The services of this website are offered to our customers under the following terms and conditions. Your use of this website constitutes your agreement to all such terms and conditions. Any rights not expressly granted herein are reserved.
The online booking engine technology you are using is a service provided exclusively by, and is the sole property of, travel.win, LLC., (the "Website Administrator or "Administrator) and their suppliers. Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as, "Suppliers. Administrator retains all rights to display Supplier's content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. The online booking engine for travel products including, but not limited to hotel accommodations, air travel, cruises, destination activities, and rental cars is hereinafter referred to as the "Service or "Services.
As a condition of your use of this website and Service you warrant and represent to Administrator that you will not use this website or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this website or Service.
You agree to use this Service to make only legitimate reservations or purchases and shall not use this Service to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for all uses of this Service as well as for the use of your name and credit card account to pay for products and services purchased at this website by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using this website and Service is true and accurate.
We may use the information that you provide to tailor our experience to you and your needs so that our Service becomes inherently more useful over time.
We may use your email address to give you updates on your future reservations, prior reservations and how our service is evolving, as well as to provide you with promotional materials and offers, should you permit us by clicking accept on the check out page. It is our goal to have hotel and other promotions be useful and relevant to you, and we want them to become increasingly so over time.
Prepaid Reservation - Paid online at the time of booking. You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the total for the products reserved during booking, plus an additional amount for the governmental fees/taxes, tax recovery charges, and our service booking fees. The tax recovery charge is assessed to recover the amount we pay to the service provider in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The Suppliers bill all applicable taxes to us and we remit such tax directly to the Supplier. We are not a co-Supplier associated with the Supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our 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 property, automobile, etc. by our customer.
All bookings made will be charged in United States Dollars (USD). For localized sites, we will provide an estimate of local currency based on your language and your location chosen for this site. Prices are estimated based on published exchange rates in effect at the time of your booking, which may vary from when the charge appears on your account. Your card issuer may charge a foreign transaction fee and/or a currency conversion fee.
Please note that this is a United States of America based booking site and as such, the United States of America’s rules and regulations apply to any fees, charges and refunds.
The relationship between the travel vendors supplying services the Suppliers, Administrator, and you will be that of a travel provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Administrator reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law, or local laws or regulations.
Administrator reserves the right to cancel our Service or Services at any time for any reason.
You may not cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory/product you agree to purchase/book. Some reservations may not be canceled and some cancellations or reductions in bookings may result in a cancellation/reduction fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the product type you reserved, you may be subject to a charge based on the product type, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any booked reservation. Please review the terms and conditions associated with your reservation!
Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
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 below, 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. In addition to any other rights or remedies available to Administrator, and without any liability to any user of the Administrator Service, Administrator, at its sole discretion may terminate or restrict any user's access to Administrator Services at any time and without notice.
This website may contain hyperlinks to websites operated by parties other than Administrator. Such hyperlinks are provided for your reference only. Administrator does not control such websites and is not responsible for their contents, commitments, or obligations. Administrator’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES, CONTENT OR DATA FOUND ON OR IN CONNECTION WITH THIS SERVICE.
THE DATA AND SERVICES PROVIDED BY ADMINISTRATOR ARE PROVIDED "AS IS." ADMINISTRATOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR SERVICES PROVIDED BY ADMINISTRATOR OR A THIRD PARTY SUPPLIER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ALL IMPLIED WARRANTIES IN CONNECTION WITH SUCH DATA OR SERVICES. In no event shall Administrator be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on this website, or any failure or delay in updating or including any data on this website, or any use of or inability to use any data on this website (including, without limitation, the use of or inability to use Administrator for reservations or ticketing), or the performance or nonperformance by Administrator of any reservations or ticketing function, even if Administrator has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Administrator should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Administrator described above, Administrator's liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to Administrator for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.
YOU SHALL DEFEND AND INDEMNIFY ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTY AS A RESULT OF YOUR USE OF THIS SERVICE. SUCH INDEMNIFICATION SHALL INCLUDE ALL REASONABLE EXPENSES, COSTS OF COURT AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION WITH THE DEFENSE TO ANY CLAIMS DEFINED IN THIS PARAGRAPH MODIFICATION. Administrator may at any time modify these terms and conditions and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
The laws of Florida govern this agreement. You hereby consent to the exclusive jurisdiction and venue of the State courts in Broward County, Florida, U.S.A., 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 any and all disputes or claims that have arisen or may arise between you and Administrator, and any third-parties related to your use of this website, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
YOU AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms and Conditions as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection above of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice). The Notice to Administrator should be sent to travel.win, LLC, c/o StrategySmith, PA, 401 East Las Olas Blvd., Suite 130-120, Fort Lauderdale, FL 33301. Administrator will send any Notice to you to the physical address we have on file associated with your booking Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Administrator or third-party are unable to resolve the claims described in the Notice within 30 Days after the Notice is sent, you or Administrator or third-party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The arbitration shall be filed and held in Broward County, Florida or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Administrator or third-party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Administrator or third-party subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Administrator or third-party may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Administrator or third-party shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different of Administrator’s Users, but is/are bound by rulings in prior arbitrations involving the same of Administrator’s User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. At your request, Administrator or third-party will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Administrator or third-party for all fees associated with the arbitration paid by Administrator or third-party on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms of Service will continue to apply.
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Administrator or third-party prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and any Supplier. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period, and you will not be bound by the amended terms.
These terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s). You agree to the payment terms and conditions when booking with Your credit/debit card, it will be charged the full cost of your reservation upon submitting Your reservation request. There are no changes or modifications that will be allowed, unless permitted in the disclosures at the time of booking. Additionally, no refunds will be given in the event of a no-show or day of check-in cancellation. If You change or cancel your booking You will not get a refund or credit to use for a future stay. This policy will apply regardless of COVID-19, pandemic, or any other cause, subject to any consumer protection laws applicable to Your transaction.
The services of this website, application, or mobile application are offered to our customers under the following terms and conditions. Your use of this website constitutes your agreement to all such terms and conditions. Any rights not expressly granted herein are reserved.
The online booking engine technology you are using is a service provided exclusively by, and is the sole property of, travel.win, LLC., (the "Website Administrator or "Administrator) and their suppliers. Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as, "Suppliers.” Administrator retains all rights to display Supplier's content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. The online booking engine for travel products including, but not limited to hotel accommodations, air travel, cruises, destination activities, and rental cars is hereinafter referred to as the "Service or "Services.”
As a condition of your use of this website and Service you warrant and represent to Administrator that you will not use this website or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this website or Service.
You agree to use this Service to make only legitimate reservations or purchases and shall not use this Service to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for all uses of this Service as well as for the use of your name and credit card account to pay for products and services purchased at this website by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using this website and Service is true and accurate.
We may use the information that you provide to tailor our experience to you and your needs so that our Service becomes inherently more useful over time.
We may use your email address to give you updates on your future reservations, prior reservations and how our service is evolving, as well as to provide you with promotional materials and offers, should you permit us by clicking accept on the check out page. It is our goal to have hotel and other promotions be useful and relevant to you, and we want them to become increasingly so over time.
Prepaid Reservation - Paid online at the time of booking. You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the total for the products reserved during booking, plus an additional amount for the governmental fees/taxes, tax recovery charges, and our service booking fees. The tax recovery charge is assessed to recover the amount we pay to the service provider in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The Suppliers bill all applicable taxes to us and we remit such tax directly to the Supplier. We are not a co-Supplier associated with the Supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our 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 property, automobile, etc. by our customer.
All bookings made will be charged in United States Dollars (USD). For localized sites where there is a currency other than USD, we will provide an estimate of local currency based on several factors, including but not limited to your site language, your location, and the location chosen for this site. There is no guarantee of the accuracy of the conversion rate. Prices are estimated based on generally accepted published exchange rates in effect at the time of your booking, which may vary from when the charge appears on your account. Your card issuer may charge a foreign transaction fee and/or a currency conversion fee, and a differing conversion rate.
Please note that this is a United States of America based booking site and as such, the United States of America’s rules and regulations apply to any fees, charges and refunds.
The relationship between the travel vendors supplying services the Suppliers, Administrator, and you will be that of a travel provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Administrator reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law, or local laws or regulations.
Administrator reserves the right to cancel our Service or Services at any time for any reason.
You may not cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory/product you agree to purchase/book. Some reservations may not be canceled and some cancellations or reductions in bookings may result in a cancellation/reduction fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the product type you reserved, you may be subject to a charge based on the product type, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. Refunds are made at the discretion of the Administrator or Supplier. See the cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any booked reservation. Please review the terms and conditions associated with your reservation!
Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
This Section provides details of the terms relevant to the specific travel services provided by the Suppliers or the Administrator. These details are not exhaustive and do not replace the relevant terms and conditions, which are provided to you before you make a booking.
Each travel service may be offered separately or as part of a group of travel services and is subject to the relevant terms and conditions of the Supplier. Please also read this Section which will also apply to your booking as applicable. If there is any inconsistency between this Section and the relevant terms and conditions, the relevant terms and conditions prevail.
Payment
For certain bookings, payment for your car rental booking may be charged by the Supplier, not Administrator. Payment will always be upfront and in advance for the basic charges.
When you pick up your rental car, you/the driver must present your/their valid credit card. You must check with the Supplier and/or the vehicle provider which credit cards they accept. Debit cards are generally not accepted, this decision is made according to the policies of the Supplier of the vehicle rental. The Supplier may submit an authorization request to your credit card issuer during the rental period by way of a deposit. You/the driver should ensure you have a sufficient credit limit for this purpose. Some larger car types may require multiple credit cards.
If you do not follow the above rules, the Supplier may not make the vehicle available to you and you may, subject to the terms and conditions, be required to pay an amount up to the full price of car rental.
Supplements
Extra charges may be payable by you locally to the vehicle provider. For example, these charges may cover refueling, snow tires, additional driver charges, young driver surcharges, child seats and delivery and collection fees, etc. Administrator and the Supplier are not responsible for paying such extra charges.
An insurance excess amount may be applicable in the event of theft of, or damage to, the rental car and payable by you to the Travel Provider. This will vary depending on the Travel Provider and rental country. Purchase of optional extra insurance coverage by you locally can remove/reduce the applicable excess. We and the Travel Provider are not responsible for any excess payable or the provision of extra insurance coverage.
Fuel is not usually included in the rental price. In some countries, some vehicle providers may charge you for refueling when the vehicle is returned. Unless agreed otherwise, you must return the rental car to the same branch of the vehicle provider from which it was collected.
Collection and use of rental cars
Drivers must usually be aged between 21 and 75, although this can vary depending on the relevant vehicle provider and rental country. You are responsible for checking this with the Travel Provider. Extra charges may apply if a driver is aged below 25 or over 70.
When you collect your rental car, you/the driver must present your/their full valid driving licence for the category of vehicle rented. International rentals may have different driving license requirements. Please check what exact documentation is required by the vehicle provider. For example, if the drivers' license is not in the Roman alphabet, an international driving license is, or may be required. Extra documentation, such as a passport or up to two forms of proof of name and address, may also be required.
Typically, you will not be permitted to take your rental car outside of the rental country, or on ferries, or certain roads, and additional restrictions may apply. Please check with the vehicle provider.
Cancellation of bookings and unused rental days
No refunds will be offered on bookings cancelled within 24 hours of collection time or for any unused rental days, or for no-show for the rental. Supplier or Administrator may charge a cancellation fee. If any changes are needed to the booking, it will need to be cancelled and rebooked.
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 below, 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. In addition to any other rights or remedies available to Administrator, and without any liability to any user of the Administrator Service, Administrator, at its sole discretion may terminate or restrict any user's access to Administrator Services at any time and without notice.
This website may contain hyperlinks to websites operated by parties other than Administrator. Such hyperlinks are provided for your reference only. Administrator does not control such websites and is not responsible for their contents, commitments, or obligations. Administrator’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES, CONTENT OR DATA FOUND ON OR IN CONNECTION WITH THIS SERVICE.
THE DATA AND SERVICES PROVIDED BY ADMINISTRATOR ARE PROVIDED "AS IS." ADMINISTRATOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR SERVICES PROVIDED BY ADMINISTRATOR OR A THIRD PARTY SUPPLIER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ALL IMPLIED WARRANTIES IN CONNECTION WITH SUCH DATA OR SERVICES. In no event shall Administrator be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on this website, or any failure or delay in updating or including any data on this website, or any use of or inability to use any data on this website (including, without limitation, the use of or inability to use Administrator for reservations or ticketing), or the performance or nonperformance by Administrator of any reservations or ticketing function, even if Administrator has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Administrator should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Administrator described above, Administrator's liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to Administrator for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.
YOU SHALL DEFEND AND INDEMNIFY ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTY AS A RESULT OF YOUR USE OF THIS SERVICE. SUCH INDEMNIFICATION SHALL INCLUDE ALL REASONABLE EXPENSES, COSTS OF COURT AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION WITH THE DEFENSE TO ANY CLAIMS DEFINED IN THIS PARAGRAPH MODIFICATION. Administrator may at any time modify these terms and conditions and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
The laws of Florida govern this agreement. You hereby consent to the exclusive jurisdiction and venue of the State courts in Broward County, Florida, U.S.A., 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 any and all disputes or claims that have arisen or may arise between you and Administrator, and any third-parties related to your use of this website, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
YOU AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms and Conditions as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection above of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice). The Notice to Administrator should be sent to travel.win, LLC, c/o StrategySmith, PA, 401 East Las Olas Blvd., Suite 130-120, Fort Lauderdale, FL 33301. Administrator will send any Notice to you to the physical address we have on file associated with your booking Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Administrator or third-party are unable to resolve the claims described in the Notice within 30 Days after the Notice is sent, you or Administrator or third-party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The arbitration shall be filed and held in Broward County, Florida or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Administrator or third-party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Administrator or third-party subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Administrator or third-party may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Administrator or third-party shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different of Administrator’s Users, but is/are bound by rulings in prior arbitrations involving the same of Administrator’s User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. At your request, Administrator or third-party will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Administrator or third-party for all fees associated with the arbitration paid by Administrator or third-party on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms of Service will continue to apply.
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Administrator or third-party prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and any Supplier. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period, and you will not be bound by the amended terms.
These terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s). You agree to the payment terms and conditions when booking with Your credit/debit card, it will be charged the full cost of your reservation upon submitting Your reservation request. There are no changes or modifications that will be allowed, unless permitted in the disclosures at the time of booking. Additionally, no refunds will be given in the event of a no-show or day of check-in cancellation. If You change or cancel your booking You will not get a refund or credit to use for a future stay. This policy will apply regardless of COVID-19, pandemic, or any other cause, subject to any consumer protection laws applicable to Your transaction.
