AGREEMENT BETWEEN CUSTOMER AND
BUILDATRIP.COM
Welcome to the
Buildatrip.com website (the "Website"). This Website is provided 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. The terms "we", "us", "our" and "Buildatrip.com"
refer to Buildatrip.com. The term "you" refers to the customer visiting
the Website and/or booking a reservation through us on this Website, or
through our customer service agents.
This Website is
offered to you conditioned upon your acceptance without modification of
all the terms, conditions, and notices set forth below (collectively,
the "Agreement"). By accessing or using this Website in any manner, you
agree to be bound by the Agreement. Please read the Agreement carefully.
If you do not accept all of these terms and conditions, please do not
use this Website. Be sure to return to this page periodically to review
the most current version of the Agreement. We reserve the right at any
time, at our sole discretion, to change or otherwise modify the
Agreement without prior notice, and your continued access or use of this
Website signifies your acceptance of the updated or modified Agreement.
USE OF THE
WEBSITE
As a condition of your use of this Website, you warrant that (i) you are
at least 18 years of age, (ii) you possess the legal authority to create
a binding legal obligation, (iii) you will use this Website in
accordance with this Agreement, (iv) you will only use this Website to
make legitimate reservations for you or for another person for whom you
are legally authorized to act, (v) all information supplied by you on
this Website is true, accurate, current and complete, and (vi) if you
have an Buildatrip.com account, you will safeguard your account
information and will supervise and be completely responsible for any use
of your account by anyone other than you. We retain the right at our
sole discretion to deny access to anyone to this Website and the
services we offer, at any time and for any reason, including, but not
limited to, for violation of this Agreement.
PROHIBITED
ACTIVITIES
The content and information on this Website (including, but not limited
to, price and availability of travel services), as well as the
infrastructure used to provide such content and information, is
proprietary to us or our suppliers and providers. While you may make
limited copies of your travel itinerary (and related documents) for
travel or services booked through this Website, you agree not to
otherwise 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 or through this Website. Additionally, you agree not to:
(i) use this
Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any
reservation in anticipation of demand;
(iii) 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 our express written permission;
(iv) 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;
(v) take any action that imposes, or may impose, in our discretion, an
unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without
limitation, the purchase path for any travel services) for any purpose
without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this
Website into any other website without our prior written authorization.
SUPPLIER
RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and
purchase of travel-related goods and services that you select. Please
read these separate terms and conditions carefully. You agree to abide
by the terms and 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 acknowledge that some third-party providers offering
certain services and/or activities may require you to sign their
liability waiver prior to participating in the service and/or activity
they offer. You understand that any violation of any such supplier's
rules and restrictions may result in cancellation of your reservation(s),
in your being denied access to the applicable travel product or
services, in your forfeiting any monies paid for such reservation(s),
and/or in our debiting your account for any costs we incur as a result
of such violation.
PRIVACY
POLICY
Buildatrip.com believes in protecting your privacy. Please click here to
review our current Privacy Policy, which also governs your use of
Buildatrip.com, to understand our practices:
Privacy Policy.
REVIEWS,
COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting
content to this Website by electronic mail, postings on this Website or
otherwise, including any hotel reviews, questions, comments,
suggestions, ideas or the like contained in any submissions
(collectively, ?Submissions?), you grant Buildatrip.com and its
affiliates a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sublicensable right to (a) use, reproduce, modify,
adapt, translate, distribute, publish, create derivative works from and
publicly display and perform such Submissions throughout the world in
any media, now known or hereafter devised; and (b) use the name that you
submit in connection with such Submission. You acknowledge that
Buildatrip.com may choose to provide attribution of your comments or
reviews (for example, listing your name and hometown on a hotel review
that you submit) at our discretion, and that such submissions may be
shared with our supplier partners. You further grant Buildatrip.com the
right to pursue at law any person or entity that violates your or
Buildatrip.com?s rights in the Submissions by a breach of this
Agreement. You acknowledge and agree that Submissions are
non-confidential and non-proprietary. We take no responsibility and
assume no liability for any Submissions posted or submitted by you. We
have no obligation to post your comments; we reserve the right in our
absolute discretion to determine which comments are published on the
Buildatrip.com website If you do not agree to these terms and
conditions, please do not provide us with any Submissions.
You are fully
responsible for the content of your Submissions, (specifically
including, but not limited to, reviews posted to this Website). You are
prohibited from posting or transmitting to or from this Website: (i) any
unlawful, threatening, libelous, defamatory, obscene, pornographic, or
other material or content that would violate rights of publicity and/or
privacy or that would violate any law; (ii) any commercial material or
content (including, but not limited to, solicitation of funds,
advertising, or marketing of any good or services); and (iii) any
material or content that infringes, misappropriates or violates any
copyright, trademark, patent right or other proprietary right of any
third party. You shall be solely liable for any damages resulting from
any violation of the foregoing restrictions, or any other harm resulting
from your posting of content to this Website. You acknowledge that
Buildatrip.com may exercise its rights (e.g. use, publish,delete) to any
content you submit without notice to you.
Buildatrip.com?s
policies with respect to claims by third parties that the content of the
Website, including the content of any Submissions, infringes the
copyrights owned by said third party can be found at Copyright Complaint
Policy.
PREPAID
HOTEL RESERVATIONS
You acknowledge that Buildatrip.com pre-negotiates certain room rates
with hotel suppliers to facilitate the booking of reservations on your
behalf. The room rate displayed on the Website is a combination of the
pre-negotiated room rate for rooms reserved on your behalf by
Buildatrip.com and the facilitation fee retained by Buildatrip.com to
compensate us for our services. You authorize Buildatrip.com to book
reservations for the total reservation price, which includes the room
rate displayed on the Website, plus tax recovery charges, and service
fees. You agree that your credit card will be charged by Buildatrip.com
for the total reservation price. Upon submitting your reservation
request you authorize Buildatrip.com to facilitate hotel reservations on
your behalf, including making payment arrangements with hotel suppliers.
You acknowledge
that Buildatrip.com does not collect taxes for remittance to applicable
taxing authorities. The tax recovery charges on prepaid hotel
transactions are a recovery of the estimated transaction taxes (e.g.
sales and use, occupancy, room tax, excise tax, value added tax, etc)
that Buildatrip.com pays to the hotel supplier in connection with your
hotel reservations. The hotel suppliers invoice Buildatrip.com for tax
amounts. The Hotel suppliers remit applicable taxes to the applicable
taxing jurisdictions. Buildatrip.com does not act as co-vendors with the
supplier with whom we book or reserve our customer's travel
arrangements. Taxability and the appropriate tax rate vary greatly by
location. The actual tax amounts paid by Buildatrip.com to the hotel
suppliers may vary from the tax recovery charge amounts, depending upon
the rates, taxability, etc. in effect at the time of the actual use of
the hotel by our customers. We retain our service fees as compensation
in servicing your travel reservation. Our service fees vary based on the
amount and type of hotel reservation.
You may cancel or
change your prepaid hotel reservation, but you will be charged the
cancellation or change fee indicated in the rules and restrictions for
the hotel reservation. 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 applicable
nightly rates, tax recovery charges and service fees. In the event you
do not show for the first night of the reservation and plan to check-in
for subsequent nights in your reservation, you must confirm the
reservation changes with Buildatrip.com or its subsidiary, as
appropriate, no later than the date of the first night of the
reservation to prevent cancellation of your reservation. You must make
refund requests for no-shows or early checkouts within 60 days after
checkout.
You agree to pay
any cancellation or change fees that you incur. In limited cases, some
hotels do not permit changes to or cancellations of reservations after
they are made, as indicated in the rules and restrictions for the hotel
reservation. You agree to abide by the terms and conditions imposed with
respect to your prepaid hotel 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. Buildatrip.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, Buildatrip.com
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.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS
WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN
PARTICULAR, Buildatrip.com, ITS SUBSIDIARIES AND CORPORATE AFFILIATES
(COLLECTIVELY, THE "Buildatrip.com COMPANIES") AND THE AFFILIATED,
CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE
SERVICE (COLLECTIVELY, "Buildatrip.com AFFILIATES") DO NOT GUARANTEE THE
ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER
INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL,
AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE
(INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL
AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH
INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION,
Buildatrip.com EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING
ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN
INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO
KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION,
WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL RATINGS
DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND
THE Buildatrip.com COMPANIES AND THE Buildatrip.com AFFILIATES DO NOT
GUARANTEE THE ACCURACY OF THE RATINGS. THE Buildatrip.com COMPANIES, THE
Buildatrip.com AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO
GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE
Buildatrip.com COMPANIES, THE Buildatrip.com AFFILIATES AND THEIR
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS
WEBSITE AT ANY TIME.
THE Buildatrip.com
COMPANIES, THE Buildatrip.com AFFILIATES, AND 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 OF ANY PRODUCTS OR SERVICES ON
THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF
SUCH PRODUCTS OR SERVICES BY THE Buildatrip.com COMPANIES OR THE
Buildatrip.com AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE
Buildatrip.com COMPANIES, THE Buildatrip.com AFFILIATES, AND THEIR
RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS
WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE Buildatrip.com
COMPANIES, THE Buildatrip.com AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
Buildatrip.com COMPANIES, THE Buildatrip.com AFFILIATES, AND 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 SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS
WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE
Buildatrip.com COMPANIES, OR THE Buildatrip.com AFFILIATES. THE
Buildatrip.com COMPANIES AND THE Buildatrip.com AFFILIATES ARE NOT
LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL
INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. THE Buildatrip.com COMPANIES AND THE Buildatrip.com
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
THE Buildatrip.com COMPANIES, THE Buildatrip.com 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, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR
WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE
(INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON
THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED
SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR
OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS
WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, AND EVEN IF THE Buildatrip.com COMPANIES, THE
Buildatrip.com AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the
limitation above, the Buildatrip.com Companies, the Buildatrip.com
Affiliates or their respective suppliers are found liable for any loss
or damage which arises out of or in any way connected with any of the
occurrences described above, then Buildatrip.com, the Buildatrip.com
Affiliates or their respective suppliers liabilities will in no event
exceed, in the aggregate, the greater of (a) the transaction fees
assessed for your transactions on this Website, or (b) One-Hundred
Dollars (US$100.00).
The limitation of
liability reflects the allocation of risk between the parties. The
limitations specified in this section will survive and apply even if any
limited remedy specified in these terms is found to have failed of its
essential purpose. The limitations of liability provided in these terms
inure to the benefit of Buildatrip.com, the Buildatrip.com Affiliates,
and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify Buildatrip.com, the Buildatrip.com
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 third parties as a
result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO
THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties
other than Buildatrip.com. Such hyperlinks are provided for your
reference only. We do not control such websites and are not responsible
for their contents or the privacy or other practices of such websites.
Further, it is up to you to take precautions to ensure that whatever
links you select or software you download (whether from this Website or
other websites) is free of such items as viruses, worms, trojan horses,
defects and other items of a destructive nature. Our 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 Buildatrip.com, Buildatrip.com
Affiliates, and/or our respective suppliers. Your use of such 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 made available for download on this
Website not accompanied by a License Agreement, we hereby grant to you,
the user, a limited, 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 Buildatrip.com,
Buildatrip.com Affiliates, and/or our respective suppliers, and is
protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited,
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 WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
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 feature for the day that
currency was last updated. The information supplied by this application
is believed to be accurate, but Buildatrip.com, the Buildatrip.com
Affiliates, and/or our respective suppliers do not warrant or guarantee
such accuracy. When using this information for any financial purpose, we
advise you to consult a qualified professional to verify the accuracy of
the currency rates. We do not authorize the use of this information for
any purpose other than your personal use and you are expressly
prohibited from the resale, redistribution, and use of this information
for commercial purposes.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of this Website are: ?2008 Buildatrip.com. All rights
reserved. Buildatrip.com is not responsible for content on websites
operated by parties other than Buildatrip.com. Other logos and product
and company names mentioned herein may be the trademarks of their
respective owners.
If you are aware
of an infringement of our brand, please let us know by e-mailing us at
info@Buildatrip.com. We only address messages concerning brand
infringement at this email address.
GENERAL
Your use of mapping available on this Website is governed by the
Buildatrip.com Terms of Use and Buildatrip.com Privacy Statement.
Buildatrip.com reserves the right to change the Buildatrip.com Terms of
Use and Privacy Statements at any time, at their sole discretion.
This Website is
operated by a U.S. entity and this Agreement is governed by the laws of
the State of Florida, USA. You hereby consent to the exclusive
jurisdiction and venue of courts in Collier County, Florida, 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, or employment relationship exists between
you and the Buildatrip.com as a result of this Agreement or use of this
Website.
Our performance of
this Agreement is subject to existing laws and legal process, and
nothing contained in this Agreement limits our right to comply with law
enforcement or other governmental or legal requests or requirements
relating to your use of this Website or information provided to or
gathered by us with respect to such use. To the extent allowed by
applicable law, you agree that you will bring any claim or cause of
action arising from or relating to your access or use of this Website
within two (2) years from the date on which such claim or action arose
or accrued or such claim or cause of action will be irrevocably waived.
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 you and Buildatrip.com with respect to this
Website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the
customer and Buildatrip.com 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 on
this Website are not intended to represent any real individual, company,
product, or event.
Any rights not
expressly granted herein are reserved.
SERVICE
HELP
For quick answers to your questions or ways to contact us you can write
to us at:
Attn: Customer
Service
Hotel or Ticket & Attraction Reservations:
866-270-2849 or email
customerservice@wctravel.com
Last Minute Deals: 888-656-8204
Custom Trips: 888-291-1613
Cruises: 888-518-6907
Airline Tickets: Contact the airline directly
Car Rentals: Call the Car Rental company directly
info@buildatrip.com
