USER
AGREEMENT
The Use of the TravelMake.com web site is conditional upon your
agreement to the User Agreement below. Your continued use of this web
site and its content constitutes your agreement to be bound by these
terms.
The terms "we", "us" and "Company" refers to TravelMake.com, its
affiliate partners and/or their respective suppliers and providers,
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
TravelMake.com and its partners. 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
TravelMake.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
TravelMake.com, an unreasonable or disproportionately large load on the
TravelMake.com or its partners' 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 TravelMake.com.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of this website are property of TravelMake.com. 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, TRAVELMAKE.COM 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 TRAVELMAKE.COM
DOES NOT
GUARANTEE THE ACCUARACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. TRAVELMAKE.COM MAY MAKE IMPROVEMENTS AND/OR
CHANGES
ON THIS WEBSITE AT ANY TIME. TRAVELMAKE.COM 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 TRAVELMAKE.COM. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
AND
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TRAVELMAKE.COM
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 TRAVELMAKE.COM ARE
INDEPENDENT
CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELMAKE.COM.
TRAVELMAKE.COM 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. TRAVELMAKE.COM 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
TRAVELMAKE.COM 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 TRAVELMAKE.COM, 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 other
parties. Such hyperlinks are provided
for your reference only. TravelMake.com does not control such websites
and is
not responsible for their contents or your use of them.
TravelMake.com'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 our affilate partners.
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, our affiliate partners hereby grant 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 our affiliate partners,
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 travel services 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.