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LastMinuteTravel.com Terms and Conditions
I. REGULATIONS FOR USE OF SITE
- THE TRAVEL INVENTORY AND RELATED SERVICES AVAILABLE ON THE SITE ARE PROVIDED BY INDEPENDENT CONTRACTORS ("SUPPLIERS") THAT ARE NOT AGENTS OR EMPLOYEES OF OPERATOR. UNLESS PROHIBITED BY LAW, ORDINANCE, OR REGULATION, THE OPERATOR DOES NOT ASSUME LIABILITY FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT, MENTAL DISTRESS OR OTHER SIMILAR MATTER, DELAYED DEPARTURE, MISSED CONNECTION, SUBSTIUTION OF SERVICE OR ACCOMODATIONS, TERMINATIONS OF SERVICE, OR CHANGES IN FARES AND RATES, AND/OR CANCELLATION OR DOUBLE BOOKING OF RESERVATIONS BY THE SUPPLIER.
- ALL TRAVEL DOCUMENTS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY SUPPLIERS.
- All content on the Site is subject to amendment without notice. All content is published in good faith but Operator does not check the accuracy of all information provided by Suppliers. Operator corrects errors and omissions upon learning of the same. Operator reserves the right to cancel a reservation, without liability or penalty to you, if an error or omission leads to a material and unreasonable outcome (i.e. a five star hotel sold for $2).
- You must confirm the Supplier's ability to meet special needs requests such as wheelchair accessible rooms directly with the Supplier. You should confirm this information immediately after confirmation of a reservation by Operator.
- Operator does not provide or service requests for frequent travel points, upgrades, and other discount and membership incentives.
- The Site provides an invitation to you to make an offer to purchase travel inventory. Operator is not making an offer to sell any travel inventory by providing access to the travel inventory to you on the Site. You make an offer to purchase travel inventory when you complete all of the following: read our Terms and Conditions, click on "I have read and agree with the Terms & Conditions stated above" to indicate your approval and understanding of our Terms and Conditions, and click on
"Approve" to finalize the offer to purchase the reservation. Operator is free to accept or reject your offer to purchase. Operator's acceptance or rejection of your offer occurs when notice of the same leaves Operator's email service except where notice advises you that the booking is "on request." Upon acceptance of your offer, Operator will charge the entire payment owed (except where the booking is "on request"), including applicable taxes and service fees when applicable, to the credit card that you provided to Operator.
- Reservations depend on availability of travel products and are subject to confirmation upon payment.
- You must ensure that the information that you provide to Operator when making a reservation is accurate. You must inform Operator of any relevant changes to your contact information and/or other relevant changes to the information that you provided to Operator at the time of the reservation.
- The information provided on the Site relating to mapping and distances is provided for informational purposes only and is not a guarantee or warranty of any kind by Operator.
- Hotel cancellation policies vary per reservation and will be disclosed during the booking process and prior to your approval of the reservation. The applicable cancellation policies will be printed on your reservation voucher.
- A fee consisting of full amount paid (NO REFUND) will be assessed for no shows without cancellation or changes made less than 24 hrs prior to check-in date.
- Packages and tours containing an air component will be subject to policies regarding flights.
- ALL CANCELLATIONS, (EX)CHANGES, AND COMPLAINTS MUST BE MADE DIRECTLY TO OPERATOR IN REAL TIME USING Operators TOLL FREE NUMBER 1-800-524-9109. Cancellations and (ex)change requests and complaints made directly to the vendor will not be reviewed by Operator.
- All services are subject to Operators and/or suppliers current cancellation rules in addition to cancellation fees imposed by Operator.
- Age restrictions apply to reservation of hotel rooms. Generally, you must be at least 21 years of age to check into a hotel room. Review of the Site is required for specific age restrictions relating to each reservation.
- Rates quoted are per room per night; hotel taxes and service fees are disclosed at the time of reservation, if applicable. Unless specifically stated on your reservation, rates do not include meals.
- Star ratings for travel inventory are for informational purposes only and are not a guarantee or warranty of any kind by Operator. Our star ratings may consider objective criteria (for example, the presence or absence of facilities and services) and/or subjective criteria (for example, ambience and reputation). Our star rating for a hotel is not guaranteed to be equal to or consistent with the star ratings found through any other sources.
- The information provided on the Site relating to mapping and distances is provided for informational purposes only and is not a guarantee or warranty of any kind by Operator of the location of the hotel.
- Reservations and bookings of groups (defined as more than 5 hotel rooms) and/or conventions must be made directly with Operator's Groups Department. Operator reserves to the right, in its sole discretion, to cancel any reservations made on the Site which should have been referred to Operator's Groups Department and/or charge purchasers' credit card for any additional fees and costs related thereto.
- Requests for specific features (i.e. non-smoking facility, bedding type) are not guaranteed by Operator or Supplier. Generally, although not guaranteed, bedding in U.S. and Canada hotels is as follows: Single consists of a room with one bed; Double consists of a room with either one large bed for two people or two single beds; and Triple/Quad consists of a room with two beds accommodating up to 3-4 people. Requests for rollaway beds and cribs may result in additional charges payable directly to the hotel.
- Your offer to purchase air tickets is not accepted and confirmed until Operator sends an email, including ticket numbers, advising of the confirmation of the reservation and receipt of payment in full. Operator's initial automated notification email, which does not contain ticket numbers, will be sent prior to the confirmation and is NOT a confirmation of the reservation even if the Site indicates availability. If you do not receive a second email with the ticket numbers within 12 hours, it is your responsibility to contact the Operator's flight desk immediately.
- All airline ticket purchases are non-refundable and non-transferable.
- Airline ticket purchases may, under certain circumstances, be exchanged prior to departure subject to payment of processing fees, any increases in fare, and similar surcharges which will be assessed at the time of the exchange.
- Packages and tours containing an air component shall be subject to policies regarding flights irrespective of the value of the components of the package or tour.
- Air fare prices generally do not include baggage fees imposed by the Supplier. Baggage fees are subject to each airline's policies, and you are responsible for payment of baggage fees directly to the Supplier.
- If you fail to check in for one segment of your flight arrangements, the supplier will cancel your remaining flight segments (entire reservation).
- All reservations must be made in the EXACT name of the person traveling. Changes and amendments to the name of the person traveling are not permitted by the Operator or Supplier. You will be responsible for any charges issued by the Supplier due to incorrect passenger information entered by you at the time of making the reservation.
- Operator reserves the right, in its sole discretion, to reject your offer to purchase an air ticket or cancel the confirmed reservation due to the following:
a. Operator's inability to verify credit card details;
b. Airline ticketing restrictions prohibit or limit reservation;
c. Restricted areas of travel; and/or
d. Your failure to complete credit card authorization when requested.
- Operator may require a signed credit card authorization letter for any reservation booked. Your failure to provide Operator with a signed credit card authorization (if requested) will result in refection of your offer to purchase a ticket or cancellation of the previously confirmed reservation.
- All airfare prices include a $5.00 non-refundable online booking fee per ticket. The non-refundable fee will appear as a separate charge from the Operator on your credit card statement.
- A $25.00 non-refundable booking fee per ticket will apply for all reservations booked by telephone via our toll free number. Reservation requests within 4 hours or less from departure can not be booked by telephone.
- A $30.00 non-refundable processing fee per reservation will be assessed for all reservations paid for using a third party credit card (credit card holder is not a passenger in the itinerary). This charge will appear as a separate charge from the Operator on your credit card statement. In addition, a signed credit card authorization form may be required for all third party credit card payments. This form will be emailed to the cardholder and must be returned via fax or email with the completed requirements. Your failure to provide Operator with the completed credit card authorization form (if requested) will result in refection of your offer to purchase a ticket or cancellation of the previously confirmed reservation.
- Changes to and cancellations of air tickets can be made only if the Supplier and specific air ticket rules permit the same. Operator will charge a $30.00 processing fee per ticket for each change or cancellation request. This processing fee will be charged in addition to the fee assessed by the Supplier. In addition, any increase in fare will be applicable. The processing fee may appear as a separate charge from Operator on the credit card statement. All changes and cancellations must be made by phone with one of Operator's flight desk representatives. NO requests for changes or cancellations will be accepted by email or fax. All approved changes and cancellations will be confirmed by an email confirmation notice from Operator.
- All Service Fees are non-refundable and may appear as a separate charge from the Operator on your credit card statement.
Online Booking Fee: $5.00 per ticket;
Change Cancellation Fee: $30.00 per ticket in addition to airline penalties/fees;
3rd Party Credit Card Payment: $30.00 per reservation (credit card authorization form required);
Paper ticket Shipping fees:
a. $25.00 Second business day delivery
b. $35.00 Express - next business day delivery
c. $75.00 International Delivery (outside the U.S.)
Bookings made Via Telephone: $25.00 per ticket
- All rentals of vehicles through the Site are subject to the Suppliers terms and conditions which are provided to you when you pick up the vehicle.
- Requests for specific features (i.e. vehicle type) are not guaranteed by Operator or Supplier.
- A valid driver's license and credit card is required at the time of pick up of the vehicle. The driver's license and credit card must be in the name of the individual that reserved the vehicle for his/her use. Debit cards may not be accepted by Supplier.
- Age restrictions apply to rental of a vehicle. Unless stated otherwise, you must be 21 years of age to rent a vehicle from Suppliers.
- Rates quoted are based upon dates and times provided at the time of reservation, and rates may change depending upon actual time of pick up or drop off of the vehicle.
- Rates quoted are per person unless specified otherwise.
- A valid passport (with appropriate expiration date, visa, and other requirements) is required at the time of disembarkation for each traveler.
- Age restrictions apply to reservation of cabin. Review of the Site is required for specific restrictions relating to each reservation.
- Reservations and bookings of groups (defined as more than 5 cabins) and/or conventions must be made directly with Operator's Groups Department. Operator reserves to the right, in its sole discretion, to cancel any reservations made on this which should have been referred to Operator's Groups Department and/or charge purchasers' credit card for any additional fees and costs related thereto.
Rates, Taxes, & Service Fees
- Hotel prices are per room and the aggregate of all hotel assessments and service charges (aggregately "Hotel Fees") are disclosed to you at the time of booking your reservation. The Hotel Fees may include, but are not limited to, hotel taxes owed by Operator to hotel, sales and use taxes, occupancy taxes, room taxes, excise taxes, value added taxes, and other similar taxes as well as service charges related to Operator's service and fulfillment of your reservation. The Supplier, not the Operator, collects and remits hotel taxes to the applicable tax authorities wherever applicable.
- Cruise prices are per person and the aggregate of all cruise related taxes as well as any service fees related to Operator's service and fulfillment of your reservation (aggregately "Cruise Fees") are disclosed to you at the time of booking your reservation.
- Air ticket prices are per person and the aggregate of all air taxes as well as service charges (aggregately "Flight Fees") are disclosed to you at the time of booking your reservation. All service fees are non-refundable and may appear as a separate charge from the Operator on your credit card statement. The following service shall apply as applicable:
- Online booking fee: $5.00 per ticket;
- Bookings made via telephone: $25.00 per ticket
- Change or cancellation fee: $30.00 per ticket in addition to airline penalties/fees;
- Third party credit card payment fee: $30.00 per reservation (credit card authorization form required); and
- Paper ticket shipping fees:
a. $25.00 Second business day delivery
b. $35.00 Express - next business day delivery
c. $75.00 International delivery (outside the U.S.)
- The aggregate of all vehicle related taxes, surcharges, airport facility charges, and similar charges imposed by the Supplier in connection with the rental of a vehicle as well as any service charges related to Operator's service and fulfillment of your reservation (aggregately "Car Fees") are disclosed to you at the time of booking your reservation.
- The Supplier, not the Operator, is the vendor of your travel inventory. The Supplier, as vendor, collects and remits taxes including but not limited to sales and use taxes, value added tax, excise tax, facility taxes, and other imposed taxes to the applicable tax authorities wherever applicable. Operator is not a vendor or co-vendor associated with the Supplier. The service charge or Fees imposed by Operator on your reservation is retained by Operator solely to service and fulfill your reservation requests.
- Rates are only guaranteed after receipt by Operator of full payment and acceptance of your offer to purchase. Adjustments to rates will not be made after full payment and acceptance of your offer to purchase, nor shall any subsequent rate reduction be made retroactive. Rates and schedules are subject to change without notice prior to payment and acceptance of your offer to purchase.
- Children's rates may be available at the discretion of the Supplier, and will be quoted with the total package price upon request and if available. Children's rates for hotels generally apply only when sharing a room with two paying adults and/or subject to Supplier's rules.
- Generally, restrictions apply to children and minors travelling alone, and Suppliers' rules may forbid such travel. It is your obligation to check the information on the Site before making a reservation for an individual traveling alone who is under the age of 21.
- Rates, Hotel Fees, Cruise Fees, and Car Fees do not include any additional fees imposed by the Supplier for cribs, rollaway beds, resort fees, baggage fees, gratuities, meals and beverages, mini-bar snacks, shows, tours, tips, telephone calls, liquor, laundry, car seats, GPS devices, and other surcharges or other services and purchases of a personal and/or supplementary nature which are not otherwise specified in the quoted rates or which are excluded from the price. The Supplier will assess these additional fees, charges, and surcharges directly to you. All personal charges must be paid at the time of service, prior to departure from the hotel, or as designated by Supplier.
- A major credit card or cash deposit may be required upon check-in at the hotel, rental of a car, and embarkation on a cruise.
- Fees assessed by payers' credit card processer, including international credit card transactions fees, will not be refunded by Operator. Note that Operator may use credit card processors that process the credit card payment transaction outside your local area.
- You must be 18 years of age and capable of legally entering into a binding contract to make a payment for travel inventory on the Site.
- With the exception of cruises, reservations must be paid in full by credit card at the time of reservation. The payment requirements for cruises vary per reservation and will be provided to you at the time of reservation.
- Operator restricts usage of third-party credit card. You must have sufficient credit balance on the credit card to complete the transaction.
- Operator reserves the right to automatically charge the credit card upon acceptance of your offer to purchase travel inventory. Operator reserves the right to re-invoice in the event of clerical errors.
Cancellations, Amendments, Exchanges, & Complaints
- Once Operator sends you a confirmation of your purchase, a minimum cancellation fee shall apply. The applicable cancellation policies will be printed on your reservation voucher.
- Hotel cancellation policies vary per reservation and any additional cancellation fees above those stated below will be disclosed during the booking process and prior to your final approval of the reservation.
- Cruise and vehicle rental cancellation policies vary per reservation and will be disclosed during the booing process and prior to your final approval of the reservation.
- All cancellations and complaints must be made directly to Operator using Operator's numbers provided on your voucher and as follows: +407-215-7275 (outside USA) and 1-800-0568 (inside USA). All complaints must be made when you know or should have known of the matter raised; generally, all complaints should be made at the start of or during consumption of the travel inventory (i.e. check in date for hotels, pick up of vehicle for vehicle rental, and embarkation time for cruises).
- All complaints that are not made at the start of or during consumption of the travel inventory purchased shall be made as follows: either by calling Operator's customer service center at 44-845-8697572 OR by contacting Operator's customer service center by email at Customersupport@lastminutetravel.com.
- Requests for amendments to and/or exchanges of purchases are not permitted. You must provide accurate details when making a reservation.
- A complaint will be considered to be timely if you make the complaint when you know or should know of the matter relating to the complaint, provided however, all complaints must be submitted to Operator in writing no later than 30 days after end of service or, if travel inventory was not consumed, reserved start date (i.e. check in date for hotel, pick up of vehicle for vehicle rental, and embarkation time for cruises). The request must include the return of all issued documentation. Untimely requests for refunds or compensation will not be reviewed.
- Cancellation requests and complaints made directly to the Supplier will not be reviewed by Operator.
Refunds and No Shows:
- Timely requests for refunds that were not satisfactorily addressed in real time must be submitted to Operator in writing no later than 30 days after end of service (end of service means the final date of consumption of travel inventory, or if travel inventory was not consumed, reserved start date. The request must include the return of all issued documentation. Requests for refunds after this time period will not be reviewed.
- If you fail to check into your hotel on the day of your reservation and do not advise Operator and hotel of the same, the remaining portion of your reservation may be cancelled without further notice. Unless specified otherwise in your reservation, you may not receive a refund for all or part of your reservation. If you fail to check in for one segment of your flight arrangements, the supplier will cancel your flight segments (entire reservation).
- No refunds or exchanges will be made for any unused, complimentary components of travel inventory. No refunds will be provided for lost, destroyed or stolen documents or tickets. Operator reserves the right to determine whether to provide a refund for consumed travel products.
- All refunds are subject to the above provisions governing cancellations and changes, including applicable fees, and are further subject to any such fees or other charges imposed by Suppliers. No refunds will be awarded if Operator is charged for the service or travel inventory.
- Acceptance of a refund constitutes a waiver by the customer of all rights and remedies under applicable law other than the amount of the refund.
Loyalty Points Plan
- You must be a registered LastMinuteTravel.com user ("Registered User") to participate in the Loyalty Points Plan. You will automatically be enrolled in the Plan if you are a Registered User subject to terms herein.
- Every Eligible Booking made on the Site will entitle you to receive Loyalty Point(s). An Eligible Booking includes bookings for all travel inventory purchased (paid in full) on the Site that are not cancelled or refunded in whole or part.
- You will receive one Loyalty Point for every full Dollar (USD$1) spent on an Eligible Booking.
- You will receive your Loyalty Points (in your Registered User account) one month after each of the following: check out from a hotel, return of car rental, completion of a cruise, completion of final segment of flight, and/or consumption of other travel inventory.
- Loyalty Points will be accounted for as follows:
- Pending Points: Loyalty Points that may be earned by you for a reservation that was booked and paid with USD currency but which are not usable by you because either one month has not elapsed from consumption of the travel inventory or the reservation was not paid in full (without cancellation or refund);
- Deposited Points – Loyalty Points that are in your Registered User account and are eligible for redemption by you.
- Withdrawn Points – Loyalty Points that have been removed from your Registered User account due to redemption, cancellation or termination of Registered User status (or opt-out of Site), subsequent refund or deduction of amount paid by you, and/or other commercially reasonable causes such as clerical error.
- You can view the status of your Registered User account and Loyalty Points on the Site.
- No partial points will be award or carried over. In other words, if you book a hotel room for $79, you will receive 70 points and the remaining $9 will not earn you any (carryover) points.
- You will not receive points for registration on the Site, cancellation or change fees, mailing fees, fees paid directly to supplier, bookings made by telephone, bookings made with Loyalty Points, complimentary components of a booking, bookings for which complaints to supplier or Operator are pending, and/or other similar charges.
- You may use the Loyalty Points in your personal Registered User account to purchase additional travel inventory on the Site. You must have the full amount owed for the booking in order to redeem the Loyalty Points. You must be one of the travelers on the reservation to redeem points.
- You will forfeit the Loyalty Points used to pay for a reservation if you subsequently cancel the reservation.
- If you amend the reservation and the price of the booking increases, you must pay for the reservation using the same method of payment used on the original booking. If the booking was made using Loyalty Points and the cost of the booking decreases, the Loyalty Points originally used will be forfeited.
- You will be required to pay for any cancellation fees and/or amendment fees imposed by Operator and supplier with USD, not Loyalty Points. These fees are in addition to any increased cost of an amended reservation.
- Loyalty points do not have a cash redemption value and are non-transferrable. You can not purchase Loyalty Points from Operator.
- Loyalty Points will be forfeited if your registration on the Site terminates for any reason or you opt-out from the Site.
Special Travel Requirements
The Suppliers of Travel Inventory do not necessarily have the appropriate special services and equipment to accommodate persons with disabilities or special needs. Please advise Operator of any special requests at the time of reservation and Operator will forward the request to the appropriate Supplier. Operator can not guarantee that such requests can be fulfilled by Supplier.
Passports, identification documents, visas, visa waivers, and/or related travel document requirements vary by country of origin and destination (including transit points). It is your responsibility to obtain (for all travelers, including children and infants) all required travel documents, at your own expense, prior to making a reservation. We highly recommend that you obtain current information regarding entry requirements and security before making a reservation. Operator will not refund monies paid due to your failure to obtain the proper travel documents, including but not limited to passports and visas with proper expiration dates. The name(s) on the above travel documents must match the name(s) on the reservations. For travel to the USA by non-US citizens, including transit, Operator recommends that you review the requirements of the US Department of Homeland Security Visa Waiver Program.
Security and Health Matters
Operator strongly advises that you review all travel restrictions, warnings, and advisories available to you through the appropriate government agency and through the US Department of State. Operator does not guarantee or warrant that travel to the destinations available on the Site is advisable and/or within acceptable risk guidelines as outlined by the appropriate authorities. It is your responsibility to determine whether vaccinations or other health restrictions/precautions are necessary for travel.
II. LEGAL POLICIES
USE OF SITE
Accepted Use of Site
This Site may be used by you solely for personal and noncommercial uses relating to the examination, review, and purchase of travel inventory on the Site. You must be at least 18 years of age and able to enter into legally binding contracts to use this Site. You are responsible for maintaining the confidentiality of your password, login, and account information. You are financially responsible for all uses of our Site by you and anyone using your password and login information. Operator reserves the right to terminate or restrict your access to all or any component of our Site, refuse service, remove or edit content, or cancel orders, at any time and without advance notice or liability. You are solely responsible for any use of websites that you may access through hyperlinks on our Site. Operator does not control or endorse these hyperlink-accessed websites and disclaims any endorsement of or liability for your use of these hyperlink-accessed websites.
Prohibited Use of Site
You may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on this Site. You may not (i) access, monitor or copy any content or information on this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Operator; (ii) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (iii) take any action that imposes, or may impose, in the discretion of Operator, an unreasonable or disproportionately large load on the Operator's infrastructure; or (iv) deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Operator. You will not use this Site for any purpose that is unlawful and/or prohibited by these Terms, conditions, and notices. You will not use the Site for any speculative, false, or fraudulent reservations.
Any information you send to this Site is transmitted at the sole risk of the user. The rates, and terms and conditions of use and purchase of the travel inventory on this Site are subject to change by Operator at any time prior to acceptance of your offer to purchase travel inventory and receipt of Operator of full payment for the same. Reservations and bookings of Groups (defined herein) and/or conventions must be made directly with Operator's Groups Department. Operator reserves the right, in its sole discretion, to cancel any reservations made on this Site which should have been referred to Operator's Groups Department and/or charge your credit card for any additional fees and costs related thereto. Operator reserves the right, in its sole discretion, to bar your use of the Site with or without notification.
Interactive Use of this Site
Operator may provide you with forums ("Interactive Forums") that enable you and other third parties to post information and reviews of your travel experiences or other associated content ("Content"). You agree that any use of the Interactive Forums shall (i) be at your own risk; (ii) not include publication on the Site, through any method or format, of Content that infringes upon the rights of any party, including any intellectual or proprietary rights; invades the privacy rights of any party; is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable as determined in Operator's sole discretion; and/or contains viruses or other harmful files. OPERATOR, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE, RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR EXPOSURE TO THE INTERACTIVE FORUMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERATOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF DAMAGES. You grant to Operator and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to amend, remove, delete, supplement, publish, distribute, translate, reproduce, and publicly display the Content without notice to you or any third party. Operator has the right to treat the Content as non-confidential and Operator has no obligation to amend, remove, supplement, publish, distribute, translate, reproduce, and publicly display, or offer payment for the Content
LIABILITY AND WARRANTY DISCLAIMER
NOTE: THE LIABILITY AND WARRANTY DISCLAIMERS MADE HEREIN MAY NOT APPLY TO YOU IF THESE DISCLAIMERS ARE PROHIBITED BY REGULATIONS IN YOUR JURISDICTION. FOR EXAMPLE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE RESTRICTIONS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS NOT PROVIDED FOR HEREIN.
OPERATOR AND OPERATOR'S SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES, AND/OR OPERATION OF THE SITE ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. OPERATOR EXPRESSLY DISCLAIMS ANY RESPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED THAT THE SITE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OPERATOR DISCLIAMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE INCLUSION OR OFFERING OF ANY PRODUCT OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE.
THE SUPPLIERS OF PRODUCTS AND SERVICES FOR OPERATOR ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF OPERATOR. OPERATOR IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT, MENTAL DISTRESS OR OTHER SIMILAR MATTER, DELAYED DEPARTURE, MISSED CONNECTION, SUBSTIUTION OF ACCOMODATIONS, TERMINATIONS OF SERVICE, OR CHANGES IN FARES AND RATES, AND/OR CANCELLATION OR DOUBLE BOOKING OF RESERVATIONS OR TICKETS RESULTING THEREFROM. ALL TRAVEL DOCUMENTS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY OPERATOR'S SUPPLIERS. OPERATOR, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR FOR ANY USE OF OR EXPOSURE TO THE INTERACTIVE FORUMS ON THE SITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY OPERATOR OR ITS SUPPLIERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERATOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
OPERATOR'S LIABILITY FOR ANY CLAIM MADE BY YOU RELATING TO THE SERVICE AND/OR TRAVEL INVENTORY IS LIMITED TO THE AMOUNT PAID BY YOU TO OPERATOR FOR THE TRAVEL INVENTORY.
Operator is not responsible for any liability or reimbursement due to force majeure events such as strikes, riots, civil unrest, weather, acts of God, technology failures, and other events not within the total or partial control of Operator. Operator is not responsible for any liability or reimbursement due to the improper behavior of the travelers consuming the Travel Inventory.
You will defend and indemnify Operator its officers, directors, employees and agents from and against any claim, cause of action or demand, loss, fine, penalty, or cost, including without limitation reasonable legal and accounting fees, as a result of your breach of the Terms on this Site and your violation of any law or rights of third parties.
The headings in these Terms are for convenience and reference. The headings do not limit or affect the Terms. Your acceptance of these Terms and use of our Site do not create a joint venture, partnership, employment or agency relationship with Operator. You may not assign, delegate or transfer your rights or obligations under these Terms. If Operator fails to act with respect to your breach or anyone else's breach of the Terms on any occasion, Operator does not waive its right to act with respect to future or similar breaches.
Choice of Law and Related Terms
If a court finds any of these Terms to be unenforceable or invalid, including but not limited to the warranty and liability waivers and limitations, 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 the Terms shall continue to be valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our Site, and replaces any prior or contemporaneous written or oral understandings or agreements relating to the use of our Site. The laws of the State of Florida, USA, govern the Terms and any agreements herein. You hereby consent to the exclusive jurisdiction and venue of courts in Florida, USA in all disputes arising out of or relating to the use of this Site. Any rights not expressly granted herein are reserved in accordance with applicable laws.
Legal notices to Operator shall be sent to: Travel Holdings, Inc., 220 East Central Parkway, Suite 4010, Altamonte Springs, FL 32701, USA, Attn: Legal Department.
TRADEMARKS AND OWNERSHIP
LastMinuteTravel.com and other related marks are all trademarks or registered trademarks of Operator.
Licenses and Ownership
All content included on this Site, including but not limited to, data, content, graphics, sound, artwork, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts and computer code, is the property of Operator or the Suppliers of Operator and is protected by United States and international copyright laws. Operator, its subsidiaries, and other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of Operator or the party that owns the mark. Any software that is available on this Site is owned by Operator or its Suppliers. The software on this Site is subject to either the Terms and (i) any license agreement provided at the time of initial use by you or (ii) if no license agreement is provided to you at the time of initial use by you, a grant by Operator of a license for you to use the software for your personal, non-commercial, non-transferable purpose. No warranty or guarantee is made as to the software on this Site.
User Posts on the Site
You disclaim any proprietary, privacy, or ownership rights you may have to any review posts that you make on the Site
MODIFICATION OF TERMS
Operator reserves the right to modify these Terms and our Site at any time without notice to you. Your continued use of this Site will be subject to the Terms in effect at the time of your use.
You agree to abide by the terms and conditions of use and purchase imposed by any Supplier providing travel inventory through the Site.
OPERATOR IS A SELLER OF TRAVEL IN THE STATE OF FLORIDA (ST21619).
LastMinuteTravel.com (May 2009)