USER AGREEMENT

By using our website (“Website”) and the online booking engines (“Booking Engines”) contained on our Website, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Website or Booking Engine. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Website or Booking Engine.

OWNERSHIP AND OPERATION

The Booking Engines are operated by a variety of online travel service providers, affiliates and partners (licensors).  All information, including without limitation text, graphics, software and all other materials including the HTML, API, XML, CGI and any other code and script in any format used to implement our Booking Engines or related Website (“Content”), are our property or the property of our licensors. You do not, by using our Website or Booking Engines, acquire any ownership or other rights to any Content or other materials contained on or accessible through our Website or Booking Engines.

LIMITED RIGHT TO USE

Subject to the terms and conditions set forth in this User Agreement, you are hereby granted a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from the Website and Booking Engine solely for your personal and noncommercial use for the sole purpose of enabling you to purchase products or services offered through the Website or Booking Engines. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through the Website or Booking Engine. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through our Website or Booking Engine.

COPYRIGHT AND TRADEMARK NOTICES

The Content and other matters related to the Website or Booking Engines are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of the Website or Booking Engines, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on the Website or Booking Engines does not constitute a waiver of any such rights. Product and company names and certain other words, phrases and marks may be trademarks, service marks, or copyright-protected works of their respective owners. Each such owner reserves all right, title and interest in and to its copyright and trademark rights.

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. WE AND OUR AFFILIATES AND PARTNERS WILL USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE WEBSITE AND BOOKING ENGINE AVAILABLE ON A 24-HOUR/7-DAY-A-WEEK BASIS, SUBJECT TO NECESSARY SCHEDULED DOWNTIME FOR MAINTENANCE, UNSCHEDULED MAINTENANCE, AND SYSTEM OUTAGES. WE DO NOT WARRANT THAT ACCESS TO THE WEBSITE AND/OR BOOKING ENGINE WILL BE UNINTERRUPTED OR AVAILABLE AT ALL TIMES. WE AND OUR AFFILIATES AND PARTNERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DELAY, INTERRUPTION, OR DOWNTIME OF THE WEBSITE AND/OR BOOKING ENGINE. WE MAKE REASONABLE ATTEMPTS TO EXCLUDE VIRUSES FROM THE WEBSITE, BUT CANNOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AT ALL TIMES FREE FROM VIRUSES OR OTHER DESTRUCTIVE SOFTWARE. YOU ARE URGED TO TAKE APPROPRIATE SAFEGUARDS BEFORE DOWNLOADING INFORMATION FROM THE WEBSITE. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO COMPUTER EQUIPMENT OR OTHER PROPERTY THAT MAY RESULT FROM USE OF THE WEBSITE OR BOOKING ENGINE OR DOWNLOADING ANYTHING FROM THE WEBSITE. ALL SUCH CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE WEBSITE OR BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR AFFILIATES’ OR PARTNERS’ AGENTS. NEITHER WE NOR OUR AFFILIATES OR PARTNERS ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO THE WEBSITE OR BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES AND PARTNERS WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR AFFILIATES’ OR PARTNERS’ CONTROL, AND FURTHER THAT NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. NEITHER WE NOR ANY OF OUR AFFILIATES OR PARTNERS MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THE WEBSITE OR THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE OR THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES OR PARTNERS. ALL SUCH CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR AFFILIATES AND PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US AND OUR AFFILIATES AND PARTNERS HARMLESS. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR BOOKING ENGINE OR THE DELAY OR INABILITY TO USE THE WEBSITE OR BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR AFFILIATES OR PARTNERS HAVE BEEN BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of our Website and/or Booking Engine, you agree that you will not use our Website or Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and possess the legal authority to enter into this User Agreement and to use the Website and Booking Engine in accordance with the terms and conditions of this User Agreement. You may only use our Website and the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand RESPONSIBLE PARTY You are responsible for maintaining the secrecy of your member ID and password. You will be financially responsible for all use of the Website and Booking Engine by you and anyone using your member ID and password.

USE OF INFORMATION

We reserve the right, and you authorize us and our affiliates and partners, to use and assign all information provided by you in any manner consistent with our Privacy Policy.

CONTENT

Some of the Content is supplied by, third party suppliers that is 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.

PAYMENT MERCHANT OF RECORD

Payments for any service fee in any currency and for all payments for prepaid hotel reservations,  prepaid package reservations and for all other reservations made through the Website will be charged by the travel service provider. 

INDEMNIFICATION

You agree to indemnify, defend and hold us and our affiliates and partners, and any of our or our affiliates’ and partners’ officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of the Website or Booking Engine.

TERMINATION

We and our affiliates and partners, in our sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Website and the Booking Engine, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Website and Booking Engine, and destroy any copy you have made of any portion of the Website.  Accessing the Website or Booking Engine after such termination, suspension, or discontinuation shall constitute an act of trespass. Neither we nor our affiliates or partners shall not be responsible to you for such suspension or termination.

MISCELLANEOUS

This User Agreement will be governed by and interpreted in accordance with the substantive laws of the State of New York without reference to its conflicts of law principles.  The parties agree to not commence any lawsuit pertaining to any matter arising under this Agreement in any location or jurisdiction other than New York State.  The parties agree that Monroe County, New York shall be the exclusive venue.  Should member bring an action against us and not prevail, member shall pay us reasonable attorney’s fees and costs, including attorney’s fees to enforce this provision.  This section shall survive termination of this Agreement.  This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Booking Engine, the Content or any products or services provided by or through our Website or Booking Engine, and the subject matter of this User Agreement.  You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website or Booking Engine. Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use; and hereby consent to the jurisdiction of each such court in any proceeding. Use of the Website or Booking Engine is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. ELECTRONIC NOTIFICATION To the extent we or our affiliates or partners may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Website or electronic mail. TRAVEL TO CERTAIN DESTINATIONS Travel to certain destinations may involve more risk than travel to other destinations. Users of the Website and Booking Engine are urged to review current travel advisories, warnings and restrictions issued by the relevant governments before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. By offering travel to particular destinations, neither we, our affiliates and partners, nor any service providers to the Website, represent or warrant that travel to such destinations is safe, advisable, or without risk. We, our affiliates and partners, and all travel suppliers will not be liable for any damages or losses that may result from travel to such destinations. RESPONSIBLE PARTY You are responsible for maintaining the secrecy of your member ID and password. You will be financially responsible for all use of the Website and Booking Engine by you and anyone using your member ID and password. ADDITIONAL TERMS Additional terms may apply when you book products or services on the Website. For example, airlines have contracts of carriage and hotels have cancellation policies that apply to your reservations. Any additional terms imposed by the travel supplier are found in the area of the Website where you will book a product or service. You are responsible for ensuring that your bookings abide by the terms and conditions of bookings imposed by any supplier with whom you elect to deal, including terms and conditions of booking set forth in an air carrier’s fare rules or contract of carriage. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. Other terms and conditions may apply to your purchase of products or services offered on or through the Website and/or Booking Engine.