-payment within 72 hours.

19. UNACCOMPANIED MINORS

Tickets will not be sold directly to unaccompanied minors age 16 and under. Each airline sets its own policies and regulations for children traveling without adult supervision. Some airlines may not allow unaccompanied minors to travel without an adult. Some airlines will only allow unaccompanied minors to travel on non-stop flights. Many airlines may require additional fees to be paid at check-in. You must call the airline to verify rules and restrictions for an unaccompanied minor traveling alone.

20. CREDIT CARD DISPUTES AND CHARGEBACKS

You have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Fare33.com prior to disputing a charge with your credit card company so we may discuss and answer any questions or concerns you may have about our charges. In all cases, Fare33.com will work with you in resolving your concerns. Fare33.com retains the right to dispute any chargeback that it believes is improper, as described more fully below. Fare33.com also retains the right to fully cancel any Booking in the event of a chargeback related to that Booking. By using our service to make a Booking with a Travel Service Provider, you accept and agree to the relevant cancellation policy of that Travel Service Provider. In all cases, the cancellation policy of each Booking is made available on our Website. Please note that certain rates or special offers are not eligible for cancellation or change. Fare33.com deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from you.

  • Chargebacks resulting from non-cancellable Bookings in the event that Fare33.com or the Travel Service Provider cannot provide a refund, whether or not the Booking is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
  • Chargebacks arising from the Travel Service Provider’s failure to deliver a product or service in a manner that’s consistent with the Travel Service Provider’s product description
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Fare33.com

For greater certainty, we may, in accordance with the Privacy Policy, use information relating to you, including recordings of customer service calls, to dispute chargeback claims from you.

21. IP AND LICENSING

Our Website, including its underlying software and its text, design, graphics, layout and content, is owned or licensed by us or by the respective owners. All material on our Website is protected by American and international intellectual property laws. As a visitor to or user of our Website, you have permission to view, use and electronically copy the pages and content of our Website through the usual and ordinary use of a web browser. Any other use of our Website and its contents, such as copying, distributing, selling, modifying, transmitting, reusing, re-posting or publishing, is not permitted and is strictly prohibited without the specific written permission of the owner(s) of such material. Any unauthorized use of our website or its contents will breach this agreement and may void your permission to use our Website. It may also violate copyright and other laws. Certain trademarks, service marks, business names, company names, logos, trade names and presentation techniques (trade dress) used on our Website are owned by us or by our licensors. In particular, we own the trademark “Fare33.com.” © "Fare33.com" is a registered trademark. All rights reserved. You do not have a right, license or permission to use any of the forgoing except as expressly set out in this Section 21 (Intellectual Property).

22. VISITOR IS PROHIBITTED FROM:

As a visitor to or user of our Website, you must use it in a responsible and cooperative manner. The content and information on our Website (including price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us, our providers, or our Travel Service Providers. While you may make copies of your travel itinerary (and related documents) or Bookings, you agree not to otherwise modify, copy, distribute, transmit display, perform, reproduce, publish, license, creative derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website. Additionally, you agree not to:

  • Make any fraudulent, speculative or false inquiries or Bookings, or make any Bookings in anticipation of demand
  • Make any fraudulent, speculative or false inquiries or Bookings, or make any Bookings in anticipation of demand
  • Violate the restrictions in any robot exclusion headers on our Website or bypass or circumvent other measure employed to prevent or limit access to our Website
  • Place or enter false, misleading or incorrect information on our Website
  • Make any form of booking, reservation or request through our Website without fully intending to use that booking, reservation or request for legitimate travel purposes
  • Use another person’s name, user ID or password to make Bookings or inquiries on our Website without that person’s prior permission
  • Use our Website while impersonating or acting as another person;
  • post on or transmit through our Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or images, or any other material that could give rise to or result in civil or criminal proceedings
  • Access or use our Website in any manner that, in our opinion, could impair, impede or otherwise negatively affect the proper functioning and performance of our Website and its systems, or that could negatively impact other visitors to or users of our Website
  • Tamper with or hinder the operation of our Website or make unauthorized modifications to our Website
  • Delete data from our Website without our permission;
  • Knowingly transmit any virus, malware or other disabling feature or software to or through our Website;
  • Breach the rights of any third party (including rights in intellectual property or contract as well as obligations of confidentiality or nondisclosure) or break any related laws in visiting or using our Website;
  • Frame this Website as part of another website, or cache our Website for commercial gain or advantage;
  • Disguise or mask the origin device and/or IP address information of the data being transmitted through our Website; or
  • Knowingly permit or allow another person to do any of the above acts.We reserve the right to restrict or terminate your access to any or all of the features and components of our Website if we believe you have violated, or are violating, any of the above prohibitions. In the event of any such restriction or termination, you must immediately cease any prohibited use of our Website. Attempting to access or use our Website in violation of any restrictions or terminations shall constitute an act of trespass. We will pursue legal action to the fullest extent possible against anyone whom we believe is in breach of the above prohibitions or is committing a trespass on our Website, and we reserve the right to do so.
23. INDEMNIFICATION

You agree to indemnify and defend Fare33.com and/ or its Travel Service Providers and any of their officers, directors, employees and agents from and against any and all losses, damages, claims, causes of action, demands, recoveries, fines, penalties, or other costs and expenses of any kind or nature including reasonable legal and accounting fees brought by a third parties as a result of:

  • Your breach of these Terms; or
  • Your violation of any law or the rights of a third party; or
  • Your use of our Website.
24. RELEASE OF CLAIMS

If you have a dispute with a Travel Service Provider, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.

25. PRIVACY

Fare33.com believes in protecting your Privacy. Click Here for our current Privacy Policy (the “Privacy Policy”) which also governs your use of our Website. It contains information about how Fare33.com collects, uses, and discloses information through the Services.

26. DISCLAIMERS

Fare33 Is supported fully by Adam Travel Services, INC. All travel tickets are issued through them as the main vendor and guarantor. Any and all issues that may arise from a transaction with Fare33 can be solved by Fare33 or Adam Travel Staff. This Website and all its content are provided for your use on an “as is” and “where available” basis and at no charge. We make, to the extent permitted by applicable law, no warranties, conditions or representations, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to our Website or any related materials, products, services, or information. Moreover, we do not warrant, represent or condition that the content of our Website is accurate, current or complete, or that it does not infringe on the rights of others. We disclaim all implied warranties and representations to the maximum extent permitted by law, including, without limitation, implied warranties that the products and services offered, sold and provided through our Website will be of merchantable quality, are fit for any purpose or comply with the descriptions and samples displayed on our Website. The air carriers and other Travel Service Providers providing travel or other services on our Website are independent contractors and not agents or employees of Fare33.com. Fare33.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Travel Service Provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Fare33.com has 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 has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. Under no circumstances, including, but not limited to, negligence, shall we (including any of our officers, employees, agents, shareholders or other representatives), and/or our Travel Service Providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site.. In no event shall we, and/or our Travel Service Providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. To the extent permitted by applicable law, any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Site shall be at your own risk. We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting Bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.). Neither will we nor will any of our officers, employees, agents, shareholders or other representatives be liable in damages or otherwise to the maximum extent permitted by law in connection with your use of or inability to use or access our Website or your purchase and use of any products and services offered, promoted or sold on or through our Website. This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect, special or consequential damages; loss of data, income or profit; loss of or damage to property; personal injury; and claims of third parties. If any warranties implied by law cannot be excluded, then our liability for breach of such warranties is limited, to the extent permitted by applicable law, at our option, to:

  • in the case of products: the replacement of the products or the supply of equivalent products; or the payment of the cost of replacing the products or acquiring equivalent products;
  • in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
27. COMMUNICATIONS

You can communicate with us through our Website. Our Website also lists other ways you can communicate with us. Please be aware that by submitting content to our Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Fare33.com, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Fare33.com may choose to provide attribution of your comments or reviews at our discretion. You further grant Fare33.com the right to pursue at law any person or entity that violates your or Fare33.com’s rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions. You are fully responsible for the content of your Submissions, (specifically including reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Fare33.com may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use. Fare33.com’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

28. INFRINGING MATERIAL

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice under the Digital Millennium Copyright Act (DMCA) including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for any alleged false claims of copyright infringement.

  • A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner behalf.Our DMCA Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows: legal@Fare33.com.We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
29. LINKING

We may link our Website to other websites on the Internet. We do this strictly for your convenience and reference as you explore different travel options online. However, the inclusion of any such links does not indicate that we endorse the website or the business to which we have linked. Further, we have not verified the content of any website to which we have linked, and we bear no responsibility whatsoever for the content of any linked website. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Should you incur any loss or damage from visiting or doing business with any linked website or business, we are not liable for that loss or damage.

30. TERMINATION

We reserve the right to immediately terminate this Agreement as well as any other agreement between you and us if you breach any of these Terms and Conditions.We further reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

31. RELATIONSHIPS

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship exists between you and us, nor is such a relationship created between you and us by these Terms and Conditions or by our Agreement with you.

32. NOTICES

PLEASE NOTE that this email address is for formal legal notification only. If you have a complaint or other feedback about Fare33’s service, please submit it to customercare@Fare33.com, where a customer service representative will promptly address your concern. Unless complaints, feedback, or requests are submitted to customercare@Fare33.com, you may experience delay in receiving a response, as your communication will need to be re-routed appropriately.

33. MEDIA RELATIONS

For all media inquiries, please send an email to the following address: media@Fare33.com.

34. GENERAL

If any of these Terms and Conditions is found by a court or other legal authority to be invalid or unenforceable, the invalid or unenforceable provisions will be stricken. The remaining terms and conditions will remain in full force and effect.The headings used in these Terms and Conditions are for reference purposes only.If we take no action in response to a violation by you or others of one or more of these Terms and Conditions, that inaction shall not constitute a waiver of the violated terms and conditions and shall not impair our right to take action in response to subsequent or similar violations.In this Agreement, the term “website” includes any email bulletins or other content that we provide to you through our Website or otherwise initiated from our Website.

35. Partner Terms & Conditions

We have tried to make these terms of use (the Terms) as easy to understand as possible by using plain English. To make it easier for you to follow, we have occasionally used definitions. When a definition is first used, you will be able to see it clearly in bold text. If we use it again in these Terms, it will appear with capital letters (unless it is a reference to we, us or our or you or your). In the Terms, the following words have the following meanings:

Affiliate means any of our marketing affiliates, including those through whose site you may have made the Booking;

Customer Support Agent means (i) our or one of our Group Member’s customer support providers; or (ii) our Affiliates’ customer support providers (including any persons acting on their behalf); or (iii) any persons acting as customer support providers on behalf of us or our Group Members;

Booking means your making of a Hotel Reservation;

Group Member means an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with us, including Travelscape LLC (a Nevada limited liability company) and Vacationspot, SL (a Spanish registered company);

Hotel Reservations means the accommodation reservations, including those which are part of a package, made available by us and our Group Members from time to time; and

we, us, our means EAN.com L.P, a Delaware limited partnership;

you, your means the individual or corporate end customer browsing our Information or making Hotel Reservations.

The Terms tell you the terms on which you may:

  • access the information about Hotel Reservations (our Information) we and our Group Members provide to our Affiliates and Customer Support Agents about the Hotel Reservations; and
  • complete a Booking.

Please read these Terms carefully before you start to browse our Information and/or make a Booking. We recommend that you print a copy of these Terms for future reference.

By browsing our Information and/or making a Booking, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Information, contact our Customer Support Agents or make any Bookings.

OTHER APPLICABLE TERMS

These Terms also refer to additional rules and restrictions, including cancellation policies of suppliers of Hotel Reservations (Rules) which may apply to your Booking. These Rules will be made available to you prior to completion of the Booking and any Booking is made subject to the Rules as set out on the booking page. Please read these Rules carefully. If you are making a Booking on behalf of any other persons, you are responsible for bringing these Rules to the attention of such persons and advising them they will be bound by the same.

We retain the right, at our sole discretion, to deny access to our Information and Hotel Reservations at any time and for any reason, including, but not limited to, for breach of these Terms.

CHANGES TO THESE TERMS

We may revise these Terms at any time by amending this page and will publish the updated version online from time to time.

Please check this web page each time you make a Booking to take notice of any changes we have made, as they are binding on you in relation to all matters except any Bookings made prior to the date of the last set of changes (see top right). The Terms that applied at the time you made the Booking will continue to apply to such Booking.  

PURPOSE OF OUR INFORMATION

Our Information is provided solely to assist you in gathering travel information, determining the availability of Hotel Reservations, making legitimate Bookings or otherwise communicating with our Customer Support Agents.

Unless we agree otherwise in writing, you may not use our Information for any other purpose.

CONDITIONS OF MAKING A BOOKING

As a condition of making a Booking, you warrant that:

  • you are at least 18 years of age;
  • you have the authority to create a binding legal agreement with us and the relevant Hotel Reservation supplier(s);
  • you will only make Bookings for you or for other persons for whom you have authority to make such Bookings (Other Persons);
  • you will advise such Other Persons about these Terms (as updated by us from time to time) and any other applicable terms that apply to a Booking;
  • all information supplied by you (including any information supplied on behalf of Other Persons) in respect of a Booking is accurate, complete and up to date; and
  • you will comply with our Acceptable Use Policy set out below.
  • use our Information for any commercial purpose;
  • make any speculative, false, or fraudulent Bookings or any Booking in anticipation of demand;
  • access, monitor or copy any of our Information using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on our Information or bypass or circumvent other measures employed to prevent or limit access to our Information;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of our Information (including, without limitation, the purchase path for any Travel Products) for any purpose without our express written permission; or
  • "frame", "mirror" or otherwise incorporate any part of our Information into any other website without our prior written authorization.

ACCEPTABLE USE POLICY

When accessing our Information you agree not to:

  • use our Information for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or Information using any robot, spider, scraper or other automated means or any manual process for any purpose without the express written permission of us and any supplier that owns such content or information;
  • bypass or circumvent measures employed to prevent or limit access to our Information;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • "frame," "mirror" or otherwise incorporate any part of our Information into any other website or application.

If your booking or account shows signs of fraud, abuse or suspicious activity, we or our suppliers may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we and our suppliers reserve the right to take any necessary legal action and you may be liable for monetary losses to us and our suppliers, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact us.

THIRD PARTY LINKS

Our Information may contain links to other sites and resources provided by third parties. Such links are provided for your information only and do not imply any endorsement of the material contained within such sites or resources.

We have no control over the contents of those sites or resources. In particular, we are not responsible for the privacy or other practices of such sites.

PAYMENT FOR YOUR BOOKING

Upon submitting your Hotel Reservation request, you authorize us or one of our Group Members to facilitate Hotel Reservations on your behalf.

When you make payment for a Booking depends on whether you prepay for your Hotel Reservation (Prepaid Booking) or not, which will be notified to you prior to completion of your Booking.  

Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between Booking and your actual use of the Hotel Reservation.

Coupons may be available but will always be subject to their own specific terms and conditions. If you wish to use a coupon, it can only be applied to Prepaid Bookings.

Prepaid Bookings (“Pay Now”)

Prepaid Bookings are paid for by you at the time of making the Booking. You authorise us to make the Booking for the total reservation price, which includes the Hotel Reservation rate, displayed by our Affiliate, plus any additional tax recovery charges, taxes, service fees, any applicable taxes on our services and any additional booking fee separately charged by our Affiliate.

If prepayment for your Booking is required or you choose to pay at the time of Booking, the total price will be charged to your credit card by: (1) Travelscape, LLC taking such payment on behalf of one of our Group Members and/or on behalf of the provider of the Hotel Reservation, (2) the travel service provider directly, or (3) an affiliate doing business on behalf of us or our Group Member.

Pay Later

If prepayment for your Booking is not required, you can choose to pay at the time you use the Hotel Reservation.

If you select this “pay later” option, the applicable Hotel Reservation supplier will take payment for the Hotel Reservation in the local currency at the time you use the Hotel Reservation.

Additional Information

Some bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on our Information. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

Some accommodation suppliers may require you and/or the Other Persons to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay.  Such deposit is unrelated to any payment received by us for your Booking. 

CANCELLATION OR MAKING CHANGES TO YOUR BOOKING

The Rules will set out the applicable cancellation period during which you can cancel or make changes to your Booking (the Cancellation Period). In limited cases, some Bookings cannot be changed or cancelled after they are made and this will be indicated in the specific hotel’s cancellation policy.

If permitted, you may cancel or change your prepaid Booking during the Cancellation Period but you will be charged the applicable cancellation or change fee as set out in the specific hotel’s cancellation policy.

If you are allowed to cancel or make changes to your Booking but do not do so before the end of the Cancellation Period, you will be liable to pay a cancellation charge equal to applicable nightly Hotel Reservation rate(s), taxes or tax recovery charges (as applicable), service fees and any additional booking fee separately charged by our Affiliate (the Cancellation Penalty) whether or not you use the Hotel Reservation or not.

If you do not show for the first night of your Booking but plan to check-in for subsequent nights, you must confirm with our Affiliate no later than the date of the first night of your reservation. Failure to do so may result in your Booking being cancelled and you being charged the Cancellation Penalty.

GROUP BOOKINGS

Please note that we cannot guarantee reservations for more than 8 rooms with any accommodation supplier for the same accommodation stay dates (Group Booking). If you make a Group Booking online, we may cancel such Group Booking and charge you any cancellation fee set out in the Rules. If you paid a non-refundable deposit in respect of your Group Booking, your deposit will be forfeited.

FRAUDULENT BOOKINGS

If any Booking (including any associated payment cards) shows signs or is connected to any suspected fraud, abuse or suspicious activity, we or our Affiliate may cancel any Booking associated with your name or email address.  In addition, we may verify (i.e. preauthorize) any credit card used for payment of a Booking.  If you or the holder of any credit card used for payment of a Booking have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you and/or the card holder may be liable for our and our Group Member’s losses, including litigation costs and damages.  To contest the cancellation of a Booking, please contact our Affiliate.

PACKAGES

If your Hotel Reservation has been provided to you in conjunction with another travel product (e.g. a flight) (a Package or a Linked Travel Arrangement), then the Affiliate who has provided this Package, or the first travel component of the Linked Travel Arrangement, to you, will be responsible for any changes or liabilities regarding that Package or Linked Travel Arrangement.

TAXES

You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The accommodation suppliers invoice us for certain charges, including, where appropriate, tax amounts. The accommodation suppliers are responsible for remitting the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on Prepaid Bookings represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the accommodation supplier for taxes due on the rental of the room. Taxability and the appropriate tax rate vary depending on the location. The actual tax amounts paid by us to the accommodation suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Hotel Reservation.

You acknowledge that we provide you services to facilitate the booking of Hotel Reservations for a consideration. We retain our service fees as compensation for servicing your Booking. Our service fees vary based on the amount and type of Hotel Reservation. Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your actual use of the Hotel Reservation.

You acknowledge that authorities in certain countries may impose additional sales, use and/or local hotel occupancy taxes (e.g., a tourist tax), which have to be paid locally. You are solely responsible for paying such additional taxes.

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet any applicable 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.  

By offering Hotel Reservations in particular international destinations, we do not represent or warrant that travel to such areas is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations. We recommend you check your country’s foreign travel guidance for further details.  

DISCLAIMER

We and our Group Members will make reasonable efforts to update our Information to ensure its accuracy. However, our Information is provided by the suppliers of our Hotel Reservations. As such:

  • our Information may be changed, enhanced, amended or deleted at any time, any non-availability or change may occur at any time without notice and without liability to us or our Group Members;
  • we disclaim all liability for any errors or other inaccuracies relating to our Information, (including, without limitation, the pricing of Hotel Reservations, photographs of hotels, lists of hotel amenities and general hotel descriptions);
  • we make no guarantees about the availability of specific Hotel Reservations; 
  • we make no representations about the suitability of our Information for any purpose;
  • hotel ratings displayed in our Information are intended as general guidelines only and we and our Group Members cannot guarantee the accuracy of such ratings; 
  • the inclusion or offering of any Hotel Reservation does not constitute any endorsement or recommendation of such Hotel Reservation by us or our Group Members;
  • disclaim all warranties and conditions that our Information, and services or any email sent from us, or our Group Members are free of viruses or other harmful components and all our Information; and
  • services are provided “as is” without warranty of any kind.

We expressly reserve the right to correct any pricing errors and/or Bookings made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your Booking at the amended price or you may cancel your Booking without penalty.

OUR LIABILITY TO YOU

The hotels and other suppliers providing Hotel Reservations to us are independent contractors and not agents or employees of us, or our Group Members.

We and our Group Members are not liable for:

  • the acts, errors, omissions, representations, warranties, breaches or negligence of any Affiliate or  the suppliers of the Hotel Reservations; or
  • for any personal injury, death, property damage, or other damages or expenses resulting there from. 

We and our Group Members have no liability and will make no refund in the event of any:

  • delay;
  • cancellation;
  • overbooking;
  • strike;
  • force majeure; or
  • other causes beyond our direct control;  

and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. 

To the fullest extent permitted by applicable law, in no event shall we or our Group Members be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with:

  • your access to our Information; or
  • the delay or inability to access our Information (including, but not limited to, any computer viruses, information, software, linked sites, and Bookings);

whether based on negligence, contract, tort, strict liability, consumer protection law, or otherwise, and even if we or our Group Members have been advised of the possibility of such damages.

If, despite the limitation above, we or our Group Members are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of us, or our Group Members will in no event exceed, in the aggregate, the greater of:

  • the Booking fee you paid to us, our Group Member or Affiliate in connection with the relevant Booking; or
  • One Hundred Dollars (US$100.00) or the equivalent in local currency.

We do not exclude or limit in any way our liability for anything which cannot be excluded by applicable law.

The limitation of liability reflects the allocation of risk between you and us.

The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

The limitations of liability provided in these Terms inure to the benefit of us and our Group Members.

INDEMNIFICATION

You agree to defend and indemnify us, our Group Members and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms;
  • your violation of any law or the rights of a third party; or
  • your use of our Information.

INTELLECTUAL PROPERTY RIGHTS

Our Information (including, but not limited to, price and availability of Hotel Reservations) is owned by us or our suppliers and providers.

Whilst we agree that you can use our Information to make limited copies of your travel itinerary and any other information relevant to your Booking, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services relating to and/or including the Hotel Reservations and our Information.

COPYRIGHT AND TRADEMARK NOTICES

All contents of our Information are ©2018 Expedia, Inc.  All rights reserved. Expedia, Expedia Affiliate Network, EAN, Travelnow, Hotels.com, the Expedia Affiliate Network logo, the Travelnow logo and the Hotels.com logo are either registered trademarks or trademarks of Expedia, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.  We are not responsible for content on websites operated by third parties.   

OpenStreetMap geo data used in mapping is (c) OpenStreetMap contributors and available under the Open Database License (ODbL) 

If you are aware of an infringement of our brand, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.

APPLICABLE LAW

Our Information is made available by a U.S. entity and these Terms are governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out of these Terms or relating to the use of our Information. Use of our Information is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

DISPUTES

We and our Group Members are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Information, Bookings, any dealings with our Customer Support Agents, any Hotel Reservations, or any representations made by us (Claims) by contacting us through the customer service details provided to you at the time of booking. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of these Terms required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would. 

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Expedia Legal: Arbitration Claim Manager,” at Expedia, Inc., 1111 Expedia Group Way West, Seattle, WA 98119. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

GENERAL

You agree that no joint venture, partnership, or employment relationship exists between you and us or our Group Members as a result of these Terms or your access to our Information.

You acknowledge that Travelscape, LLC or VacationSpot, SL (or any other Group Member as we designate) shall be treated by any tax authority in any pertinent jurisdiction as the supplier of the Hotel Reservation for Prepaid Bookings and Packages for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC.

Our performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms limit our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Information or information provided to or gathered by us with respect to such use.

We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

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 our Information 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.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provisions in the future.

These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and us with respect to our Information and any Bookings and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Information and/or Booking. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned in our Information are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

OUR DETAILS

Travelscape LLC is a registered seller of travel in each of the states listed below:

  • California registration number: 2083930-50
  • Florida registration number: ST36407
  • Iowa registration number: 677
  • Nevada registration number: 20020759
  • Washington registration number: 602-617-174

Registration as a seller of travel in California does not constitute the state's approval.

New York State Tax Registration:

Travelscape’s (d/b/a Expedia Travel) New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960.