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Meridian Flights in Partnership with World Choice Travel, Inc.
Booking Engine User Agreement
By using our online booking engine ("Booking Engine") you are agreeing
to the following terms and conditions of use without modification or revision.
It is important that you understand that we may amend, revise or update the
terms and conditions of this User Agreement at any time and without prior notice
to you, and your continued use of the Booking Engine will be conditioned upon
the terms and conditions in force at the time of your use. Therefore, you should
carefully review the terms and conditions of this User Agreement each time you
use the Booking Engine. If the terms and conditions of this User Agreement are
not acceptable to you, you must not use the Booking Engine.
OWNERSHIP
The Booking Engine is owned and operated by World Choice Travel, a division
of Travelocity.com LP ("WCT"). All information, including, without
limitation, text, graphics, software and all other materials including the HTML,
XML, CGI and any other code and script in any format used to implement the Booking
Engine ("Content"), are the property of WCT or its licensors. You
do not, by using the Booking Engine, acquire any ownership or other rights to
any Content or other materials contained on or accessible through the Booking
Engine.
LIMITED RIGHT TO USE
Subject to the terms and conditions set forth in this User Agreement, we hereby
grant to you a non-exclusive, limited, non-transferable and revocable license
to view, print and download Content from the Booking Engine solely for your
personal and noncommercial use solely for purposes of enabling you to purchase
products or services offered through the Booking Engine. You agree not to republish,
distribute, assign, modify, transmit, display, reproduce, license, create derivative
works from, transfer or sell any Content or other materials obtained or obtainable
from the Booking Engine. You may not use any "robot," "spider"
or other automatic device, or a program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy any of
the Web pages, data or Content found on the Booking Engine, in any case without
the prior written permission of WCT. You agree that you will not transmit or
otherwise transfer any Web pages, data or Content found on the Booking Engine
to any other computer, server, Web site, or other medium for mass distribution
or for use in any commercial enterprise. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the proper
working of the Booking Engine. You agree that you will not take any action that
imposes a burden or load on our infrastructure that WCT deems in its sole discretion
to be unreasonable or disproportionate to the benefits WCT obtains from your
use of the Booking Engine.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to the Booking Engine are protected under
applicable laws relating to intellectual property rights, including, but not
limited to, copyright and trademark laws. The copying, redistribution, use or
publication by you of any such matters or any part of the Booking Engine, except
as allowed under this User Agreement, is strictly prohibited. The posting of
Content or other materials on the Booking Engine does not constitute a waiver
of any such rights. World Choice Travel, WorldChoiceTravel.com and We Build
Your Brand - Not Ours are either trademarks or service marks or registered trademarks
or service marks of World Choice Travel. Other product and company names mentioned
on the Booking Engine may be trademarks or service marks of their respective
owners. WCT reserves all right, title and interest in and to its copyright and
trademark rights. AAA trademarks and service marks, including AAA and the Diamond
Ratings trademarks and service marks ("AAA Marks"), are owned by the
American Automobile Association ("AAA"). As a WCT user, you may view
and search the AAA Marks but are prohibited from using the AAA Marks in any
non-WCT application without first obtaining AAA's consent.
NONTRANSFERABLE
Your right to use the Booking Engine is not transferable.
LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THE BOOKING ENGINE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT MAY BE CHANGED OR UPDATED
PERIODICALLY. WCT AND ANY OF ITS AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO,
MAKE ANY CHANGES TO THE BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE
TO YOU.
NEITHER WCT NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY ABOUT
THE SUITABILITY OF THE CONTENT CONTAINED ON THE BOOKING ENGINE FOR ANY PURPOSE
WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES
ON OR THROUGH THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION
OF SUCH PRODUCTS OR SERVICES BY WCT OR ITS AFFILIATES. ALL SUCH CONTENT IS PROVIDED
"AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND
WHATSOEVER. WCT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH
THE BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. THE BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS, FOR WHICH YOU AGREE TO HOLD WCT AND ITS AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE BOOKING ENGINE ARE
INDEPENDENT CONTRACTORS AND ARE NOT WCT'S OR ITS AFFILIATES' AGENTS. NEITHER
WCT NOR ITS AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL
INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
FROM TIME TO TIME, ACCESS TO THE BOOKING ENGINE (OR ANY PORTION THEREOF) MAY
BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT NEITHER WCT NOR ITS AFFILIATES
WILL HAVE ANY LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL
OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING,
MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE
TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND
WCT'S OR ITS AFFILIATES' CONTROL, AND FURTHER THAT NEITHER WCT NOR ITS AFFILIATES
SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,
RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WCT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, THE USE OF THE BOOKING ENGINE OR THE DELAY OR INABILITY
TO USE THE BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED
THROUGH THE BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF THE BOOKING
ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF WCT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL WCT'S TOTAL LIABILITY
FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF WCT'S PERFORMANCE HEREUNDER
AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR
OTHERWISE) EXCEED THE LESSER OF (a) THE SUBSCRIPTION FEE AND SERIVCE CHARGE
FOR ACCESSING THIS BOOKING ENGINE, OR (b) US$100.00. IN ITS SOLE DISCRETION,
IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO WCT AND WITHOUT ANY
LIABILITY WHATSOEVER, WCT AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT
YOUR ACCESS TO ANY COMPONENT OF THE BOOKING ENGINE. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Booking Engine, you agree that you will not
use the Booking Engine for any purpose that is unlawful or prohibited by this
User Agreement. You represent and warrant that you are at least 18 years old
and posses the legal authority to enter into this User Agreement and to use
the Booking Engine in accordance with the terms and conditions of this User
Agreement.
You may only use the Booking Engine to make legitimate reservations or purchases
and not for any other purposes, including without limitation, to make any speculative,
false or fraudulent reservations or any reservation in anticipation of demand.
USE OF INFORMATION
WCT reserves the right, and you authorize WCT and its affiliates, to use and
assign all information provided by you in any manner consistent with WCT's Privacy
Policy. You may view WCT's Privacy Policy by clicking HERE.
CONTENT
Some of the Content that refers to city attractions, things to do, hotel accommodations,
restaurants and other services is the property of, and is supplied by, third
parties that are not under WCT's control. WCT does not independently verify,
and does not guarantee, the accuracy of the information that we receive from
such third parties. All information, prices and availability are subject to
change without notice.
LINKS TO OTHER WEBSITES
The Booking Engine may contain hyperlinks to websites operated by third parties.
WCT does not control such websites and will not be responsible for their content
or for any breach of contract or any intentional or negligent action on the
part of such third parties, which results in any loss, damage, delay or injury
to you or your companions. WCT is not responsible for the accuracy of opinions
expressed on such websites, and such websites are not investigated, monitored
or checked for accuracy or completeness by WCT. Inclusion of any linked website
on the Booking Engine does not imply or constitute approval or endorsement of
the linked website by WCT. If you decide to leave the Booking Engine to access
these third party sites, you do so at your own risk. All rules, policies (including
privacy policies) and operating procedures of websites operated by third parties
will apply to you while on such sites. WCT is not responsible for information
provided by you to third parties.
TAX RECOVERY CHARGE
In connection with facilitating your travel arrangements, we are required to
pay to our travel suppliers, as and when billed by each supplier, an amount
equal to certain taxes, governmental fees and other charges that such supplier
must remit to the appropriate taxing authorities. We are not the vendor collecting
and remitting taxes to such taxing authorities. The vendors (our travel suppliers)
bill us an amount equal to all applicable taxes, and we pay over such amounts
directly to the vendors. In order to recover the amount of such taxes, governmental
fees and other charges, we impose a tax recovery charge.
TERMS OF SERVICE - HOT RATE HOTEL RESERVATIONS ONLY
Credit cards for Hot Rate hotel reservations will be charged the full amount
for the reservation including all taxes and applicable service fees at the time
of booking. Reservations may be changed or cancelled anytime within the appropriate
hotel's cancellations policy period at a charge indicated on the applicable
website. Upon arrival and check in at a hotel, you are responsible for the entire
length of stay. No refunds or credits will be issued for any nights reserved
but not consumed. Cancellations made after the hotel cancel policy period has
lapsed or no shows will be charged according to the hotel's cancellation policy
(although the cancellation charge usually equals one night's room rate plus
tax, you should look to the specific hotel's policies for the exact charges
that you may incur). No contract will exist between you and WCT (or its affiliates)
until WCT has sent you an email with a pre-payment voucher that you will present
to the appropriate hotel at the time of your check in.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be
used as guidelines only. Rates are not verified as accurate, and actual rates
may vary. Currency quotes are not updated every day. Check the date on the Currency
Converter for the day that currency was last updated. Neither WCT nor its affiliates
warrant or guarantee the accuracy of any such information. When using this information
for any financial purpose, WCT advises you to consult a qualified professional
to verify the accuracy of the currency rates. WCT does not authorize the use
of this information for any purpose other than personal use and hereby prohibits,
to the maximum extent allowable the resale, redistribution, and use of this
information for commercial purposes.
INDEMNIFICATION
You agree to indemnify, defend and hold WCT and its affiliates and any of WCT
or its affiliates' officers, directors, employees, agents, successors and assigns,
harmless from and against any liability, claim, loss, expense, cause of action
or demand, including, without limitation, reasonable legal and accounting fees
arising directly or indirectly in connection with any breach by you of any term,
condition, representation, warranty or covenant contained herein or otherwise
resulting from your use of the Booking Engine.
CONTRACT INFORMATION
No contract will exist as between you and WCT or any of its affiliates for
the sale of any product or service unless and until WCT accepts your reservation
by email confirming your reservation or purchase and issues you a unique confirmation
code. Acceptance will be deemed complete and will be deemed to be effectively
communicated to you for all purposes at the time that WCT sends the email to
you, whether or not you receive the email.
MISCELLANEOUS
This User Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, USA, without regard to any conflict of law principles.
You irrevocably and unconditionally agree that any legal proceeding arising
out of or relating to this User Agreement may be brought in the United States
District Court for the Southern District of Florida, West Palm Beach Division,
or, if that court lacks jurisdiction, in any court of competent jurisdiction
in Palm Beach County; and hereby consent to the jurisdiction of each such court
in any proceeding. Use of the Booking Engine is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including,
without limitation, this paragraph.
This User Agreement (and any other terms and conditions referenced herein)
constitutes the entire and only agreement between WCT and its affiliates and
you, and supercedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Booking Engine, the Content
or any products or services provided by or through the Booking Engine, and the
subject matter of this User Agreement.
You agree that no joint venture, partnership, employment or agency relationship
is created as a result of this User Agreement or use of the Booking Engine.
WCT's performance of this User Agreement is subject to existing laws and legal
process, and nothing contained in this User Agreement is in derogation of WCT's
right to comply with law enforcement requests or requirements relating to your
use of the Booking Engine or information provided to or gathered by WCT with
respect to such use.
If any part of this User Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of this
User Agreement shall continue in effect.
WCT may terminate this User Agreement and these terms and conditions and/or
the provision of any of the services at any time for any reason, including any
improper use of the Booking Engine or your failure to comply with these terms
and conditions. Such termination shall not affect any right to relief to which
WCT and its third party providers and distributors may be entitled, at law or
in equity. Upon termination of this User Agreement and these terms and conditions,
all rights granted to you will terminate and revert to WCT and its third party
providers or distributors, as applicable.
You acknowledge that a violation or attempted violation of any of this User
Agreement and these terms and conditions will cause such damage to WCT as will
be irreparable, the exact amount of which would be difficult to ascertain and
for which there will be no adequate remedy at law. Accordingly, you agree that
WCT shall be entitled as a matter of right to an injunction issued by any court
of competent jurisdiction, restraining such violation or attempted violation
of these terms and conditions by You, or Your affiliates, partners, or agents,
as well as recover from You any and all costs and expenses sustained or incurred
by WCT in obtaining such an injunction, including, without limitation, reasonable
attorney's fees. You agree that no bond or other security shall be required
in connection with such injunction.
A printed version of this User Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this User Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
WCT's failure to enforce any provision of this User Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
Fictitious names of companies, products, people, characters, and/or data mentioned
herein are not intended to represent any real individual, company, product,
or event. Any rights not expressly granted herein are reserved.
Other terms and conditions may apply to your purchase of products or services
offered on or through the Booking Engine.
SELLER OF TRAVEL
WorldChoiceTravel.com is registered with the State of Florida as a Seller of
Travel. Registration No. ST34200.
©2004 WorldChoiceTravel.com. All rights reserved.
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