 |
|
|
Terms of Use
PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THE SITE (the "Site")
Galileo NetFares is a product of Galileo Canada, which is a proud member of
the Cendant Travel Distribution Services family of companies.
By using the Site, you signify your binding agreement to these Terms. We
reserve the right, in our sole discretion, to change, modify, add, or remove
portions or all of these Terms at any time. Please check these Terms
periodically for changes. Your continued use of the Site following the
posting of changes to these Terms (including our "Privacy Policy")
constitutes your binding acceptance of those changes.
Further, we may change any or all content on the Site, including, but not
limited to, products, programs, and/or services described on or offered
through the Site, without notice and without liability.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to,
images, illustrations, text, audio clips, and video clips, are protected by
or consist of copyrights, trademarks, service marks, and/or other
intellectual property rights ("Intellectual Property"). The Intellectual
Property is governed and protected by United States and worldwide copyright,
trademark, and/or other intellectual property laws and treaty provisions,
privacy and publicity laws, and communications regulations and statutes. The
Intellectual Property is owned or controlled by us or other parties that
have licensed to us the right to use their Intellectual Property or the
right to market their products and/or services (collectively the "IP
Providers").
The Intellectual Property is provided solely for your personal,
non-commercial use. You agree to abide by all additional copyright notices,
information, or restrictions contained in any material or content on the
Site. You may download any Intellectual Property solely for your personal,
non-commercial use, consistent with these Terms, provided that you maintain
all copyright and other notices contained in such Intellectual Property. You
may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit any Intellectual Property in any way (including by e-mail or
other electronic means) without our prior written consent or that of the IP
Providers. Modification of any Intellectual Property or use of any
Intellectual Property for any other purpose is a violation of the
copyrights, trademark rights, and other proprietary rights. The use of any
Intellectual Property on any other site or networked computer environment,
or maintaining unauthorized links to the Site, is prohibited by these Terms.
All software, applications, and modules (collectively, "software") used on
the Site are proprietary to or licensed to us by other parties ("Software
Providers", together with IP Providers, the "Providers"). You may not
reproduce, reverse engineer, create derivative works of, reverse assemble or
reverse compile, sell, lease, distribute, rent, assign, transfer, or modify
any software on the Site.
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export the
Intellectual Property to countries or persons prohibited under United
States' export control laws. By using, copying, or downloading any portion
of the Intellectual Property, you are representing that you are not in a
country where such export is prohibited; that you are not on the US Commerce
Department's Table of Denial Orders or the US Treasury Department's list of
Specially Designated Nationals; and that you are not providing access to the
Intellectual Property to any person similarly situated.
INFORMATION SENT FROM USERS
Content you send to us, as between the two of us, whether via e-mail, forms,
messages, ideas, and/or suggestions, becomes our sole property and is
transmitted at your sole risk. You hereby represent and warrant that you own
or have the right to submit the foregoing to us. We will respond to customer
service questions in accordance with our "Privacy Policy."
You are strictly prohibited from uploading to the Site any material that
contains any virus, worm, "trojan horse," time bomb, or similar
contaminating or destructive feature. Violators may be prosecuted to the
maximum extent of the law.
LEGAL RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account
information and your password, and for all activities that occur under your
account and/or password. We do not knowingly sell any of our products or
services to anyone under the age of 18. By using the Site, you represent
that you are of sufficient legal age to use the Site, and create binding
legal obligations for any liability incurred as a result of your use of the
Site. If you become aware that an unauthorized person may have access to
your password, you should change your password immediately and contact us.
The Site may contain links to sites that are not maintained by us. While we
make every effort to include links to only those sites that are in good
taste and safe for our visitors, we do not regularly review materials posted
at such sites. These links are provided solely as a convenience to you. We
do not necessarily endorse all of the materials appearing on such sites. We
shall not be responsible for, and we make no representation regarding, the
content on such sites. If you choose to link to any third-party site, you do
so at your own risk.
PRIVACY
You have read our Privacy Policy, the terms of which are incorporated
herein, and agree to such terms.
TERMS OF PURCHASE
You may use the Site to make legitimate reservations and/or purchases, but
you cannot use the Site to make any speculative, false, or fraudulent
reservation, any reservation in anticipation of demand, or for any purpose
that is deemed unlawful or prohibited by these Terms. Violators may be
prosecuted to the maximum extent of the law. You cannot (i) use any device,
software, or routine that interferes or attempts to interfere with the
normal operation of the Site; (ii) perform any action that is deemed by us
to impose a burden or unreasonable load on our computer equipment; (iii) use
any "robot," "spider," or other automatic device (or a program, algorithm,
or methodology with similar processes or functionalities), or any manual
process or functionality, to monitor, assemble, analyze, index, copy,
transmit, distribute, transfer, or link to any of the pages, data,
materials, or content available on this Site.
Unless otherwise stated, all of the services and products offered on the
Site are subject to the following: Offers: (i) are informational only and
may not reflect current availability; (ii) apply to US and Canadian
point-of-sale and point-of-ticketing only (void where prohibited by law) and
prices quoted are in US or Canadian Dollars; (iii) are limited time offers;
and (iv) unless otherwise stated, are "per adult." All offers, prices, and
conditions of sale may be subject to: (a) change without notice; (b) advance
purchase, eligibility, seating, or other limitations; (c) travel days,
dates, minimum or maximum stays, holidays, seasons, blackout dates,
stopovers, and/or waitlisting restrictions; (d) reservation validation
limitations of up to one year (if any extension permitted,
penalties/restrictions may apply); and/or (e) other conditions/restrictions.
Lower prices may be available. If your itinerary involves an ultimate
destination or stop in a country other than the country of departure, the
provisions of a treaty known as the "Warsaw Convention" may be applicable to
your entire trip, including any portion entirely within the country of
origin or destination. The Warsaw Convention governs and may limit the
liability of certain air carriers for death of or personal injury to
passengers and/or loss of or damage to baggage.
You agree to abide by all other additional terms and conditions applicable
to your reservation(s), purchase(s) of goods and services, request(s) to
purchase, use of software, and other uses of portions of the Site,
including, but not limited to, paying all amounts owed on a timely basis and
complying with all rules and restrictions regarding availability of fares,
paper airline tickets, products, programs or services, and use of software.
Because you agree to be legally responsible for the purchase terms related
to all of your reservations and for all charges, fees, penalties, duties,
taxes, and assessments that result from your use of the Site, we encourage
you to take the time to carefully review the terms of the offer, including,
but not limited to, any fare or rate rules related to an airfare purchase.
If you do not understand the fare or rate rules, or any code-share flight
information, please contact us.
No reservation is complete until confirmed/ticketed. To protect our
customers, we verify with the credit/debit card company that the billing
address and credit card verification number you provided to us is accurate
and that the debit/charge will be accepted. Until such information is
verified, the fare is subject to change. We are not responsible for any
transaction that is declined based upon a credit/debit card that is declined
by the issuing company or a travel provider or if, for any reason, the
debit/credit card billing address and/or credit card verification number
cannot be verified in a timely manner, nor are we responsible for any
changes in fare or any other charges that may occur during our verification
process.
Unless otherwise specified, once confirmed/ticketed, most reservations
cannot be transferred, changed, upgraded, or cancelled/refunded; if a
transfer, change, upgrade, or cancellation/refund is permitted, penalties
will apply, including additional service, processing, and/or cancellation
fees to be assessed by us and/or the travel provider(s). If you wish to
change or cancel a reservation, contact us immediately.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS PROVIDED BY THE SITE ARE PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS
OR DISTRIBUTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND
MATERIALS PROVIDED ON THE SITE; (2) ANY WARRANTIES THAT THE FUNCTIONS
CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY
WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND
MATERIALS PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS
ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER
INFORMATION FROM THE SITE. IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR
DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE
IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE
SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR
PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES SET FORTH IN THE
ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE OF ACTION
ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF
PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR
FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS
COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN
RISK.
THE SITE AS INTERMEDIARY
WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF
TRAVEL-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING
RESERVATIONS OR BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND
GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL
INSURANCE, ETC.). WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY
ACTIONS OR OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY
LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR TRAVEL COMPANION(S), IF
ANY. WE DO NOT GUARANTEE ANY OF SUCH PROVIDER'S RATES, BOOKINGS,
RESERVATIONS OR OTHER PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY
DISRUPTION OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING
FROM BANKRUPTCY OF ANY TRAVEL PROVIDER(S), OR DUE TO MONETARY CRISIS,
POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION
DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS,
INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE" (I.E.,
THOSE BEYOND OUR REASONABLE CONTROL).
TERMINATION
We reserve the right, in our sole discretion, and without liability, to
terminate your access to all or part of the Site, with or without notice,
for any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each
of their respective officers, directors, employees, and agents, from and
against any claim, cause of action, or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf in excess
of the liability described herein or by third parties as a result of your
use of the Site.
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein,
constitutes the entire agreement with respect to this Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, with respect to this Site. A printed version
of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form. For Canadian users, these Terms shall be governed by and
construed in accordance with the laws of the Province of Ontario, and the
Federal laws operative therein, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising out
of or relating to these Terms shall be filed only in the Provincial or
Federal courts located in Toronto, Ontario, and you hereby agree to consent
and submit to the exclusive personal jurisdiction of such courts for the
purposes of litigating any such action. For US users, these Terms shall be
governed by and construed in accordance with the laws of the State of New
York and the Federal laws operative therein, without giving effect to any
principles of conflicts of law. You agree that any action at law or in
equity arising out of or relating to these Terms shall be filed only in the
State or Federal courts located in New York, and you hereby agree to consent
and submit to the exclusive personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these Terms
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
**********
|
|
|
|
Print this Page