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TRAVELTON.COM, USER AGREEMENT
This website is offered to you, the customer,
conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use
of this website constitutes your agreement to all such
terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This website is for your personal and noncommercial use.
The content and information on this website (including,
without limitation, price and availability of travel
services), as well as the infrastructure used to provide
such content and information, is proprietary to
TRAVELTON.COM and IAN, L.P. or its suppliers and providers.
Accordingly, as a condition of using this website, you
agree not to use this website or its contents or
information for any commercial or non-personal purpose
(direct or indirect). While you may make limited copies of
your travel itinerary (and related documents) for travel
or services purchased through this website, you agree not
to modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software,
products, or services obtained from this website. In
addition, whether or not you have a commercial purpose,
you agree not to:
(i) access, monitor or copy any content or information
of this website using any robot, spider, scraper or other
automated means or any manual process for any purpose
without express written permission of Travelton.com;
(ii) violate the restrictions in any robot exclusion
headers on this website or bypass or circumvent other
measures employed to prevent or limit access to this
website;
(iii) take any action that imposes, or may impose, in
the discretion of TRAVELTON.COM and IAN, L.P., an
unreasonable or disproportionately large load on the
TRAVELTON.COM and IAN, L.P. infrastructure; or
(iv) deep-link to any portion of this website (including,
without limitation, the purchase path for any travel
services) for any purpose without express written
permission of TRAVELTON.COM and IAN, L.P.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are: ©2003 TRAVELTON.COM
and IAN Other product and company names mentioned herein
may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. IN PARTICULAR, IAN.COM, L.P. AND ITS
AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM
LIABILITY FOR INACCURACIES RELATING TO HOTEL AND OTHER
SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE
AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL
AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS
WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE
RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS
WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND
IAN.COM, L.P. AND ITS AFFILIATES DO NOT GUARANTEE THE
ACCUARACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. IAN.COM, L.P., ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
TRAVELTON.COM and IAN, L.P., ITS AFFILIATES, AND/OR
THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE,
AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR
SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY
ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES
BY IAN.COM, L.P. OR ITS AFFILIATES.. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. IAN.COM, L.P., ITS
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING
TRAVEL OR OTHER SERVICES FOR IAN.COM, L.P. ARE INDEPENDENT
CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF IAN.COM, L.P.
OR ITS AFFILIATES. IAN.COM, L.P. AND ITS AFFILIATES ARE
NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY
SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH,
PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. TRAVELTON.COM and IAN, L.P. AND ITS AFFILIATES
HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF
ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE
MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND
THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR
AUTHORITY.
IN NO EVENT SHALL TRAVELTON.COM and IAN, L.P., ITS
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY
OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS
WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS
WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, EVEN IF IAN.COM, L.P., ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS 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.
INDEMNIFICATION
You agree to defend and indemnify TRAVELTON.COM and IAN,
L.P., its affiliates, and/or their respective suppliers
and any of their officers, directors, employees and agents
from and against any claims, causes of action, demands,
recoveries, losses, damages, fines, penalties or other
costs or expenses of any kind or nature including but not
limited to reasonable legal and accounting fees, brought
by
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of the liability described above; or
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(a) your breach of this agreement or the
documents referenced herein;
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(b) your violation of any law or the rights of a
third party; or
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(c) your use of this website.
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NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant
that you will not use this website for any purpose that is
unlawful or prohibited by these terms, conditions, and
notices.
LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites
operated by parties other than TRAVELTON.COM and IAN, L.P.
Such hyperlinks are provided for your reference only.
TRAVELTON.COM and IAN, L.P. does not control such websites
and is not responsible for their contents or your use of
them. TRAVELTON.COM and IAN, L.P.'s inclusion of
hyperlinks to such websites does not imply any endorsement
of the material on such websites or any association with
their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from
this website ("Software") might be the
copyrighted work of TRAVELTON.COM or IAN, L.P., its
affiliates, and/or their suppliers. Your use of the
Software is governed by the terms of the end user license
agreement, if any, which accompanies, or is included with,
the Software ("License Agreement"). You may not
install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the
License Agreement terms.
Please note that all Software, including, without
limitation, all HTML code and Active X controls contained
on this website, is owned by TRAVELTON.COM or IAN, L.P.,
its affiliates, and/or their suppliers, and is protected
by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is
expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying
documentation and/or technical information are subject to
applicable export control laws and regulations of the USA.
You agree not to export or reexport the Software, directly
or indirectly, to any countries that are subject to USA
export restrictions.
TERMS, CONDITIONS AND WARRANTIES
Tax Recovery Charge
The tax charge on TRAVELTON.COM and IAN Special
Internet 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 TRAVELTON.COM and IAN’s affiliate Hotels.com, L.P.
pays to the vendors (e.g. hotels, etc.) in connection with
your travel arrangements.
TRAVELTON.COM and IAN is not the vendor collecting and
remitting said tax to the applicable tax authorities. The
vendors bill all applicable taxes to TRAVELTON.COM and
IAN.com’s affiliate Hotels.com, L.P. and Hotels.com.
L.P. remits such tax directly to the vendor. Neither
IAN.com nor Hotels.com, L.P. is a co-vendor associated
with the vendor with whom we book or reserve our customer's
travel arrangements.
Taxability and the appropriate tax rate vary greatly by
location. Hotel.com, L.P.’s actual tax cost paid to the
vendor may vary from the tax recovery charge, depending
upon the rates, taxability, etc. in effect at the time of
the actual use of the hotel, automobile, etc. by our
customer.
Service Fee
These fees cover the costs incurred by IAN in servicing
your travel reservation.
Travel Destinations
Although most travel, including travel to international
destinations, is completed without incident, travel to
certain destinations may involve greater risk than others.
TRAVELTON.COM urges passengers to review travel
prohibitions, warnings, announcements and advisories
issued by the United States Government prior to booking
travel to international destinations. 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/ofac
and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL
DESTINATIONS, TRAVELTON.COM and IAN, L.P. DOES NOT
REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS
ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES
OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
MODIFICATION OF THESE TERMS AND CONDITIONS
TRAVELTON.COM and IAN, L.P. reserves the right to
change the terms, conditions, and notices under which this
website is offered and you agree to accept and be bound by
those terms, conditions, and notices that are in effect at
the time of your use of TRAVELTON.COM and IAN’s website
and facilities.
GENERAL
This agreement is governed by the laws of the State of
Texas, USA. You hereby consent to the exclusive
jurisdiction and venue of courts in Dallas County, Texas,
USA, in all disputes arising out of or relating to the use
of this website. Use of this website is unauthorized in
any jurisdiction that does not give effect to all
provisions of these terms and conditions, including,
without limitation, this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and
TRAVELTON.COM and IAN, L.P. as a result of this agreement
or use of this website.
IAN, L.P.'s performance of this agreement is subject to
existing laws and legal process, and nothing contained in
this agreement is in derogation of IAN, L.P.'s right to
comply with law enforcement requests or requirements
relating to your use of this website or information
provided to or gathered by IAN, L.P. with respect to such
use. Website graphics and some services not related to
travel, reservations, bookings, software used and
destination guides are subject to italian law and the
court of justice of Milan, Italy.
If any part of this 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
agreement shall continue in effect.
This agreement (and any other terms and conditions
referenced herein) constitutes the entire agreement
between the customer and TRAVELTON.COM and IAN, L.P. with
respect to this website and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral, or written, between the customer and
TRAVELTON.COM and IAN.com, L.P. with respect to this
website. 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.
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.
USE OF TRAVELTON.COM and IAN WEBSITE
The TRAVELTON.COM and IAN website is provided solely to
assist customers in determining the availability of
travel-related goods and services and to make legitimate
reservations or otherwise transact business with suppliers,
and for no other purposes. You warrant that you are at
least 18 years of age and possess the legal authority to
enter into this agreement and to use this website in
accordance with all terms and conditions herein. You agree
to be financially responsible for all of your use of this
website (as well as for use of your account by others,
including, without limitation, minors living with you).
You agree to supervise all usage of this website by minors
under your name or account. You also warrant that all
information supplied by you or members of your household
in using this website is true and accurate. Without
limitation, any speculative, false, or fraudulent
reservation or any reservation in anticipation of demand
is prohibited. You agree that the travel services
reservations facilities of this website shall be used only
to make legitimate reservations or purchases for you or
for another person for whom you are legally authorized to
act. You understand that overuse or abuse of the travel
services reservation facilities of this website may result
in you being denied access to such facilities.
Separate terms and conditions will apply to your
reservation and purchase of travel-related goods and
services that you select. You agree to abide by the terms
or conditions of purchase imposed by any supplier with
whom you elect to deal, including, but not limited to,
payment of all amounts when due and compliance with the
supplier's rules and restrictions regarding availability
and use of fares, products, or services. You understand
that any violation of any such supplier’s conditions of
purchase may result in cancellation of your reservation(s)
or purchase, in your being denied access to any flights,
hotels, or automobiles, in your forfeiting any monies paid
for such reservation(s) or purchase, and in IAN debiting
your account for any costs IAN incurs as a result of such
violation. You shall be completely responsible for all
charges, fees, duties, taxes, and assessments arising out
of the use of this website.
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. The information supplied by this application
is believed to be accurate, but IAN.com, L.P., its
affiliates, and/or their suppliers do not warrant or
guarantee such accuracy. When using this information for
any financial purpose, TRAVELTON.COM and IAN, L.P. advises
the customer to consult a qualified professional to verify
the accuracy of the currency rates. TRAVELTON.COM and IAN,
L.P., its affiliates, and/or their suppliers do not
authorize the use of this information for any purpose
other than personal use and prohibit to the maximum extent
allowable the resale, redistribution, and use of this
information for commercial purposes.
©2003 TRAVELTON.COM and IAN, L.P. All rights reserved.
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