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Website Terms Of Use

Terms of Use

AGREEMENT BETWEEN CUSTOMER AND Avoya Travel

This website is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

This website is for your personal and noncommercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Avoya Travel or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to 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 this website. In addition, whether or not you have a commercial purpose, you agree not to:

(i) 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 express written permission of Avoya Travel; (ii) 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; (iii) take any action that imposes, or may impose, in the discretion of Avoya Travel, an unreasonable or disproportionately large load on the Avoya Travel infrastructure; or (iv) deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Avoya Travel.
RIGHT AND TRADE-MARK NOTICES

All contents of this website are: © 2014 Avoya Travel, 5201 Blue Lagoon Drive, Suite 900 Miami, FL 33126. All rights reserved. Avoya Travel, Anderson Travel, Avoya Travel, Avoya, Cruise Explorer, Cabin Explorer and related logos are either registered trademarks or trademarks of Avoya Travel, Anderson Travel, Avoya Travel, Avoya, Cruise Explorer and / or Cabin Explorer. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, Avoya Travel AND ITS INDEPENDENT AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CRUISE, ESCORTED TOUR, VACATION PACKAGES, HOTEL, AIR, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND Avoya Travel AND ITS INDEPENDENT AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Avoya Travel, ITS INDEPENDENT AFFILIATES, AND / OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES ON THIS WEBSITE AT ANY TIME.

Avoya Travel, ITS INDEPENDENT AFFILIATES, AND / OR 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 FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY Avoya Travel OR ITS INDPENDENT AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Avoya Travel, ITS INDEPENDENT AFFILIATES, AND / OR 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, CRUISES, TOUR OPERATORS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR Avoya Travel ARE INDEPENDENT ENTITIES AND NOT AGENTS OR EMPLOYEES OF Avoya Travel OR ITS INDEPENDENT AFFILIATES. Avoya Travel AND ITS INDEPENDENT AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Avoya Travel AND ITS INDEPENDENT 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 Avoya Travel, ITS INDEPENDENT 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, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Avoya Travel, ITS INDEPENDENT AFFILIATES, AND / OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend and indemnify Avoya Travel, its Independent Affiliates, parent and subsidiary companies and / or their respective suppliers and any of their officers, directors, shareholders, employees, representatives, independent contractors 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

(i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of these website Terms, Conditions, and Notices 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.
NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES

This website may contain hyperlinks to websites operated by parties other than Avoya Travel. Such hyperlinks are provided for your reference only. Avoya Travel does not control such websites and is not responsible for their contents or your use of them. Avoya Travel's 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 Avoya Travel, its Independent Affiliates, and / or their suppliers. Your use of the 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 not accompanied by a License Agreement, Avoya Travel hereby grants to you, the user, a 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 Avoya Travel, its Independent Affiliates, and / or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, 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 WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and / or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

TERMS, CONDITIONS AND WARRANTIES
Tax Recovery Charge

The tax charge on Special Rate transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that is paid to the vendors (e.g. cruise, tour, hotel, and car suppliers, etc.) in connection with your travel arrangements.

Avoya Travel is not the vendor collecting and remitting said tax to the applicable tax authorities. Avoya Travel is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.

Taxability and the appropriate tax rate vary greatly by location. Avoya Travel's actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the cruise, escorted tour, vacation package, hotel, car, etc. by our customer. Certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the booking of a cruise, an escorted tour, a vacation package, a hotel room, an automobile, etc. The type of tax charged by the vendor will vary by service and location.

Service Fee

These fees cover the costs incurred by Avoya Travel in servicing your travel reservation.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Avoya Travel 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, Avoya Travel 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.

MODIFICATION OF THESE TERMS AND CONDITIONS

Avoya Travel reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Avoya Travel's website and facilities.

GENERAL

This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, 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, employment, or agency relationship exists between you and Avoya Travel as a result of this agreement or use of this website.

Avoya Travel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Avoya Travel's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Avoya Travel with respect to such use.

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 the customer and Avoya Travel with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Avoya Travel 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 herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

USE OF Avoya Travel PERSONAL VACATION PLANNERS

Avoya Travel Personal Vacation Planners and Customer Care Representatives are provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. Avoya Travel Independent Affiliates are independent contractors who own and operate their own travel business and as such are solely responsible for their own actions. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website and the use of Personal Vacation Planners and Customer Care Representatives of Avoya Travel (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website 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 this website may result in you being denied access to such facilities.

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or 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 understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any cruises, escorted tours, vacation packages, flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Avoya Travel debiting your account for any costs Avoya Travel incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

SELLER OF TRAVEL

Avoya Travel is a registered seller of travel under the following United States' seller of travel regulations.

Registration as a seller of travel in these states does not constitute the state's approval.

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. The information supplied by this application is believed to be accurate, but Avoya Travel, its Independent Affiliates, and / or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, Avoya Travel advises the customer to consult a qualified professional to verify the accuracy of the currency rates. Avoya Travel, its Independent Affiliates, and / or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.