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LIMBOTRAVEL USER AGREEMENT
The terms "we", "us" and "Company" refers to limboTravel, L.P.,
its affiliates and/or their respective suppliers and providers ("limboTravel"),
and "you" refers to the customer booking a reservation though us
directly through this website, or indirectly through any of our
affiliates through whom we provide services. All reservations you
book through us are subject to the following terms, conditions and
notices as they exist at the time the reservation is made. We
reserve the right to change these terms, conditions and notices
and you agree to accept and be bound by the terms, conditions and
notices that are in effect at the time of your use of our website
and facilities.
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 limboTravel. 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 limboTravel;
(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 limboTravel, an unreasonable or disproportionately
large load on the limboTravel 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 limboTravel.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are: ©2003 limboTravel, 10440
North Central Expressway, Suite 400, Dallas, Texas 75231 USA. All
rights reserved. limboTravel and the limboTravel logo are
registered trademarks or trademarks of Hotels.com, L.P. 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, limboTravel DOES 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 LIMBOTRAVEL DOES NOT GUARANTEE THE ACCUARACY OF THE RATINGS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
LIMBOTRAVEL MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE
AT ANY TIME.
LIMBOTRAVEL MAKES 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 LIMBOTRAVEL. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
LIMBOTRAVEL 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 LIMBOTRAVEL ARE INDEPENDENT CONTRACTORS AND NOT
AGENTS OR EMPLOYEES OF LIMBOTRAVEL . LIMBOTRAVEL IS 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. LIMBOTRAVEL HAS 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 LIMBOTRAVEL 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 LIMBOTRAVEL , HAS 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 the Company, 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:
- you or on your behalf in excess of the liability described
above; or
- by third parties as a result of:
- your breach of this agreement or the documents referenced
herein;
- your violation of any law or the rights of a third party;
or
- your use of this website.
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 limboTravel. Such hyperlinks are provided for
your reference only. limboTravel does not control such websites
and is not responsible for their contents or your use of them.
limboTravel'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") is the copyrighted work of limboTravel. 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.
For any Software not accompanied by a License Agreement,
limboTravel hereby grants to you, the user, a personal,
nontransferable license to use the Software for viewing and
otherwise using this website in accordance with these terms and
conditions and for no other purpose.
Please note that all Software, including, without limitation,
all HTML code and Active X controls contained on this website, is
owned by limboTravel, 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 United
States of America (“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
Prepaid Hotel Transactions
You agree that your credit card will be charged for the full
cost of your reservation upon submitting your reservation request.
The cost of your reservation is the total of the indicated room
rate multiplied by the number of days in your reservation, plus an
additional amount for the tax recovery charges and our service
fees. The tax recovery charge is assessed to recover the amount we
pay to the hotel in connection with your reservation for sales and
use, occupancy room tax, excise tax, value added and other similar
taxes, and the balance of the additional amount is a fee we charge
in connection with the handling of your reservation. Our service
fee varies based on the amount and location of your reservation.
We are not the vendor collecting and remitting said tax to the
applicable tax authorities. The vendors bill all applicable taxes
to us and we remit such tax directly to the vendor. We are not 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. Our 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.
You may cancel or change your prepaid reservation, but you will
be charged the cancellation or change fee indicated on the
reservation order form. In addition, if you do not cancel or
change your reservation before the cancellation policy period
applicable to the hotel you reserved, which varies by hotel
(usually 24 to 72 hours prior to your date of arrival), you will
be subject to a charge of one night's room rate, tax recovery
charges and service fees. No refunds will be made for no-shows or
early checkouts. See the hotel description for the cancellation
policy period for each hotel. You agree to pay any cancellation or
change fee that you incur. In some cases, hotels do not permit
changes to or cancellations of reservations after they are made,
generally for stays during holiday periods or special events. You
will be notified before the reservation order is completed and
your credit card is charged if a reservation is non-refundable or
non-changeable. You agree to abide by the terms and conditions
imposed with respect to any conditions imposed with respect to any
completed reservation order for a hotel stay as specified on the
reservation order form.
The Company attempts to secure the best hotel rates available.
The Company's guarantee provides limited assurance that our rates
on prepaid hotel transactions are the lowest rates available. If a
lower room rate is available to you for the same dates and the
same hotel within 24 hours of the time you booked and prepaid your
reservation and you contact us within that 24-hour period, we will
either refund the difference or cancel your reservation without
cancellation fee or other charge. This guarantee does not apply to
special events such as New Year's Eve and the Super Bowl or to
non-refundable or non-changeable reservations.
Travel Destinations
Although most travel, including travel to international
destinations, is completed without incident, travel to certain
destinations may involve greater risk than others. limboTravel
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, LIMBOTRAVEL 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
limboTravel 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 limboTravel's website and
facilities.
GENERAL
By using this website or booking a reservation through us you
agree that the internal laws of the State of Texas, without regard
to the principles of conflicts of laws, will govern this agreement
and any dispute of any kind that arises between you and the
Company or its affiliates. You hereby agree that any dispute
arising from or relating to the use of this website or hotel
reservations made through us may, if not amicably resolved, be
resolved only through binding arbitration between you and us under
the commercial rules of the American Arbitration Association. This
arbitration, which shall be conducted in Dallas County, Texas, USA
before neutral arbitrators, shall not involve other customers, be
combined with separate arbitrations involving other customers, or
proceed as any type or form of class action in which the claims of
similarly-situated customers are pursued together. Use of this
website is unauthorized in any jurisdiction that does not give
effect to all provisions of this agreement, including, but not
limited, to this paragraph. We reserve the right to comply with
law enforcement requests or requirements relating to your use of
this website or information provided to or gathered by the Company
with respect to your use of this website. If any provision of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law by any court of competent jurisdiction, the other
provisions of this agreement will remain in full force and effect.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and the Company as a result
of this agreement or use of this website.
We reserve the right to comply with law enforcement requests or
requirements relating to your use of this website or information
provided to or gathered by the Company with respect to your use of
this website.
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
the Company with respect to this website and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between the customer and the Company
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 LIMBOTRAVEL WEBSITE
The limboTravel 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 limboTravel debiting your account for any costs limboTravel
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.
SELLER OF TRAVEL
California registration number: 2059975-40
Registration as a seller of travel in California does not
constitute the state's approval.
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 limboTravel
does not warrant or guarantee such accuracy. When using this
information for any financial purpose, limboTravel advises the
customer to consult a qualified professional to verify the
accuracy of the currency rates. limboTravel does 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.
limboTravel. All rights reserved.
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