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.
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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