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Terms
and Conditions for CATNW.com
Cruise
and Travel NetWork is bonded and insured by:
Cruise.com,
a division of Omega World Travel - We sell more cruises by passing
on our preferred pricing to you.
Our
hotel-booking engine is powered by World Choice Travel (WCT).
WCT is a member of the ASTA (American Society of Travel Agents)
and IATAN (International Airlines Travel Agent Network). WCT
is also registered as a seller of travel with the State of Florida
- Fla. Seller of Travel Reg. No. ST-31090.
Booking Engine User Agreement
By using our online booking engines (“Booking Engine”) you are
agreeing to the following terms and conditions of use without modification
or revision.
It is important that you understand that we may amend, revise or update the
terms and conditions of this User Agreement at any time and without prior notice
to you. Therefore, you should carefully review the terms and conditions of
this User Agreement each time you use the Booking Engine. If the terms and
conditions of this User Agreement are not acceptable to you, you should not
use the Booking Engine.
OWNERSHIP
The cruise booking engine is owned and operated by TravTech.
All information, including without limitation text, graphics, software and
all other materials including the HTML, XML, CGI
and any other code and script in any format used to implement the Booking Engine
(“Content”), are the property of TravTech or its licensors. You
do not, by using the Booking Engine, acquire any ownership or other rights
to
any Content
or other materials contained on or accessible through the Booking Engine.
LIMITED RIGHT TO USE
Subject to the terms and conditions set forth in this User Agreement, we hereby
grant to you a non-exclusive, limited, non-transferable and revocable license
to view, print and download Content from the Booking Engine solely for your
personal and noncommercial use solely for purposes of enabling you to purchase
products or services offered through the Booking Engine. You agree not to republish,
distribute, assign, modify, transmit, display, reproduce, license, create derivative
works from, transfer or sell any Content or other materials obtained or obtainable
from the Booking Engine.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to the Booking Engine are protected under
applicable laws relating to intellectual property rights, including but not
limited to copyright and trademark laws. The copying, redistribution, use or
publication by you of any such matters or any part of the Booking Engine, except
as allowed under this User Agreement, is strictly prohibited. The posting of
Content or other materials on the Booking Engine does not constitute a waiver
of any such rights. World Choice Travel, Inc., World Choice Travel, WorldChoiceTravel.com
and We Build Your Brand – Not Ours are either trademarks or service marks
or registered trademarks or service marks of World Choice Travel, Inc. Other
product and company names mentioned on the Booking Engine may be trademarks
or service marks of their respective owners. WCT reserves all right, title
and interest in and to its copyright and trademark rights.
NONTRANSFERABLE
Your right to use the Booking Engine is not transferable.
LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THE BOOKING ENGINE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT MAY BE CHANGED OR UPDATED
PERIODICALLY. WCT AND ANY OF ITS AFFILIATES MAY, BUT SHALL NOT BE REQUIRED
TO, MAKE ANY CHANGES TO THE BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN
NOTICE TO YOU.
NEITHER WCT NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY ABOUT
THE SUITABILITY OF THE CONTENT CONTAINED ON THE BOOKING ENGINE FOR ANY PURPOSE
WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES
ON OR THROUGH THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION
OF SUCH PRODUCTS OR SERVICES BY WCT OR ITS AFFILIATES. ALL SUCH CONTENT IS
PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY
OF ANY KIND WHATSOEVER. WCT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE
THROUGH THE BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT. THE BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD WCT AND ITS AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE BOOKING ENGINE ARE
INDEPENDENT CONTRACTORS AND ARE NOT WCT’S OR ITS AFFILIATES’ AGENTS.
NEITHER WCT NOR ITS AFFILIATES ARE 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. FROM TIME TO TIME, ACCESS TO THE BOOKING
ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE.
YOU AGREE THAT NEITHER WCT NOR ITS AFFILIATES WILL HAVE ANY LIABILITY
AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT
BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING,
MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH,
FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER
CAUSE BEYOND WCT’S OR ITS AFFILIATES’ CONTROL, AND FURTHER
THAT NEITHER WCT NOR ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR
ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY
GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WCT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF,
OR IN ANY WAY CONNECTED WITH, THE USE OF THE BOOKING ENGINE OR THE DELAY
OR INABILITY TO USE THE BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS
OR SERVICES OBTAINED THROUGH THE BOOKING ENGINE, OR OTHERWISE ARISING
OUT OF THE USE OF THE BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF WCT OR ITS AFFILIATES HAVE 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Booking Engine, you agree that you will not
use the Booking Engine for any purpose that is unlawful or prohibited by this
User Agreement. You represent and warrant that you are at least 18 years old
and posses the legal authority to enter into this User Agreement and to use
the Booking Engine in accordance with the terms and conditions of this User
Agreement.
You may only use the Booking Engine to make legitimate reservations or purchases
and not for any other purposes, including without limitation, to make any speculative,
false or fraudulent reservations or any reservation in anticipation of demand.
USE OF INFORMATION
WCT reserves the right, and you authorize WCT and its affiliates, to use and
assign all information provided by you in any manner consistent with WCT’s
Privacy Policy. You may view WCT’s Privacy Policy by clicking HERE.
CONTENT
Some of the Content that refers to city attractions, things to do, hotel accommodations,
restaurants and other services is the property of, and is supplied by, third
parties that are not under WCT’s control. WCT does not independently
verify, and does not guarantee, the accuracy of the information that we receive
from such third parties. All information, prices and availability are subject
to change without notice.
LINKS TO OTHER WEBSITES
The Booking Engine may contain hyperlinks to websites operated by third parties.
WCT does not control such websites and will not be responsible for their content
or for any breach of contract or any intentional or negligent action on the
part of such third parties, which results in any loss, damage, delay or injury
to you or your companions. WCT is not responsible for the accuracy of opinions
express in such websites, and such websites are not investigated, monitored
or checked for accuracy or completeness by WCT. Inclusion of any linked website
on the Booking Engine does not imply or constitute approval or endorsement
of the linked website by WCT. If you decide to leave the Booking Engine to
access these third party sites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of websites operated
by third parties will apply to you while on such sites. WCT is not responsible
for information provided by you to third parties.
TAX RECOVERY CHARGE
The tax charge on Hot Rate hotel transactions is a recovery of all applicable
transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value
added tax, etc.) that WCT collects from customers and pays to vendors (such
as hotels, etc.) in connection with your travel arrangements.
WCT is not the vendor collecting and remitting such tax to the applicable tax
authorities. The vendors bill WCT for applicable taxes and WCT remits such
amounts directly to the vendors. WCT is not a co-vendor associated with the
vendor with whom WCT books or reserves travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. The actual
amount of tax paid to vendors may vary from the tax recovery charge, depending
upon the rates, taxability or other factors in effect at the time of the actual
use of a given travel service by a customer.
WCT does not incur the cost of sales tax from vendors located in Alaska, Delaware,
Montana, New Hampshire and Oregon, as these states do not impose a sales tax.
Also, certain jurisdictions impose a hotel occupancy tax or other type of transaction
tax upon the renting of a hotel room, an automobile, etc. The type of tax collected
by a vendor will vary by service and location.
TERMS OF SERVICE – HOT RATE HOTEL RESERVATIONS
ONLY
Credit cards for Hot Rate hotel reservations will be charged the full amount
for the reservation including all taxes and applicable service fees at the
time of booking. Reservations may be changed or cancelled anytime within the
appropriate hotel’s cancellations policy period at a charge indicated
on the applicable website. Upon arrival and check in at a hotel, you are responsible
for the entire length of stay. No refunds or credits will be issued for any
nights reserved but not consumed. Cancellations made after the hotel cancel
policy period has lapsed or no shows will be charged according to the hotel’s
cancellation policy (although the cancellation charge usually equals one night’s
room rate plus tax, you should look to the specific hotel’s policies
for the exact charges that you may incur). No contract will exist between you
and WCT (or its affiliates) until WCT has sent you an email with a pre-payment
voucher that you will present to the appropriate hotel at the time of your
check in.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be
used as guidelines only. Rates are not verified as accurate, and actual rates
may vary. Currency quotes are not updated every day. Check the date on the
Currency Converter for the day that currency was last updated. Neither WCT
nor its affiliates warrant or guarantee the accuracy of any such information.
When using this information for any financial purpose, WCT advises you to consult
a qualified professional to verify the accuracy of the currency rates. WCT
does not authorize the use of this information for any purpose other than personal
use and hereby prohibits, to the maximum extent allowable the resale, redistribution,
and use of this information for commercial purposes.
INDEMNIFICATION
You agree to indemnify, defend and hold WCT and its affiliates and any of WCT
or its affiliates’ officers, directors, employees, agents, successors
and assigns, harmless from and against any liability, claim, loss, expense,
cause of action or demand, including without limitation reasonable legal and
accounting fees arising directly or indirectly in connection with any breach
by you of any term, condition, representation, warranty or covenant contained
herein or otherwise resulting from your use of the Booking Engine.
CONTRACT INFORMATION
No contract will exist as between you and WCT or any of its affiliates for
the sale of any product or service unless and until WCT accepts your reservation
by email confirming your reservation or purchase and issues you a unique confirmation
code. Acceptance will be deemed complete and will be deemed to be effectively
communicated to you for all purposes at the time that WCT sends the email to
you, whether or not you receive the email.
MISCELLANEOUS
This User Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, USA, without regard to any conflict of law principles.
You irrevocably and unconditionally agree that any legal proceeding arising
out of or relating to this User Agreement may be brought in the United States
District Court for the Southern District of Florida, West Palm Beach Division,
or, if that court lacks jurisdiction, in any court of competent jurisdiction
in Palm Beach County; and hereby consent to the jurisdiction of each such court
in any proceeding. Use of the Booking Engine is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph.
This User Agreement (and any other terms and conditions referenced herein)
constitutes the entire and only agreement between WCT and its affiliates and
you, and supercedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Booking Engine, the Content
or any products or services provided by or through the Booking Engine, and
the subject matter of this User Agreement.
You agree that no joint venture, partnership, employment or agency relationship
is created as a result of this User Agreement or use of the Booking Engine.
WCT’s performance of this User Agreement is subject to existing laws
and legal process, and nothing contained in this User Agreement is in derogation
of WCT’s right to comply with law enforcement requests or requirements
relating to your use of the Booking Engine or information provided to or gathered
by WCT with respect to such use.
If any part of this User 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 the remainder of this User Agreement shall continue in effect.
A printed version of this User Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this User Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
WCT’s failure to enforce any provision of this User Agreement shall not
be deemed a waiver of such provision nor of the right to enforce such provision.
Fictitious names of companies, products, people, characters, and/or data mentioned
herein are not intended to represent any real individual, company, product,
or event. Any rights not expressly granted herein are reserved.
Other terms and conditions may apply to your purchase of products or services
offered on or through the Booking Engine.
SELLER OF TRAVEL
WorldChoiceTravel.com is registered with the State of Florida as a Seller of
Travel. Registration No. ST-31090.
© 2004 WorldChoiceTravel.com. All rights reserved.
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