Guest Reservations^™Terms of Use

This section explains how you and Travel Agent will handle disputes that arise. It is an important section of this Contract, and you should read it carefully.

Claims and Law. A “Claim” means and includes any claim or dispute between you and Travel Agent or you and any third-party beneficiary (collectively “Travel Agent” for this arbitration agreement) arising out of or related to this Contract, the Privacy Policy, the Services, any dealings with Travel Agent, any representations or omissions by Travel Agent, or the Site. This Contract, including the enforcement and interpretation of this dispute resolution provision, and any Claims that might arise between you and Travel Agent, whether based on contract, tort, statute, or otherwise, shall be exclusively governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and, if not inconsistent, the state laws of Delaware in the United States, exclusive of choice of law rules.

Informal Dispute Resolution. Our goal is customer satisfaction and working with you to try to resolve any Claims. Before seeking relief through arbitration, you agree that you will first notify our Customer Service Department to try to resolve any Claim(s) against Travel Agent. You can reach our Customer Service Department by phone and/or email, at (866) 238-4218 or [email protected]. You understand and acknowledge that participating in this informal process is a prerequisite to initiating any arbitration or proceeding in small claims court to the fullest extent permissible under applicable laws.

Mandatory Pre-Arbitration Notice Procedure. If the Claim is not resolved through Informal Dispute Resolution, before either party commences an arbitration for any Claim, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure.

• The Claimant must first send the other party a formal written notice of the Claim (hereinafter, the “Notice”). The Claimant’s Notice must:
  1. be sent by certified mail, with a copy also sent by email to [email protected];
  2. be addressed to 800 North King Street - 2608, Suite 304, Wilmington, DE 19801 if against Travel Agent or any of its third-party beneficiaries, or to your address on file with Travel Agent;
  3. contain the Claimant’s full name, postal address, and email address;
  4. describe all the relevant facts and the basis of the Claim including whether there is a registered account or transaction with Travel Agent;
  5. describe all damages and requests for recovery that the Claimant is seeking and how the damages or requests are calculated;
  6. provide a statement signed by the Claimant personally if an individual or an executive if a company (and not the Claimant’s attorney), verifying the accuracy of all the information in the Notice, and containing only information about the Claimant and not any dispute that others may have.
• After receipt of the Notice, as evidenced by certified mail receipts, the parties will negotiate in good faith to resolve the dispute for a period of 45 days. Both you and Travel Agent agree that after a Notice is received, either party may request an individualized internet video conference or telephone call, attended by both parties and optionally attended by legal counsel; the parties agree to cooperate to schedule this personal, individualized video session or phone call as soon as reasonably possible to resolve the matter, although it may be held after the 45-day period as long as it was requested within the 45-day period.
• If the parties do not reach an agreement on the issues contained in the Notice within 45 days of receipt of the Notice and after good faith negotiations, the Claimant may commence an arbitration proceeding.
• Compliance with the Informal Dispute Resolution process and the Mandatory Pre-Arbitration Notice Procedure (collectively, the “Notice Procedure”), as described above, is a condition precedent to initiating arbitration. Any statutes of limitations periods are tolled while the parties are engaging in the Mandatory Pre-Arbitration Notice Procedure.
• All aspects of the Notice Procedure are required in order to provide a full opportunity for the parties to resolve their Claim(s).
• If the Claimant does not comply with any of the requirements of the Notice Procedure, a court must enjoin an arbitration filing or continued prosecution of an arbitration. Furthermore, unless prohibited by law, an administrator of any arbitration may not initiate, access, or assess or demand fees related to an arbitration that has been commenced without the parties completing the Notice Procedure. If an arbitration is filed or otherwise pending prior to the parties completing the Notice Procedure, the arbitration shall be administratively closed. Nothing in this arbitration agreement shall limit a party from seeking damages for noncompliance with the Notice Procedure.

Arbitration Agreement. You and Travel Agent agree that any and all Claims, if they cannot be resolved through the Notice Procedure, will be resolved exclusively through final and binding arbitration, except as otherwise expressly provided below.

• This means that you and Travel Agent agree that all Claims will only be resolved through arbitration and not in a court of law. Arbitration offers a less formal and more confidential method for resolving disputes. Rather than appearing in court, the involved parties present their arguments and evidence to an arbitrator. The arbitrator then renders a decision, determining the "winning" party by applying the law, much like a judge would in a courtroom setting.
• You and Travel Agent agree that any arbitration shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by the arbitration agreement contained in these terms, and will be administered by NAM. If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5. The NAM Rules are available online at www.NAMADR.com, by calling NAM, or by requesting them in writing at the Notice Address. You may obtain a form to commence an arbitration here or by contacting NAM.
• Arbitration will be conducted before a single arbitrator who will resolve any Claims between you and Travel Agent (including any disagreements regarding the scope, enforceability, formation, interpretation, applicability, enforceability, voidness, or voidability of this Contract or dispute resolution provision). All remedies shall be available; the arbitrator's award on the Claim(s) shall be final and binding. However, a court of competent jurisdiction may enter judgment on the arbitrator’s award (see further details below).
• The arbitration will be conducted in person in the county where you live or at another mutually agreed location and, at the request of either party, may be conducted by telephone, videoconference, or written submissions.
• Payment of fees, including filing, administration, and arbitrator fees will be governed by the NAM Rules, unless you qualify for a fee waiver under applicable law. Each party shall pay its own attorneys’ fees, unless otherwise authorized by statute.
• Upon request by one or more affected parties, the arbitrator may, at their discretion, consolidate multiple arbitrations involving related claims. This consolidation aims to streamline the arbitration process, ensuring efficiency, timeliness, and cost-effectiveness. While all parties retain the right to request individualized hearings, it is important to note that the arbitrator cannot preside over any form of representative or class proceeding unless all individuals have initiated and are currently pursuing arbitration under this Agreement.
• As in court, you and Travel Agent agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Limitation to Arbitration.

• Notwithstanding the above, in lieu of arbitration, you or Travel Agent may bring any individual Claim in small claims court, but only if the Claim(s) are brought on an individual basis and are below the statutory maximum amount permitted in small claims court. If you choose to pursue the Claim(s) in a small claims action, the small claims action may only be filed in the country of your residence or in Sussex County Superior Court in Delaware.
• Nothing in this section will limit either party’s ability, if and as allowed by applicable law, to seek injunctive relief in aid of arbitration or a “public injunction” in a court of competent jurisdiction or to seek to compel arbitration, to stay a case during arbitration, or to enter judgment on, confirm, modify, or vacate an arbitration award.
• Arbitration is required if you reside, or if you bring a Claim, in the United States or any country that enforces arbitration agreements. If you are not bringing a Claim in, and are not a resident of, the United States, you may be allowed to file a Claim in a court of competent jurisdiction on an individual, and not class-wide, basis in the city in which you reside under the laws of the city in which you reside, after completing the Notice Procedure.

Class Action Waiver. YOU AND TRAVEL AGENT MAY ONLY BRING CLAIMS IN ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER OR PARTY IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, EXCEPT AS PERMITTED HEREIN. THE ARBITRATOR SHALL ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF REQUIRED BY THAT PARTY’S INDIVIDUAL CLAIMS. THE PARTIES ARE WAIVING RIGHTS TO BRING CLAIMS IN COURT ON A CLASS BASIS AND BEFORE A JURY. THIS WAIVER IS A MATERIAL PROVISION OF THIS CONTRACT; IF THIS WAIVER IS LIMITED OR VOIDED, THE CONTRACT TO ARBITRATE SHALL BE NULL AND VOID, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OF THE WAIVER. YOU AGREE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY.

Reciprocal. This dispute resolution section is reciprocal and shall not be construed against the drafting party. If any provision is not enforceable, that provision shall be severed from the agreement, and the agreement will be otherwise enforced.

To provide you with the Services, including to assist in fulfilling reservations, Travel Agent uses the services and licenses the platform of a third-party vendor as a hotel booking engine (“Vendor”). The provisions of this Contract relating to dispute resolution, disclaimers, limitations of liability, and indemnification shall also apply to Vendor, as well as to Travel Agent’s representatives, agents, suppliers, employees, owners, directors, and officers, who shall be express third-party beneficiaries of such provisions. You and Travel Agent intend to benefit the Vendor with this provision, including allowing Vendor to enforce the terms of the Contract against You. The intention of You and Travel Agent to benefit Vendor by this Contract is a material part of the purpose of You and Travel Agent entering the Contract.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVEL AGENT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRAVEL AGENT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAVEL AGENT DOES NOT MAKE ANY WARRANTIES REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL ON THE SITE OR SERVICES. TRAVEL AGENT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT. NO WARRANTY IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR A BOOKING, REGARDING THE AVAILABILITY OF PRODUCTS OR SERVICES, OR REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES. BY OFFERING TRAVEL IN PARTICULAR DESTINATIONS, WE DO NOT WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE; TRAVEL AGENT IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Travel Agent does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies on the Site, including for pricing and other descriptions. The third-party hotels with offers available through the Site are independent contractors and not agents, employees, or representatives of Travel Agent; and Travel Agent is not liable for the acts, errors, omissions, representations, warranties, breaches, or violations of such third parties. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVEL AGENT SHALL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SITE OR SERVICES, REGARDLESS OF LEGAL THEORY OR PRIOR NOTICE. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE LIMITATIONS AND WAIVERS MAY NOT APPLY TO YOU.

You authorize Travel Agent to book reservations for the price charged by the respective hotel(s), plus amounts related to any applicable fees and taxes (including but not limited to Service Fees charged by Travel Agent, outlined below, and tax recovery charges, which are the estimated taxes to be paid to the hotel). Upon submitting your reservation request, you authorize Travel Agent to process any and all reservations on your behalf (and for any guests), including making any necessary payment arrangements. There are some rates and fees that are specifically identified as nonrefundable that cannot be refunded; and there may be other fees imposed by hotels (including resort fees and room charges), and if the reservation is not cancelled by the indicated time required, the entire amount, including the hotel fees, the hotel taxes, and Travel Agent’s Service Fees may be forfeited and nonrefundable.

Travel Agent charges fees for using the Travel Agent Site and Services, including for website, processing, delivery, fulfillment, and customer service fees (collectively “Service Fees”). Service Fees may vary depending on the type of booking made. Travel Agent has sole discretion to determine the amount of Service Fees, and any applicable Service Fees, including any tax recovery charges, will be disclosed to you prior to making a purchase on the Travel Agent Site. Service Fees may be nonrefundable,e.g., Travel Agent may charge a nonrefundable $14.99 Booking Fee related to processing your transaction, and Travel Agent may retain any nonrefundable Service Fees even if you change or cancel a booking or do not fulfill your obligations under this Contract, unless otherwise required by applicable law. Further, Travel Agent may retain a $10.00 processing fee if you change or cancel reservations booked from Travel Agent’s unpublished rates (e.g., call center only specials or pre-negotiated promotions for any Travel Agent Services).

You acknowledge that you have requested that Travel Agent provide you booking services and to act as your agent in booking reservations at your hotel(s). You acknowledge that the rates displayed on the Site are a combination of the hotel charges/fees, our Service Fees, and government imposed taxes or fees, as outlined to you, and subject to additional amounts.

To use parts of the Services, such as special promotional offers, you may be required to create an account with your email address. You warrant that you will only provide accurate and non-misleading information for your account and that you will not create more than one account or impersonate anyone. You understand you are responsible for activity under your account and for securing account credentials. You should immediately notify us if you suspect any suspicious activity with your account. We may suspend or terminate your account if we suspect fraud or violation of the Contract or any laws in connection with your account or use of the Services.

Prices quoted on the Site are subject to change and correction at any time, but changes will not affect bookings already accepted. TRAVEL AGENT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Special offers and discount pricing of Services are only available at participating providers of those services pursuant to their terms. Prices shown on the Site include applicable discounts and are based upon rates set by each hotel providing those services. Minimum stays may be required. Sale offers are subject to availability and may be discontinued without notice. Additional restrictions and blackout dates may apply. Fees and taxes for the room rate(s) will be listed, such as on the final pricing and on the confirmation email. However, the final rate quoted in the confirmation email does not include specific charges assessed by the hotel for miscellaneous expenses that you may incur, such as parking, room service, resort fees, city taxes, other taxes, internet use, or other miscellaneous charges. Posted rates are intended merely as guidelines and not as any form of guarantee of the final charges after your hotel stay. Because Travel Agent only assists you in making reservations, it has no control or authority over the hotel providers’ rates, charges, or services, or over hotel providers’ maintenance, updates, renovations, quality, or deterioration of hotel rooms.

Your applicable hotel provider may have additional terms and conditions, including regarding payments, availability, health and safety (including regarding COVID testing or vaccine requirements, or pool, travel, or stay restrictions), cancellations, and liability waivers, which you must agree to abide by and should review carefully; failure to comply with or violation of any such terms and conditions may result in cancellation of your reservation or purchase and/or denial of access to any hotel(s). You may forfeit any monies paid for such reservation(s) or purchase(s), including all fees; and you authorize Travel Agent to debit your account for any costs Travel Agent incurs as a result of any such violation. You may be required to provide official state or authorized government issued ID upon check-in for any Travel Agent reservation. In addition, you may be required to provide a credit or debit card upon request from the hotel for incidentals (such as room service, valet, additional hotel taxes, fees, internet, beverages, spa services, and other fees and incidentals). Your failure to produce such ID may result in forfeiture of the booking through Travel Agent’s Services without any right to refund.

You understand that when you book through the Site, any cancellation or change policy outlined to you, including in the confirmation email to you, is enforceable and binding. Travel Agent does not change or modify existing nights to reservations. You can cancel your reservation either online at our Site or by calling our customer service number. You may add additional services to an existing reservation provided the services desired are still available, and under the terms that are available at the time of the modification. You may be charged change and/or cancellation fees, or may not be refunded, depending on the nature of the request.

Each reservation is subject to the hotel providers’ change and cancellation policy, which varies by provider. In the case of hotels and room reservations, the typical provider usually requires notice of cancellation at least 24 to 72 hours prior to your arrival date. You may cancel your prepaid hotel reservation(s), but you will be charged the change or cancellation fee(s) as stated on your confirmation email or as indicated in the policy for the hotel. If you do not change or cancel your reservation before the period applicable to the hotel you reserved, you will be subject to a charge as outlined in the hotel’s policy, which may be equal to applicable nightly rates, tax recovery charges, and service fees. NOTE: Some hotels charge for the entire stay. There are no refunds for no-shows or early check-outs. If you intend to arrive at your hotel after the first night of your reservation, you MUST contact us prior to the commencement of the applicable cancellation policy to prevent cancellation of your reservation and avoid applicable fees from the hotel provider. You agree to pay any change or cancellation fees that you incur. You also agree to abide by the terms imposed with respect to your prepaid travel reservations. As noted above, Service Fees may be nonrefundable, even if you change or cancel a booking.

Travel Agent is entitled to act on instructions received using your email address and itinerary number or credit card. No reservation made by Travel Agent, of any type, may be assigned or transferred to any third party except as expressly permitted by Travel Agent in writing. We reserve the right to cancel any and all bookings or other transactions you have made using the Site after you have been prohibited from using the Services. Travel Agent may also interrupt your access to the Site, without liability to you or any other user, for the performance of maintenance on the Site, or to correct issues on the Site.

Travel Agent will make no refund in the event of, and has no responsibility for expenses caused by, any delay, cancellation, overbooking, strike, force majeure, pandemic, government action, or other causes beyond its direct control. In the event that a hotel provider is unable to honor your reservation, Travel Agent will not be liable for any cost or loss incurred due to rebooking.

Some banks and credit or debit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a United States credit or debit card, your bank may convert the payment amount, both for the room and the membership fee charged by Travel Agent, to your local currency and charge you a conversion fee. This means that the amount listed on your credit or bank card statement may be in your local currency and therefore may be a different figure than the figure shown on the billing summary page for the reservation booked through Travel Agent. In addition, a foreign transaction fee may be assessed if the bank that issued your credit or debit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since we may pass on your payment to an international travel supplier. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank. If there are signs of fraud, abuse, or suspicious activity, Travel Agent may cancel any bookings associated with your name and retain any Service Fees.

Currencies fluctuate in value. All payments and refunds are currently processed in United States dollars and will reflect the exchange rate in effect on the date of the payment or refund. All refunds are subject to this variation, and Travel Agent is not responsible for any difference in exchange rates between time of payment and the time of refund. 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 in real time. You should check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Travel Agent and the providers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use, and you are prohibited from the use of this information for commercial purposes. Some jurisdictions may have different requirements, so these provisions may not apply to you.

Travel to certain destinations may involve greater risk than others. Travel Agent urges passengers to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and that any other foreign entry requirements are met. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov, and www.customs.gov.

You may not book more than 8 rooms online or similar services for the same hotel/stay dates, and if you do, we may at our sole discretion cancel your reservation(s) and charge you any applicable fees. If you purchased a nonrefundable rate or rates for special events (i.e., Mardi Gras, Super Bowl, etc.), the cost of your entire reservation may be subject to forfeiture. If you wish to book 9 or more reservations, you must contact our group travel specialists by phone or by filling out the group travel form online. You may be asked to sign a written contract and/or pay a nonrefundable deposit, depending upon the nature of your request.

You may not hold duplicate reservations for the same hotel for overlapping dates under the same name. If booking more than one room, each reservation must have a unique customer assigned to each room. Travel Agent reserves the right to cancel any reservation that is considered a duplicate booking. Travel Agent is not responsible for any cancellation or no-show fees as a result of a duplicate cancellation. You are responsible for any additional expenses, fees, and rate increases incurred as a result of a duplicate reservation.

You agree not to violate this Contract or any applicable laws or regulations. In particular, you agree not to: make any speculative, false, or fraudulent reservations; violate the restrictions in any robot exclusion headers on the Site; use Travel Agent, the Site, or the Services for any commercial purpose without the prior written consent of Travel Agent; use the Site to violate any rights of Travel Agent or any third parties; take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site, Services, or infrastructure; deep link to any portion of Site; or “frame,” “mirror,” or otherwise incorporate any part of Site and/or Services into any other product or service without the prior written consent of Travel Agent.

By signing up to receive newsletters, booking reservations, providing your email address, and/or providing your phone number, contacting us, you expressly agree to receive electronic email communications from Travel Agent. Travel Agent may also obtain your separate express consent to receive communications from Travel Agent, including marketing, such as by text message to the mobile number you provide to Travel Agent, subject to the SMS Terms, where messaging and data rates may apply. These communications will be account, booking, transactional, membership, promotional, or travel-related. Travel-related communications will highlight special deals that are available to customers of Travel Agent. You can opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, including to text “STOP” to stop receiving marketing text messages, or by contacting us at [email protected] and requesting to opt-out. Note that your opt-out will not apply to non-promotional emails or communications.

SMS Terms: By opting in to our SMS/text program, you agree that Travel Agent may send you marketing SMS/text messages as part of the normal business operation of your use of the Services. Message frequency varies and depends on your interactions with the Services. Message and data rates may apply for any messages. You should independently verify messages. Neither carriers nor Travel Agent are liable for delayed or undelivered messages.

You may opt out of receiving SMS/text messages from Travel Agent at any time by replying "STOP" to any message or you may contact us. We may send a final message to confirm that you have been unsubscribed. After this, you will no longer receive marketing SMS/text messages from us unless you opt back in to our program. For assistance with SMS/text messages or additional information, reply "HELP" to any message or call 866-566-3306.

You acknowledge that opting out of SMS/text messages may impact your use of the Services. By continuing to use the Services, you consent to receiving necessary communications through these means unless you opt out as provided. By continuing you agree to our terms and Privacy Policy.

The content and information pertaining to the Services (including, but not limited to, price, descriptions and availability), as well as the infrastructure used to provide such content and information, is proprietary to Travel Agent or its licensors. While you may make limited copies of your travel itinerary (and related documents) for your bookings made through Travel Agent for your personal use, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from or through the Services or the Site.

You agree to defend, indemnify, and hold Travel Agent and its representatives, agents, suppliers, vendors, providers, employees, owners, directors, officers, successors, and assigns (in each case, a “Beneficiary”) harmless from and against any and all damages, liabilities, losses, costs, fines, taxes, attorney’s fees, and expenses (“Costs”), arising out of or related to your acts, errors, omissions, representations, warranties, breaches, or violations, regardless of legal theory. Further, if you use the Site on behalf of a third party, such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use and must inform the party of this Contract, including all rules and restrictions; and each user using the Site on behalf of a third party agrees to indemnify and hold Travel Agent and any Beneficiary harmless from and against any and all Costs relating to the third party’s or the user’s failure to fulfill any of its obligations as described above. Each Beneficiary shall provide prompt written notice of and cooperate in the defense of any claim.

Pursuant to the Digital Millennium Copyright Act ("DMCA"), if you believe content on the Site violates your copyright(s), you may submit an "Infringement Notice” to our DMCA Department, [email protected]. Your Infringement Notice must contain: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf, (b) an identification of the copyright claimed to have been infringed, (c) a description of the nature and location of the material that you claim infringes on your copyright, in sufficient detail to permit us to find and identify that material, (d) your name, address, telephone number, and email address, and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent, and (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. We will respond to compliant Infringement Notices, including as appropriate, by removing or disabling links to the offending material. If we take action, we will make a good faith attempt to contact the party who made the content available at the party’s most recent email address. Under the DMCA, you may be liable for damages based on material misrepresentations in your Infringement Notice. You should also make a good-faith evaluation regarding fair use. If you are unsure about an Infringement Notice, you should first contact an attorney.

If you have a good faith belief that we removed your content in error, you may submit a “Counter Notice” to [email protected] with the following information: (a) your name, address, and phone number, (b) any ID found at the bottom of any notification, (c) the location of the content we removed, (d) a statement under penalty of perjury that you have a good faith belief that the content was removed in error, (e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the applicable parties may be found, and that you will accept service of process from the person who provided the original complaint, and (f) a physical or electronic signature. If we receive notice that a user has repeatedly infringed copyrights, we may suspend and/or terminate the user’s account or take any other action in our discretion under our repeat infringer policy.

Travel Agent may modify the terms of this Contract at any time by posting a new version on the Site, and you should review the Contract each time you use the Site or Services. If you do not agree to the modified terms, you will not be bound by the modified terms if you email [email protected] within 30 days of the date of the modified terms, outlining your disagreement, and thereafter discontinuing your use of the Site and the Services; if you do so, you will still be bound by any prior version of the terms. This Contract may not otherwise be amended except in writing, signed by you and Travel Agent. This Contract constitutes the entire contract between you and Travel Agent with respect to the subject matters hereof. This Contract is severable. If any provision of this Contract is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced to the fullest extent. You agree that Travel Agent may assign this Contract and any incorporated contracts in its sole discretion. Headings are for reference purposes only. Except as expressly set forth herein, nothing in this Contract shall be construed as creating or constituting a partnership, joint venture, or agency relationship between you and Travel Agent (or any Beneficiary). Travel Agent’s failure to insist on strict performance of this Contract or to act with respect to a breach does not waive any of its rights.