Welcome to the Flightszoom ("Flightszoom`", "we", "our", "us") website Flightszoom.com (collectively, the "Site"). This Site is provided by us solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. Use of the Site is governed by the following Terms & Conditions. By using the Site, whether to review information or to book travel reservations (through this Site or telephone with our call center), or for any other purpose, you agree to these Terms & Conditions and agree they control any travel reservations made with us. If you do not agree with any part of these Terms & Conditions, you must not use the Site or book travel reservations with us. We reserve the right to amend these Terms & Conditions at any time without prior notice. All amended terms automatically take effect when these Terms & Conditions are updated. Your continued use of the Site following the posting of changes to the Terms & Conditions will mean you accept those changes. Please return to this page periodically to review any changes.
Any and all statements made in these Terms & Conditions related to Flightszoom are also made on behalf of our affiliates, subsidiaries and parent companies, including all disclaimers.
INTRODUCTIONSAFE SHOPPING GUARANTEE
Flightszoom values your trust. We seek to use reasonable organizational, technical, and administrative measures to protect your personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify customer service at 0203-002-0056 or feedback@Flightszoom.com so that we have an opportunity to try to address your concerns.
BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED BELOW.
Flightszoom does not act as principal but makes arrangements with third-party vendors , such as, but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, traveler assist service providers, insurance providers and activities suppliers (each a "Travel Supplier") for travel-related services which include, without limitation, air transportation, lodging, and car rental (each a "Service Element").
By using this Site, you acknowledge that the rates offered by Flightszoom and affiliate companies are a result of negotiation between Flightszoom and the Travel Suppliers and include certain fees retained by them for their services, taxes and other charges. When booking with any Travel Supplier thru this Site, you authorize Flightszoom and affiliate companies to book reservations or enter a contract on your behalf with Travel Suppliers for the total price displayed, including such fees and any applicable taxes or charges related to the Travel Supplier's or Flightszoom's services.
Flightszoom shall not be liable for errors or inaccuracies on the Site, or the failure of Travel Suppliers from whom you obtain services through this Site, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages, activities suppliers, traveler assist service providers and insurance providers. Flightszoom, in providing travel management services, does not endorse, guarantee or insure the products or services which are provided by an external supplier, the financial position of such suppliers or the reimbursement to you from any loss as a result of the financial condition of such supplier. In the event that a supplier defaults prior to providing the service to you where a payment has been made, your sole recourse for a refund shall be the defaulting supplier, from insurance covering such defaults if any, or from other responsible third party unless such loss was caused solely by Flightszoom. In those situations in which a supplier defaults prior to providing services you may pursue any recourse against the supplier for a refund, as permitted by law or statute.
Except as expressly stated herein, Flightszoom assumes no responsibility for actions relating to travel services beyond the control of Flightszoom or its employees. Flightszoom is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any Travel Supplier. Flightszoom shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to booking and payment for such service. Flightszoom shall not be liable for any cancellation, overbooking, delay, re-routing, strike, any weather occurrence or governmental occurrence as it affects your travel reservation made with us. Flightszoom shall not be liable for the depiction of travel products and services made available by any supplier of travel products and services, including but not limited to photographs, listed amenities, ratings, and discounts.
Flightszoom acts as a service that provides value added service to retail travel agents and consumers. Flightszoom has no control over and assumes no liability for the actions of thb>e suppliers from whom it obtains travel products or services.
Flightszoom shall not be liable for final currency conversion or rates when paid after a travel reservation is made with us for international travel products and services. You agree and acknowledge that currency rates vary and any quoted price on the Site in local currency is a guideline, and not binding on us or the Travel Supplier.
Once certain travel reservations are made and paid for they may be completely non-refundable or there may be a penalty involved in cancellation or seeking a refund from the supplier of travel products and services. Once tickets have been issued there may be a penalty involved for cancellations and refunds. We do not have control over printed prices on the tickets, although some tickets may have BT (bulk fare) printed on them, some may have a specific value on them, which may be different (lower or higher) than the fare collected.
Discounts offered may vary depending on a number of factors including airlines utilized, class of service, destination, time of year (low, mid or high season), advance notice provided, minimum stay requirements fulfilled and flight load.
Flightszoom does not guarantee, endorse, validate or promote other advertiser's products and services that are advertised on our Site.
By booking with us a contract may be formed between you and a Travel Supplier, and additional Terms & Conditions may apply to your booking and purchase of travel-related goods and services. Please read the additional Terms & Conditions provided by such Travel Supplier carefully. You hereby agree to be bound by all the Terms & Conditions of purchase imposed by any Travel Supplier with whom you choose to contract, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier's rules and restrictions regarding availability and use of fares, products, or services. Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay or during the use of the reserved products or services. Such deposit is unrelated to any payment received by Flightszoom for your hotel, car or airline ticket booking. You understand that any violation of a Travel Supplier's rules and restrictions may result in the cancellation of your reservation(s), in denial of access to the respective Service Element or services, in your forfeiting any amount paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
*Immediate family is defined as: spouse, domestic partner, children, parents, siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews. Eligibility applies whether the relationship is biological, adoptive, step, in-law or domestic partner, foster, or ward/legal guardian.
Please note: The above CEP only applies to Flightszoom's own cancellation, refund or ticket change service fees. Customers may still be responsible for airline and/or other supplier imposed penalties, as well as any fare difference. Flightszoom does not control the policies of these airlines and/or other suppliers
BEST PRICE GUARANTEE (BPG)
In the unlikely event that you find a lower rate on Flightszoom or on another U.S.-based website for the same itinerary within 24 hours of booking with Flightszoom, we will either cancel your current itinerary and provide you a full refund, or refund you the entire difference in price. You will need to provide documentation that all the elements of the lower offer , including, without limitation, the departure and arrival dates and locations, airline, class, fare, cancellation policy, hotel room, hotel rate, car class and any other material conditions are the same as the itinerary you booked with us and available for booking online. Once we've verified that the information provided meets the requirements of the BPG, we will process a full refund of the price difference between the lower offer and the price of the itinerary you booked with us, or, at your option, cancel the itinerary you booked with us and refund to you the entire amount paid. The following offers are not subject to this Best Price Guarantee: Military, Student, Government, Tour Operator Fares, Bulk Rate or an airline's "Web Only" fare. Please see complete Best Price Guarantee terms and conditions for full details.Notifying Flightszoom of a Best Price Guarantee Claim:
You must email us at bpg@Flightszoom.com along with competitor's offer, name of competitor, and screenshots of flights actually available to be booked from a reputable U.S website within twenty-four (24) hours after your Flightszoom booking to make a claim under the Best Price Guarantee. The lower rate must be available for booking at the time you contact us, as determined by our customer service representatives.
The Best Price Guarantee is available only if the lower priced offer matches exactly each and every element present in itinerary booked with us, - such as same, specific carrier or provider (including same class of service and refund policy), - the exact same dates and times of travel or service, the same airfare class, hotel room type, car class and any other material conditions as booked through Flightszoom. The comparison must be with the same product stand-alone through another website. The Best Price Guarantee is not available for bookings on websites where the carrier booking details are unknown until after purchase, such as an auction website or a website offering opaque fares. You must meet all requirements imposed by the lower price offer (if any), including, without limitation, residency, regional and age-related requirements. The interpretation given by Flightszoom to these rules is final and binding.
Comparison rates must be available to the general public online. The Best Price Guarantee applies only to prices both advertised and available to the general public on an English-language website. For example, this does not include rates offered on membership program websites, corporate discounts or rates; group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices; prices obtained via auction or similar process; or prices available only by using a coupon or other promotion not offered to the general public. In ordered to be considered by Flightszoom, the lower rate may not come from a website where you call to get the rate, or from an e-mail that you received.
Verification of Best Price Guarantee Claims:
All requests, including receipts, are subject to verification by Flightszoom. Flightszoom will not accept evidence of a lower price that cannot be independently confirmed by Flightszoom personnel. Flightszoom will also not verify any request that it believes, in its sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith. Within approximately 7-10 days of verification, Flightszoom will credit or refund the fare difference as stated in the "Best Price Guarantee."Changes to the BPG:
Flightszoom reserves the right in its sole discretion to modify or discontinue the Best Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your booking will determine your eligibility under the Best Price Guarantee. No change in the Best Price Guarantee will affect any coupon that has already been issued to you. The failure by Flightszoom to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
LIMITATIONS OF LIABILITY/DISCLAIMERNOTE TO NEW JERSEY RESIDENTS: THE SECTION BELOW ENTITLED "NOTICE TO NEW JERSEY RESIDENTS" SHALL SUPERSEDE AND REPLACE THIS PARAGRAPH FOR ALL NEW JERSEY RESIDENTS
The information and offers contained on the site (including text, graphics, links or other material) are provided on an "as is," and "where available" basis. Flightszoom makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the site or any related materials, products, services, or information.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, 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 or associated with any email or links sent to you by Flightszoom. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, 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 or the travel reservations booked through Flightszoom (whether through this site or call center), 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-hundred and eighty (180) days 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. We are acting only as an intermediary or 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.) and are in no way liable for such providers' products and services.
NOTICE TO NEW JERSEY RESIDENTS
The following modifications to the Limitations of Liability/ Disclaimer section of these Terms & Conditions apply to residents of New Jersey:
THE INFORMATION AND OFFERS (INCLUDING TEXT, GRAPHICS, LINKS OR OTHER MATERIAL) CONTAINED IN THE SITE ARE PROVIDED ON AN "AS IS" AND "WHERE AVAILABLE" BASIS. Flightszoom MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, PRODUCTS, SERVICES, OR INFORMATION.
UNDER NO CIRCUMSTANCES SHALL OUR PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DAMAGES, FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SMART PHONE OR OTHER PROPERTY, FOR ANY LOSS OF DATA ON ACCOUNT OF YOUR ACCESS TO, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE OR FROM ANY EMAIL OR LINKS SENT TO YOU BY Flightszoom. IN NO EVENT SHALL OUR PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS , LOST BUSINESS, 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 OR THE TRAVEL RESERVATIONS BOOKED THROUGH Flightszoom (WHETHER THROUGH THIS SITE OR CALL CENTER), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY.
WE ARE ACTING ONLY AS AN INTERMEDIARY OR 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.) AND ARE IN NO WAY LIABLE FOR SUCH PROVIDERS' PRODUCTS AND SERVICES.
YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. WE ARE ACTING ONLY AS AN INTERMEDIARY OR 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.) AND ARE IN NO WAY LIABLE FOR SUCH PROVIDERS' PRODUCTS AND SERVICES.
THE LIMITATION OF LIABILITY CONTAINED IN THESE TERMS & CONDITIONS DOES NOT APPLY TO YOU FOR DAMAGES ARISING OUT OF OUR NEGLIGENCE OR WILLFUL MISCONDUCT OR ANY OTHER CAUSE OF ACTION ARISING FROM OUR ACTS BUT DOES APPLY TO THE ACTS OR OMISSION OF OTHERS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY CIRCUMSTANCES WILL NOT EXCEED $1,000.00 OR YOUR ACTUAL, OUT-OF-POCKET COSTS AND DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AS STATED IN THESE TERMS AND CONDITIONS.
By using the Site, you agree to irrevocably waive any claim against Flightszoom, its subsidiaries or affiliates, and any of such party's officers, directors, managers, agents, contractors, or employees, and expressly agree that neither Flightszoom nor any of its subsidiaries, affiliates, officers, directors, managers, agents, contractors or employees, shall be held liable for:
- any loss of or damage to property or injury to any person caused by reason of any defect, negligence, or other wrongful act of omission of, or any failure of performance of any kind by any Travel Supplier;
- any inconvenience, loss of enjoyment, mental distress or other similar matter;
- any delayed departure, missed connections, substitutions of accommodations, terminations of service, or changes in fares and rates;
- any cancellation or double-booking of reservations or tickets beyond the reasonable control of Flightszoom; and
- any claim of any nature arising out of or in connection with air or other transportation services, products or other features performed (or not) or occurring (or not) in connection with your itinerary.
For avoidance of doubt (and without limiting the foregoing), Flightszoom does not assume any liability whatsoever for cancelled flights, flights that are missed, or flights not connecting due to any scheduled changes made by the relevant airline.
TRAVEL PROTECTION PLAN DISCLAIMER
If you purchased the travel protection plan on or after May 1, 2015 you must read, understand and agree to the following Description of Coverage as provided by the travel protection supplier. If you purchased travel protection on or after February 1, 2015 and before May 1, 2015, you can view the applicable Description of Coverage here. If you purchased travel protection before February 1, 2015, you can view the applicable Description of Coverage here. Flightszoom is not liable for any actions or omissions of the insurance supplier.
You agree to protect and indemnify Flightszoom, its affiliates, partners, joint ventures and/or their respective suppliers and any of their respective officers, directors, managers, 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 provided that such limitation of liability is permitted by the law of your state of residence;
- your violation of any law or the rights of a third party; or
- your use of the Site.
If you have a dispute with a travel product or service supplier(s), including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages and activities suppliers, traveler assist service providers and insurance providers, you release us, our affiliates, partners, joint ventures and their respective officers, directors, managers, agents and employees from claims, demands and damages (direct, indirect, incidental, and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Transportation Security Administration of the U.S. Department of Homeland Security requires us to collect information from you for purposes of watch list screening, under the authority of 49 U.S.C. § 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. Providing this information is voluntary; however, if it is not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA Privacy policies, or to view the system of records notice and the privacy impact assessment, please see TSA's Web site at www.tsa.gov.
Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we may validate your name, address and contact number supplied by you during the booking process against appropriate third party databases. By accepting these Terms & Conditions you agree and authorize us to carry out such verification checks as stated herein. In performing these checks, you acknowledge and concur that such personal information you provide to us may be disclosed to a registered Credit Reference Agency which may keep a record of such information in whole or in part.Rest assured this verification process is performed for the sole purpose to verify and confirm your identity, and that this process does not perform a credit check, and your credit rating will not be affected whatsoever. All information provided by you to us is securely processed in strict accordance with the Data Protection Act of 1998.
SITE USAGE AND TICKET PURCHASE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with all Terms & Conditions herein. If you are using this Site and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms & Conditions. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true, current, complete and accurate. Furthermore you also confirm that the traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Whenever you make use of a Site feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with applicable laws and the best standards of internet courtesy and behavior. You undertake that any such contribution does comply as aforementioned, and you irrevocably undertake to fully indemnify us at all times for any breach of that warranty and undertaking. Any material you upload to the Site will be considered non-confidential and non-proprietary and we have the right to use, copy, store, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with these Terms & Conditions.
RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED.
Customer satisfaction is the foundation of our success. That's why, if a dispute arises between us, our goal is to resolve the dispute quickly in a fair and cost-effective way. Accordingly, we strongly encourage you, before taking any other action, to reach out to us by contacting customer service at 0203-002-0056 or feedback@Flightszoom.com so that we have an opportunity to try to address your concerns.
Otherwise, you and we agree that we will resolve any dispute, claim or controversy arising out of or relating to your use of the Site, these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of these Terms & Conditions (each, a "Claim"), in accordance with one of the subsections of this Resolution of Disputes section below or as otherwise mutually agreed by the parties in writing.
GOVERNING LAW; SUBMISSION TO JURISDICTION
These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise described in the Mandatory Arbitration provision below, any Claims shall be brought in a court located in New York County, the State of New York, USA. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. The preceding sentence does not apply to New Jersey residents.
Any and all Claims shall be resolved via binding arbitration initiated through JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) except for claims asserted on an individual basis that are properly filed in a small claims court or other court of competent jurisdiction having a jurisdictional limit of US$10,000 or less. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, except as set forth below, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the Terms & Conditions as a court would.
The arbitration will be governed by the JAMS Streamlined Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this Agreement, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.com or by calling JAMS at 0203-002-0056. If you initiate arbitration and the total amount in controversy is US$100,000 or less, the only fee you shall be required to pay is US$250 (which is less than the current standard JAMS filing fee); all other costs will be borne by the Company. In the event that the arbitrator determines that the claims were frivolous, the arbitrator may (except in California) award to the prevailing party the costs and attorneys' fees reasonably incurred in connection with the arbitration.
Notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms & Conditions shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). JAMS and the parties must comply with the following rules: (a) the arbitration shall be conducted by a single arbitrator approved by or otherwise affiliated with JAMS; except that if the total amount in controversy is more than US$100,000, the defendant may request a panel of three arbitrators; (b) the party initiating the arbitration shall choose the form in which they would like the arbitration to be conducted: via telephone, online, solely based on written submissions, or at an in-person hearing; (c) notwithstanding the foregoing, if either party requests an in-person hearing: (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration should proceed via telephone, online or solely based on written submissions, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is selected by the arbitrator and is reasonably convenient to all parties, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may not award any: (i) incidental, indirect or consequential damages, including damages for lost profits, or (ii) punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages described in subparagraphs (d)(i) and (d)(ii); (e) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (f) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator may not decide issues relating to arbitrability and the scope or enforceability of this Mandatory Arbitration provision, which shall be only for a court of competent jurisdiction to decide. If subparagraph (f) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Judgment on the award issued by the arbitrator may be entered in any court having jurisdiction. This Mandatory Arbitration provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
IMPROPERLY FILED CLAIMS
All claims you bring against us must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to US$5,000, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.
You agree that the travel services reservations facilities of the Site 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 the Site may result in you being denied access to such facilities. You may not use this Site for any commercial purpose. You agree you will not access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our written permission. You agree that you will not violate the restrictions in any robot exclusion headers on this Site, or bypass or circumvent other measures employed to prevent or limit access to this Site. You agree you will not you modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, graphics, software, products, or services obtained from or through this Site or call center. You agree you will not use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site, and that you will not sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
You agree you will not use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that impose an unreasonable load on our equipment. You will not disguise the origin of the information you transmit through the Site, whether to navigate the Site, make a travel reservation or booking, or post any content.You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, offensive, defamatory or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
We reserve the right to cancel your Flightszoom account and terminate your use of the Site if you violate any of the above prohibitions.
For your convenience, our use of the following terms in these Terms & Conditions shall have the meaning below:
"Service Element" - a singular product or service listed on the Site that can be booked independently of any other service. (e.g.: car, hotel, flight).
"Travel Supplier" - a vendor of one or more Service Elements. (e.g.: hotels, car suppliers, airlines). Flightszoom does not act as principal but makes arrangements with third-party vendor Travel Suppliers for Service Elements, all as defined above.
"Booking" - a negotiation process with the Travel Supplier carried out by you while using this Site for the purpose of obtaining one or more Service Elements that may result in a contract with the Travel Supplier at the time we receive full payment and accept your offer.
In order to complete a Booking the following steps are taken to ensure its validity:
When we place Service Elements on our Site, we are inviting you to make an offer for their purchase. You do not make this offer until you press "Book" on the payment page (entitled "Review Trip Details and Book") of the Site.
Once you have done so you have made Flightszoom an offer (which cannot be withdrawn if you change your mind) to purchase the relevant Service Element(s) from the relevant Travel Supplier(s) (your "Booking"). We are free to accept your offer on behalf of the relevant Travel Supplier or to reject it, at our sole discretion.
The Flightszoom email confirmation is NOT the contractual acceptance of the Booking, but merely an acknowledgement that we have received your offer. We will need to check the availability of the relevant Service Element(s).
If the relevant Service Element is available, your Booking will be processed. The contract pertaining to the relevant Booking is formed when payment in full has been received.
The contract between you and the relevant Travel Supplier will relate only to those Service Elements confirmed by email with ticket numbers in case of air or reservation numbers in case of hotels, cars or activities.
The terms of your Booking (such as price, availability and/or dates of travel) are not guaranteed until the contract is formed between you and the Travel Supplier and a ticket has been issued and/or a reservation has been made and confirmed by the Travel Supplier. Please note that once you have completed the Booking stage you can only cancel or change the details (such as names or destinations) of your Booking at our sole discretion and in accordance with these Terms & Conditions.
These Booking processes will apply to any of our individual Service Element's Terms & Conditions set out below. The airline ticket Terms & Conditions, the hotel Terms & Conditions, the car rental Terms & Conditions, the attractions and services Terms & Conditions supplement any area not covered by the Booking process. We reserve the right to change the Booking process at any time, with changes automatically taking effect from the date such changes are posted on the Site.
At all times throughout your trip a government-issued photo ID is required for security checks at airports, hotels and car rental locations and may be required for attractions and other products as deemed necessary by the relevant Travel Suppliers.
In addition to the required government-issued ID as stated above, proof of citizenship (Passport) is required for international travel (for most countries outside of the United States). Please note that it is your sole responsibility to ensure that you meet the passport, visa, and/or health requirements of the countries you wish to visit and those that you transit (even if it is for a simple flight change). Many countries require that your passport should be valid for a minimum period from the date of arrival into that country. For any questions regarding what the applicable minimum period is and any other conditions or passport/visa requirements for travel, you should contact the corresponding local consulate of the countries to which you are travelling.
Neither Flightszoom nor its affiliates accept any responsibility, and you will not be entitled to any refunds whatsoever, if you are denied boarding, delayed or deported due to non-fulfillment of the above.
- Government entry/exit fees may apply, depending on your destination.
- These are your sole responsibility and will be additional to your Booking charges.
- All travelers on your Booking (if more than one passenger) must travel on the same itinerary. Individual passengers cannot be added to, and/or deleted from your Booking.
Flightszoom reserves the right to correct errors in any advertised price and, if applicable, give you an option to either cancel the Booking or allow Flightszoom to collect an amount equal to any increase in price from your provided credit or debit card, prior to your departure.
- Each Service Element listed in your Booking is provided by the respective Travel Supplier.
- Frequent traveler points and/or miles may or may not be available for any portion of your Booking. You must check this with the relevant Travel Supplier.
Your Booking will be fulfilled on the delivery date set out in your ticket information email or, if no delivery date is specified, then on the date the ticket is issued,unless there are exceptional circumstances.
The terms of this agreement incorporate by reference the terms of each airline's contract of carriage. Passengers may inspect the full text of the contract of carriage at the each airline's airport or city ticket offices. Passengers have the right, upon request to the airlines, to receive free of charge by mail or other delivery service the full text of the contract of carriage. The incorporated terms of the contract of carriage may include: (1) Limits on the airline's liability for personal injury or death of passengers, and for loss, damage, or delay of goods and baggage, including fragile or perishable goods; (2) Claim restrictions, including time periods within which passengers must file a claim or bring an action against the airline for its acts or omissions or those of its agents; (3) Rights of the airline to change terms of the contract; (4) Rules about reconfirmation of reservations, check-in times, and refusal to carry; (5) Rights of the airline and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate airline or aircraft, and rerouting.
Pricing, Taxes/Fees, and Payment:
Our total prices include all taxes and fees applicable to airfare, hotel accommodation, car rentals and activities included in your Booking, unless stated otherwise in your ticket information email or in these Terms & Conditions. Additional fuel surcharges, security, baggage, seat reservation, hotel incidentals, and other applicable service charges may apply which will be charged by the relevant Travel Supplier at time of check-in. You are solely responsible for any such additional charges due to the Travel Supplier. If you have any questions about such charges, please contact the relevant Travel Supplier directly.
Prices quoted for Service Element(s) do not include liability insurance, collision damage waiver, personal accident insurance, personal effects protection, drop-off charges, gas, child safety seats, sky racks or incidental room charges at the hotel (telephone, movies, energy surcharges and any applicable increases in taxes). All such charges must be paid at the car rental pick-up location and/or at the check-in counter at the hotel.
Prices quoted also do not include any additional flight fuel surcharges or other surcharges which may be imposed from time to time by the relevant Travel Supplier or authorities, all of which must be paid by you.
Payment must be made in full with a valid credit or debit card at the time of Booking. Flightszoom accepts all major credit or debit cards with a verifiable billing address.
You hereby authorize Flightszoom and its authorized third party to process the charge to the credit or debit card you provide to us for the total amount of your Booking.
You may be required by the relevant Travel Supplier(s) to present a valid credit or debit card at the time of check-in at the hotel and/or at the pick-up location of the car rental company to provide confirmation of authorized card usage and/or to secure any additional charges. The cardholder must be a traveler listed on yourBooking.
All offers, prices, and conditions of sale may be subject to:
- change without notice;
- advance purchase, eligibility, seating, or other limitations;
- travel days, dates, minimum or maximum stays, holidays, seasons, blackout dates, stopovers, and/or waitlisting restrictions;
- reservation validation limitations of up to one year (if any extension permitted, penalties/restrictions may apply);
- other conditions/restrictions; and
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.
A reservation is not 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 your 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. In the event the fare selected is not available an approval code may have been issued on your credit card. If the transaction is not completed the approval code may temporarily credit the amount from your bank account.
ADVICE TO INTERNATIONAL PASSENGERS
Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of treaties known as the Montreal Convention and the Warsaw Convention may be applicable to their entire journey including the portion entirely within the countries of departure and destination. The Conventions govern and in most cases limits the liability of carriers to passengers for death or personal injury. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under the Montreal Convention or Warsaw Convention. For further information please consult your airline or insurance company representative. For more details about the carrier's liability under the Warsaw convention, please click here
Travel Alert - Zika Virus
The Centers for Disease Control and Prevention (CDC) has issued a travel alert (Level 2-Practice Enhanced Precautions) for people traveling to regions and certain countries where Zika virus transmission is ongoing, emphasizing the need for travelers to practice usual health precautions, predominantly precautions against insect bites.
The CDC recommends that pregnant women consider postponing travel to any area where Zika virus transmission is ongoing, and that pregnant women or women trying to become pregnant consult their doctor before departing if travel is unavoidable.
Should you have any questions or concerns about the Zika virus, please contact your health care provider. You can