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Terms & Conditions
- USER AGREEMENT
By using our website ("Website") and
the online booking engine ("Booking
Engine") contained on our Website, you
are agreeing to the following terms and
conditions of use without modification or
revision. It is important that you understand
that we may amend, revise or update the terms
and conditions of this User Agreement at any
time and without prior notice to you.
Therefore, you should carefully review the
terms and conditions of this User Agreement
each time you use our Website or Booking
Engine. If the terms and conditions of this
User Agreement are not acceptable to you, you
should not use our Website or Booking Engine.
- OWNERSHIP
The Booking Engine is owned and operated by
World Choice Travel, Inc., a Delaware
corporation. All information, including
without limitation text, graphics, software
and all other materials including the HTML,
XML, CGI and any other code and script in any
format used to implement our Booking Engine or
related Website ("Content"), are our
property or the property of our licensors. You
do not, by using our Website or Booking
Engine, acquire any ownership or other rights
to any Content or other materials contained on
or accessible through our Website or Booking
Engine.
- LIMITED RIGHT TO USE
Subject to the terms and conditions set forth
in this User Agreement, we hereby grant to you
a non-exclusive, limited, non-transferable and
revocable license to view, print and download
Content from our Website and Booking Engine
solely for your personal and noncommercial use
solely for purposes of enabling you to
purchase products or services offered through
our Website or Booking Engine. You agree not
to republish, distribute, assign, modify,
transmit, display, reproduce, license, create
derivative works from, transfer or sell any
Content or other materials obtained or
obtainable on or through our Website or
Booking Engine.
- COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to our
Website or Booking Engine are protected under
applicable laws relating to intellectual
property rights, including but not limited to
copyright and trademark laws. The copying,
redistribution, use or publication by you of
any such matters or any part of our Website or
Booking Engine, except as allowed under this
User Agreement, is strictly prohibited. The
posting of Content on our Website or Booking
Engine does not constitute a waiver of any
such rights. World Choice Travel, Inc., World
Choice Travel, We Build Your Brand - Not Ours,
WorldChoiceTravel.com and certain other trade
names are either trademarks or service marks
or registered trademarks or service marks of
World Choice Travel, Inc. Other product and
company names contained on the Website or
Booking Engine may be trademarks or service
marks of their respective owners. WCT reserves
all right, title and interest in and to its
copyright and trademark rights.
- NONTRANSFERABLE
Your right to use our Website or Booking
Engine is not transferable.
- LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON
THIS WEBSITE AND/OR IN THE BOOKING ENGINE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
THE CONTENT OR OTHER MATERIALS MAY BE CHANGED
OR UPDATED PERIODICALLY. WE, AND ANY OF OUR
AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO,
MAKE ANY CHANGES TO OUR WEBSITE OR BOOKING
ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN
NOTICE TO YOU.
NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY
REPRESENTATION OR WARRANTY ABOUT THE
SUITABILITY OF THE CONTENT CONTAINED ON OUR
WEBSITE OR THE BOOKING ENGINE FOR ANY PURPOSE
WHATSOEVER, AND THE INCLUSION OR OFFERING FOR
SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH
OUR WEBSITE OR THE BOOKING ENGINE SHALL NOT
CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION
OF SUCH PRODUCTS OR SERVICES BY US OR OUR
AFFILIATES. ALL SUCH CONTENT IS PROVIDED
"AS IS," "AS AVAILABLE,"
WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER.
WE AND OUR AFFILIATES HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO SUCH
CONTENT AND ALL PRODUCTS AND SERVICES
AVAILABLE THROUGH OUR WEBSITE OR BOOKING
ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. OUR
WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS,
FOR WHICH YOU AGREE TO HOLD US AND OUR
AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES
THROUGH OUR WEBSITE OR BOOKING ENGINE ARE
INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR
AFFILIATES' AGENTS. NEITHER WE NOR OUR
AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS,
OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH
SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH,
PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM. FROM TIME TO TIME, ACCESS
TO OUR WEBSITE OR BOOKING ENGINE (OR ANY
PORTION THEREOF) MAY BE SUSPENDED WITHOUT
PRIOR NOTICE. YOU AGREE THAT WE AND OUR
AFFILIATES WILL HAVE NO LIABILITY AND WILL NOT
BE OBLIGATED TO MAKE ANY REFUND AND SHALL
OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF
ANY DELAY, CANCELLATION, OVERBOOKING,
MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS
OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS,
PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY
OTHER CAUSE BEYOND OUR OR OUR AFFILIATES'
CONTROL, AND FURTHER THAT NEITHER WE NOR OUR
AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR
ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,
RE-ROUTING OR ACTS OF ANY GOVERNMENT OR
AUTHORITY.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH,
THE USE OF OUR WEBSITE OR BOOKING ENGINE OR
THE DELAY OR INABILITY TO USE OUR WEBSITE OR
BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS
OR SERVICES OBTAINED THROUGH OUR WEBSITE OR
BOOKING ENGINE, OR OTHERWISE ARISING OUT OF
THE USE OF OUR WEBSITE OR BOOKING ENGINE,
WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR
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 our Website
and/or Booking Engine, you agree that you will
not use our Website or Booking Engine for any
purpose that is unlawful or prohibited by, or
inconsistent with, this User Agreement. You
represent and warrant that you are at least 18
years old and posses the legal authority to
enter into this User Agreement and to use our
Website and Booking Engine in accordance with
the terms and conditions of this User
Agreement. You may only use our Website and
the Booking Engine to make legitimate
reservations or purchases and not for any
other purposes, including without limitation,
to make any speculative, false or fraudulent
reservations or any reservation in
anticipation of demand.
- USE OF INFORMATION
We reserve the right, and you authorize us and
our affiliates, to use and assign all
information provided by you in any manner
consistent with our Privacy Policy. You may
view our 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
party suppliers that are not under our
control. We do not independently verify, and
do not guarantee, the accuracy of the
information that we receive from such third
parties. All information, prices and
availability are subject to change without
notice.
- LINKS TO OTHER WEBSITES
Our Website and Booking Engine may contain
hyperlinks to websites operated by third
parties. We do not control such websites and
will not be responsible for their content or
for any breach of contract or any intentional
or negligent action on the part of such third
parties, which results in any loss, damage,
delay or injury to you or your companions. We
are not responsible for the accuracy of
opinions express in such websites, and such
websites are not investigated, monitored or
checked for accuracy or completeness by us.
Inclusion of any linked website on our Website
or Booking Engine does not imply or constitute
approval or endorsement of the linked website
by us. If you decide to leave our Website or
Booking Engine to access these third party
sites, you do so at your own risk. All rules,
policies (including privacy policies) and
operating procedures of websites operated by
third parties will apply to you while on such
sites. We are not responsible for information
provided by you to third parties.
- 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
we collect from customers and pay our vendors
(such as hotels, etc.) in connection with our
customers' purchasers. We are not the vendor
collecting and remitting such tax to the
applicable tax authorities. The vendors bill
us for applicable taxes and we remit such
amounts directly to our vendors. We are not a
co-vendor associated with the vendor with whom
we book or reserve our customers' travel
arrangements. Taxability and the appropriate
tax rate vary greatly by location. The actual
amount paid to a vendor 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 our customers. We do 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
us (or our affiliates) with respect to Hot
Rate hotel reservations until we have sent you
an email with a pre-payment voucher that you
will present to the appropriate hotel at the
time of your check in. There may still be
times when a hotel refuses to confirm a
reservation. In this case we will
re-accommodate to a similar property or refund
all monies charged.
- CURRENCY CONVERTER
Currency rates are based on various publicly
available sources and should be used as
guidelines only. Rates are not verified as
accurate, and actual rates may vary. Currency
quotes are not updated every day. Check the
date on the Currency Converter for the day
that currency was last updated. Neither we,
nor our affiliates, warrant or guarantee the
accuracy of any such information. When using
this information for any financial purpose, we
advise you to consult a qualified professional
to verify the accuracy of the currency rates.
We do not authorize the use of this
information for any purpose other than
personal use and hereby prohibit, to the
maximum extent allowable the resale,
redistribution, and use of this information
for commercial purposes.
- INDEMNIFICATION
You agree to indemnify, defend and hold us and
our affiliates, and any of our or our
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 our Website or
Booking Engine.
- CONTRACT INFORMATION
No contract will exist as between you and us
(or any of our affiliates) for the sale of any
product or service other than Hot Rate hotel
reservations unless and until we accept your
reservation by email confirming your
reservation or purchase and issue 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 we send 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
our Website or Booking Engine is unauthorized
in any jurisdiction that does not give effect
to all provisions of these terms and
conditions, including, without limitation,
this paragraph.
This User Agreement (and any other terms and
conditions referenced herein) constitutes the
entire and only agreement between us and you,
and supercedes all prior or contemporaneous
agreements, representations, warranties and
understandings with respect to our Website,
the Booking Engine, the Content or any
products or services provided by or through
our Website or Booking Engine, and the subject
matter of this User Agreement. You agree that
no joint venture, partnership, employment or
agency relationship is created as a result of
this User Agreement or use of our Website or
Booking Engine. Our performance of this User
Agreement is subject to existing laws and
legal process, and nothing contained in this
User Agreement is in derogation of our right
to comply with law enforcement requests or
requirements relating to your use of this
Website or information provided to or gathered
by us with respect to such use. If any part of
this User Agreement is determined to be
invalid or unenforceable pursuant to
applicable law including, but not limited to,
the warranty disclaimers and liability
limitations set forth above, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
that most closely matches the intent of the
original provision and the remainder of this
User Agreement shall continue in effect. A
printed version of this User Agreement and of
any notice given in electronic form shall be
admissible in judicial or administrative
proceedings based upon or relating to this
User Agreement to the same extent and subject
to the same conditions as other business
documents and records originally generated and
maintained in printed form. Our failure to
enforce any provision of this User Agreement
shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
Fictitious names of companies, products,
people, characters, and/or data mentioned
herein are not intended to represent any real
individual, company, product, or event. Any
rights not expressly granted herein are
reserved. Other terms and conditions may apply
to your purchase of products or services
offered on or through the Website and/or
Booking Engine.
- SELLER OF TRAVEL
WorldChoiceTravel.com is registered with the
State of Florida as a Seller of Travel.
Registration No. ST-31090. ©2003 World Choice
Travel, Inc. All rights reserved.
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