AGREEMENT FOR USERS AND TRAVELERS
When you use this website, you agree to the following terms, and you agree to convey the contents of this Agreement to your traveling family members or companions:
Responsibility: All-Inclusive Vacations, Inc. (“We”) act as an agent for the airlines, tour operators, cruise lines lodging providers, car-rental companies, ground operators, and any other suppliers of travel services shown on your itinerary. We are not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts.
Hazards: We have no special knowledge regarding foreign entry requirements, unsafe conditions: health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. For foreign entry requirements, go to http://travel.state.gov/travel/travel_1744.html. For State Department travel advisories, go tohttp://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. For foreign health requirements and dangers, go tohttp://www.cdc.gov/travel/index.htm. You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control, and to submit all other claims against us within 30 days after the return of your trip.
Limitation of Refunds: All airlines impose cancellation and change penalties up to 100% for many discount tickets. All tour operators, cruise lines, and some resort hotels impose cancellation and change penalties, too. Please view the applicable rules before you make your reservation. All-Inclusive Vacations, Inc. advance deposits paid, trip planning fees, and air ticketing fees are non-refundable.
Delays: Flight delays are very common today. If your flight is delayed for any reason, the airlines are not required by law to pay for your en route expenses, such as meals, hotels, taxis and phone calls.
Check Your Itinerary: As soon as you receive your booked itinerary, check it thoroughly to make sure it is correct as to dates, times, fares, and rates.
Reconfirmation: Schedule changes are quite common today. We urge you to re-check exact flight times prior to departure and prior to your return.
Package Trips: If you book a trip, we must collect the tour operator’s or cruise line’s deposit when reservations are made. The amount of the deposit, the refund allowed, and the times for canceling vary according to the tour operator or cruise line. We do not endorse or recommend any particular tour operator or cruise line; our role is strictly limited to facilitating the booking. After you finish your booking, we will send you any agreement required by the travel services supplier, along with a request that you sign that agreement and return it to us. In the event of any inconsistency between that agreement and this agreement, the latter shall govern.
Charter Trips: If your package trip involves a charter flight, or if your vacation involves an air-only charter flight, federal regulations require that you also sign the charter operator’s participant agreement, which will be mailed to you. It is extremely important that you realize that, for charters:
Departure times (both going and returning) can change at the last minute. These delays legally can be as much as 48 hours (approximately two days late).
Your flight may be advertised as non-stop; however, the operator may legally change the routing and make intermediate stops at the last minute.
The charter operator may 1egally-substitute types of aircraft and even airline at the last minute. Charter aircraft are generally not as comfortable as the scheduled aircraft.
The charter operator generally takes no responsibility for baggage. It is not unusual to have luggage misplaced.
Charter trips have very stiff cancellation penalties. No one plans a trip with the idea of canceling; however, sometimes that becomes necessary and you must understand what to expect or not to expect in the way of refunds.
Usually, no frequent flier miles are accrued.
Advance seat assignments are frequently not available.
Final Payment: For all vacation trips, you must have made full payment before we release the tickets or documents.
Non-Use of Coupons: In the event that you purchase a ticket or tickets containing flight coupons that you mayor may not use, we do not guarantee that the airline will honor the ticket or tickets, and you agree to indemnify us against airline claims for the difference between the full fare for your actual itinerary and the value of the ticket that you purchased.
Foreign Currency: Currency rates quoted on this website are based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary.
Information on Website: You agree not to use or authorize the use of this information for any purpose other than personal use, and not to engage or authorize anyone to engage in the resale, redistribution, and use of the information on this website for commercial purposes. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by us and/or our suppliers. Any software that is on this website including HTML codes and software made available to download from this website (“Software”) is our copyrighted work or the copyrighted work of our suppliers or licensors. Product and company names mentioned herein may be the trademarks of their respective owners.
Use of Communication Services: The All-inclusive Vacations, Inc. Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
All-inclusive Vacations, Inc. has no obligation to monitor the Communication Services. However, All-inclusive Vacations, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. All-inclusive Vacations, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
All-inclusive Vacations, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in All-inclusive Vacations, Inc.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. All-inclusive Vacations, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, All-inclusive Vacations, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized All-inclusive Vacations, Inc. spokespersons, and their views do not necessarily reflect those of All-inclusive Vacations, Inc.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to All-Inclusive Vacations, Inc. or Posted at Any All-Inclusive Vacations, Inc. Website: All-inclusive Vacations, Inc. does not claim ownership of the materials you provide to All-inclusive Vacations, Inc. (including feedback and suggestions) or post, upload, input or submit to any All-inclusive Vacations, Inc. Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting All-inclusive Vacations, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. All-inclusive Vacations, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in All-inclusive Vacations, Inc.’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Power of Attorney: As our client, you hereby appoint us to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, and hotel guarantees for late arrival. You authorize any of the attorneys-in-fact to sign credit card authorizations for said purchases whenever any of them receives an Internet booking request reasonably believed to be from you or someone acting on your behalf, requesting those tickets be charged to this credit card account. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney.
Exclusive Jurisdiction: All suits in connection with, or incident to, this Agreement shall be litigated, if at all, in the courts of the Country of The United States of America, State of Colorado, Jefferson County, to the exclusion other courts of any other state.
NO WARRANTIES: THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THIS SITE ARE PROVIDED “AS IS”AND WITHOUT WARRENTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE UNITERRUPTED OR IN AN ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCUSION MAY NOT APPLY TO YOU.
NO CONSEQUENTIAL DAMAGES: IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTAL DAMAGES, INCLUDING W1THOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.