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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. 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 should not
use the Booking Engine.
OWNERSHIP
The Booking Engine is owned and operated
by World Choice Travel, Inc., a Delaware
corporation (“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.
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, Inc., 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, Inc. 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.
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. 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 express in 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
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 WCT
collects from customers and pays to
vendors (such as hotels, etc.) in
connection with your travel
arrangements.
WCT is not the vendor collecting and
remitting such tax to the applicable tax
authorities. The vendors bill WCT for
applicable taxes and WCT remits such
amounts directly to the vendors. WCT is
not a co-vendor associated with the
vendor with whom WCT books or reserves
travel arrangements.
Taxability and the appropriate tax rate
vary greatly by location. The actual
amount of tax paid to vendors 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
a customer.
WCT does 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 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.
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. ST-31090.
©2003 WorldChoiceTravel.com. All rights
reserved.
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