PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU
DO NOT ACCEPT ANY OF THE TERMS BELOW, PLEASE DO NOT USE THIS SITE.
Welcome to the eSoon-Travel.com ("eSoon Travel," "we," "our," "us") website (collectively,
the "Site"). By using this Site, you signify your binding agreement to these Terms.
We reserve the right, in our sole discretion, to change, modify, add, or remove
portions or all of these Terms at any time. Please check these Terms periodically
for changes. Your continued use of the Site following the posting of changes to
these Terms constitutes your binding acceptance of those changes.
TERMS OF PURCHASE
You may use the Site to make legitimate reservations and/or purchases, but you cannot
use the Site to make any speculative, false, or fraudulent reservation, any reservation
in anticipation of demand, or for any purpose that is deemed unlawful or prohibited
by these Terms. Violators may be prosecuted to the maximum extent of the law.
Unless otherwise stated, all of the services and products offered on the Site are
subject to the following: Offers: (i) are informational only and may not reflect
current availability; (ii) apply to US point-of-sale and point-of-ticketing only
(void where prohibited by law)/prices quoted are in US Dollars; (iii) are limited
time offers; and (iv) unless otherwise stated, are "per adult." All offers, prices,
and conditions of sale may be subject to: (a) change without notice; (b) advance
purchase, eligibility, seating, or other limitations; (c) travel days, dates, minimum
or maximum stays, holidays, seasons, blackout dates, stopovers, and/or waitlisting
restrictions; (d) reservation validation limitations of up to one year (if any extension
permitted, penalties/restrictions may apply); and/or (e) other conditions/restrictions.
Lower prices may be available.
You agree to abide by all other additional terms and conditions applicable to your
reservation(s), purchase(s) of goods and services, request(s) to purchase, use of
software, and other uses of portions of the Site, including, but not limited to,
paying all amounts owed on a timely basis and complying with all rules and restrictions
regarding availability of fares, paper airline tickets, products, programs or services,
and use of software. Because you agree to be legally responsible for the purchase
terms related to all of your reservations and for all charges, fees, penalties,
duties, taxes, and assessments that result from your use of the Site, we encourage
you to take the time to carefully review the terms of the offer, including, but
not limited to, any fare or rate rules related to an airfare purchase. If the fare
or rate rules, or any code-share flight information, is not available or you don't
understand them, please contact us.
No reservation is complete until it is confirmed by you and ticketed by us. To protect
our customers making credit card purchases, we verify with the credit/debit card
company that the cardholder name, billing address, and billing phone you provide
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 cardholder
information 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.
The airlines reserve the right to confirm or deny any flight for up to 24 hours
after the reservation is booked. We will notify you within 24 hours if the airline
is unable to complete your transaction.
Once your reservation has been confirmed by you, you are deemed to have agreed to
all of the terms and conditions related to your purchase. Since you are obligated
to comply with all of the terms and conditions related to your purchase, it is in
your best interests to review those terms and conditions carefully at the time they
are made available to you.
Unless otherwise specified, once confirmed, most reservations cannot be transferred
or refunded. Often, reservations cannot be changed or upgraded either but, when
permitted, penalties will apply, including additional service, processing, and/or
cancellation fees to be assessed by us and/or the travel provider(s). If you wish
to change or cancel your reservation, contact us immediately. In many cases, fares
which do permit changes require that those changes made prior to your scheduled
date of travel.
INTELLECTUAL PROPERTY
All materials and content on the Site, including, but not limited to, images, illustrations,
text, audio clips, and video clips, are protected by or consist of copyrights, trademarks,
service marks, and/or other intellectual property rights ("Intellectual Property").
The Intellectual Property is governed and protected by United States and worldwide
copyright, trademark, and/or other intellectual property laws and treaty provisions,
privacy and publicity laws, and communications regulations and statutes. The Intellectual
Property is owned or controlled by us or other parties that have licensed to us
the right to use their Intellectual Property or the right to market their products
and/or services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial use.
You agree to abide by all additional copyright notices, information, or restrictions
contained in any material or content on the Site. You may download any Intellectual
Property solely for your personal, non-commercial use, consistent with these Terms,
provided that you maintain all copyright and other notices contained in such Intellectual
Property. You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit any Intellectual Property in any way (including by e-mail or other
electronic means) without our prior written consent or that of the IP Providers.
Modification of any Intellectual Property or use of any Intellectual Property for
any other purpose is a violation of the copyrights, trademark rights, and other
proprietary rights. The use of any Intellectual Property on any other site or networked
computer environment, or maintaining unauthorized links to the Site, is prohibited
by these Terms.
All software, applications, and modules (collectively, "software") used on the Site
are proprietary to or licensed to us by other parties ("Software Providers", together
with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create
derivative works of, reverse assemble or reverse compile, sell, lease, distribute,
rent, assign, transfer, or modify any software on the Site. Further, you cannot
(i) use any device, software, or routine that interferes or attempts to interfere
with the normal operation of the Site; (ii) perform any action that is deemed by
us to impose a burden or unreasonable load on our computer equipment; (iii) use
any "robot," "spider," or other automatic device (or a program, algorithm, or methodology
with similar processes or functionalities), or any manual process or functionality,
to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link
to any of the pages, data, materials, or content available on this Site.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Intellectual Property
to countries or persons prohibited under United States' export control laws. By
using, copying, or downloading any portion of the Intellectual Property, you are
representing that you are not in a country where such export is prohibited; that
you are not on the US Commerce Department's Table of Denial Orders or the US Treasury
Department's list of Specially Designated Nationals; and that you are not providing
access to the Intellectual Property to any person similarly situated.
INFORMATION SENT FROM USERS
Content you send to us, as between the two of us, whether via e-mail, forms, messages,
ideas, and/or suggestions, becomes our sole property and is transmitted at your
sole risk. You hereby represent and warrant that you own or have the right to submit
the foregoing to us.
You are strictly prohibited from uploading to the Site any material that contains
any virus, worm, "trojan horse," time bomb, or similar contaminating or destructive
feature. Violators may be prosecuted to the maximum extent of the law.
LEGAL RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account information
and your password, and for all activities that occur under your account and/or password.
We do not knowingly sell any of our products or services to anyone under the age
of 18. By using the Site, you represent that you are of sufficient legal age to
use the Site, and create binding legal obligations for any liability incurred as
a result of your use of the Site. If you become aware that an unauthorized person
may have access to your password, you should change your password immediately and
contact us.
The Site may contain links to sites that are not maintained by us. While we make
every effort to include links to only those sites that are in good taste and safe
for our visitors, we do not regularly review materials posted at such sites. These
links are provided solely as a convenience to you. We do not necessarily endorse
all of the materials appearing on such sites. We shall not be responsible for, and
we make no representation regarding, the content on such sites. If you choose to
link to any third-party site, you do so at your own risk.
PRIVACY
For information about our privacy policy, click here. Acceptance of these terms implies acceptance
of this privacy policy.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS OR DISTRIBUTORS, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES
AND MATERIALS PROVIDED ON THE SITE; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED
IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR
RESULTS OF THE USE, OF THE SERVICES AND MATERIALS ON THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY
AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, AND/OR
OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY 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. IN NO EVENT SHALL WE,
AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE,
OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS 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, 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
(1) YEAR 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.
THE SITE AS INTERMEDIARY
WE ARE ACTING AS AN INTERMEDIARY OR AS 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.). WE SHALL NOT BE
RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF SUCH
PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR
TRAVEL COMPANION(S), IF ANY. WE DO NOT GUARANTEE ANY OF SUCH PROVIDER'S RATES, BOOKINGS,
RESERVATIONS, OR OTHER PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION
OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF
ANY TRAVEL PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR
PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS,
DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE
MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).
INTERNATIONAL USE
We make no representation that materials or services available on the Site are appropriate
or available for use in locations outside the United States. Accessing materials
and services available on the Site from territories where their contents are illegal
is prohibited. Those who choose to access the Site from other locations do so on
their own initiative and are responsible for complying with local laws.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to terminate
your access to all or part of the Site, with or without notice, for any reason or
no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of their
respective officers, directors, employees, and agents, from and against any claim,
cause of action, or demand, including without limitation reasonable legal and accounting
fees, brought by or on your behalf in excess of the liability described herein or
by third parties as a result of your use of the Site.
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein, constitutes
the entire agreement with respect to this Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, with respect
to this Site. 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. These Terms shall be governed by and construed in accordance with the laws
of the State of Texas, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these
Terms shall be filed only in the state or federal courts located in Dallas, Texas,
and you hereby consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. If any provision of these Terms shall
be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
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