Terms of Use

Updated: 2/15/2008

Thank you for visiting the Travelation website, st.travelation.com. These Terms of Use apply to your access to and use of this website (the "Travel Site"), and all travel related products, services and content. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Travelation AND ITS SUBSIDIARIES AND AFFILIATES ("TL") AND SHOULD BE READ CAREFULLY BY ACCESSING THE TRAVEL SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE.

YOU AGREE THAT ANY DISPUTE WITH RESPECT TO THESE TERMS OF USE OR THE TRAVEL SITE WILL BE RESOLVED IN SAN DIEGO, CALIFORNIA, REGARDLESS OF YOUR RESIDENCE OR PLACE OF BUSINESS.

TL may at any time modify (a) the Travel Site, including eliminating or discontinuing any content on or feature of the Travel Site, (b) any fees or charges for use of the Travel Site, and (c) these Terms of Use. Your continued use of the Travel Site will be conditioned upon the Terms of Use in force at the time of your use.

1. THIRD PARTY SERVICE PROVIDERS

   Certain products, services and content available on the Travel Site are provided by third parties (the "Service Providers"), including, but not limited to, the air carriers, hotels, car rental agencies, cruise lines, tour operators, insurance carriers and other suppliers providing travel or other services on the Travel Site. In addition, certain software and data found on the Travel Site are the copyrighted property of the Service Providers and/or their third-party providers and distributors.

2. RELATIONSHIP

   No joint venture, partnership, employment, agency or fiduciary relationship exists between you and TL as a result of your use of our travel services, including the Travel Site. In our role as a travel agent and provider of the Travel Site, TL acts as an independent contractor. TL assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, we may receive compensation from suppliers when customers use various forms of payment for supplier products and services. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability your preferences and any agreements we have to book travel in accordance with your company's travel policies. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.

3. USE OF THE TRAVEL SITE

   You may only use the Travel Site to make legitimate reservations or purchases and shall not use the Travel Site for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any "robot", "spider", or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Travel Site, (b) link to any portion of the Travel Site, without the prior written permission of TL, (c) use the Travel Site in violation of, or to violate, any law, rule or regulation, or (d) "frame", "mirror", or otherwise incorporate any part of the Travel Site into any other website without TL's prior written authorization.

   You acknowledge and agree that you will not use, nor will you permit any use of, the Travel Site in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Travel Site from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Travel Site in the event of a breach of this obligation.

   You specifically agree to indemnify and hold harmless TL and the Service Providers for any breach of this "Use of Travel Site" section.

4. TERMS OF PURCHASE

   Separate terms and conditions dictated by the applicable Service Provider will apply additionally to your reservation and purchase of products and services on the Travel Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Service Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) TL debiting your account for any costs TL incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Travel Site.

5. AGE AND RESPONSIBILITY

   You represent that you are of sufficient legal age to use the Travel Site and to create binding legal obligations for any liability you may incur as a result of the use of the Travel Site. You agree to supervise all use of the Travel Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Travel Site is true and correct. You understand that you are responsible for all uses of the Travel Site by you and those using your name or account. We retain the right to deny access to anyone to the Travel Site, at any time and for any reason, including without limitation for violation of these Terms of Use.

6. NO WARRANTIES

   YOUR USE OF THE TRAVEL SITE, AND ALL MATERIALS AND SERVICES PROVIDED ON THE TRAVEL SITE, ARE AT YOUR SOLE RISK. THE TRAVEL SITE, AND ALL MATERIALS AND SERVICES PROVIDED ON THE TRAVEL SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

7. DISCLAIMER REGARDING SERVICE PROVIDERS

   THE SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF TL. TL ACTS SOLELY AS A SALES AGENT FOR THE SERVICE PROVIDERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TL SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND TL HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT TL INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE TRAVEL SITE DOES NOT MEAN TL IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.

8. LIMITATION OF LIABILITY

   TL AND THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT 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 IN THE TRAVEL SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE TRAVEL SITE. IN NO EVENT SHALL TL OR ANY SERVICE PROVIDER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, 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, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE TRAVEL SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE TRAVEL SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY TL OR ANY SERVICE PROVIDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

   If, notwithstanding the foregoing, TL or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Travel Site or its content, the liability of each of TL and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the Travel Site, or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to TL and without any liability whatsoever, TL at any time and without notice may terminate or restrict your access to any component of the Travel Site.

9. TRAVEL TO CERTAIN DESTINATIONS

   While most travel — domestic and international — is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. TL urges users of the Travel Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations.

   BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, TL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

10. TRANSMISSION OF PERSONAL DATA

    You acknowledge and agree that by providing TL with any personal information through the Travel Site for the purpose of registering on the Travel Site, or reserving or purchasing products or services, you consent to TL sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Policy.

11. INDEMNIFICATION

    You shall defend and indemnify TL and any Service Providers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by a third party as a result of your use of the Travel Site.

12. COPYRIGHTS/TRADEMARKS

    The trademarks, logos and service marks ("Marks") displayed on the Travel Site are the property of TL and the Service Providers. All information and content including any software programs available on or through the Travel Site ("Content") is protected by copyright.

13. GENERAL

    These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions. If any provision of these Terms of Use is held or deemed invalid, unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.