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Website Terms of use Last Updated: 3/4/2008
The website located under the domain www.travelly.com
("Website") is operated by KHR Reservation Services, LLC, a
Florida limited liability corporation, d/b/a Travelly
("Travelly," "we," "our," "us"). Travelly is an online travel
agency that provides reservation and booking services for
hotels, resorts, carriers, and other travel-related product and
service suppliers ("Travel Businesses"). The Travel Businesses,
our and their affiliates, and our and their third party service
providers and suppliers are referred to herein as "Affiliated
Parties."
BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE
THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS
OR USE OUR WEBSITE. YOUR USE OF THE WEBSITE:
By accessing the Website, you (i) agree to provide true,
accurate, and current information about yourself as prompted on
the Website and (ii) agree to comply with all applicable laws in
connection with your use of the Website. The services of this
Website are available only to individuals who can form legally
binding contracts under applicable law, and thus, are not
available to minors. By using this Website, you represent that
you are of sufficient legal age to use this Website and to
create binding legal obligations for any liability you may incur
as a result of the use of this Website. You also warrant that
you are legally authorized to make the travel reservations and/or
purchases for either yourself or for another person for whom you
are authorized to act.
You agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy any
Website pages or any content included therein without our prior
written permission. You further agree that you will not (i) use
any device, software, or routine to interfere or attempt to
interfere with the proper working of the Website, (ii) interfere
or attempt to interfere with the proper functioning of the
Website or take any action intended to damage, detrimentally
interfere with, intercept or expropriate any system, data or
information, or (iii) make any speculative, false or fraudulent
reservations, or any reservation in anticipation of demand.
In addition to these Terms of Use, by using this Website you
agree to our Privacy Policy (which can be found at the following
link:
and all terms, conditions, and
notices specified on other web pages on this Website.
PROPRIETARY RIGHTS INFORMATION:
TRAVELLY is a trademark/service mark of us or our Affiliated Parties.
Other trademarks, service marks, product names, company names, and logos appearing
on this Website are the property of their respective owners. Unauthorized use of
any trademarks, service marks, product names, company names, or logos may be a
violation of federal and state trademark laws.
This Website, and the content included therein, is protected by U.S. and foreign
copyright laws. You may not modify the information or materials displayed on, or
that can be downloaded from, this Website in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such information or materials for any
public or commercial purpose. You may print or download one copy of the materials
or content on the Website on any single computer for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary notices. Use of the
content or materials for any purpose not expressly permitted in these Terms of Use
without first obtaining the express written permission of the owner thereof is
prohibited.
USER CONTRIBUTED CONTENT:
You may not post, submit, or transmit any content that violates any applicable
law, regulation, or rule. You are solely responsible for any content that you post. We
may elect to monitor areas of the Website by electronic or other means, but we are not
responsible for screening, policing, editing, or monitoring user-contributed content.
By posting any content on the Website, you hereby grant us and our Affiliated Parties a
perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use,
copy, display, perform, create derivative works from, distribute, have distributed, transmit,
and sublicense such content in any form in all media now known or hereinafter created anywhere
in the world. You warrant and represent that you own or otherwise control all of the rights
in and to the content and that public posting and use of your content by us will not infringe
or violate the rights of any third party.
We respect the intellectual property rights of others and expect our Website users to do the same.
We may remove content that in our sole discretion appears to infringe the intellectual property
rights of others. If you believe that any content on the Website infringes your copyrights, please
notify our Copyright Agent, as identified below, and provide the following information: (1) a physical
or electronic signature of the person authorized to act on behalf of the owner of the copyright; (2)
an identification of the work claimed to have been infringed; (3) a detailed description of the
material that you claim is infringing, including identification of the URL or other specific location
on the Website where the material is located, so that we may locate it; (4) your address, telephone
number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly
infringing use is not authorized by the copyright owner, its agent, or the law; and (6) a statement,
made under penalty of perjury, by you that the above information is accurate and that you are
authorized to act on behalf of the copyright owner. Our Copyright Agent is and can be reached
at:
Travelly
Attn: Amy Dang
7270 NW, 12th Street, Suite 340
Miami, Florida 33126
PASSWORDS:
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your user
information and passwords, and accept responsibility for all activities that occur under your account or password.
Without limiting the foregoing, neither we nor our Affiliated Parties take any responsibility or assume any
liability for any content posted or submitted by you or any users of your account.
LINKS TO OTHER WEBSITES:
This Website includes links to other websites. We provide such links solely as a convenience to you
and for informational purposes only. We have not reviewed all of the information on these other web
sites. The inclusion of these links in no way indicates our endorsement, support or approval of the
content, advertising, products, services, policies or other materials on or available from such
websites. We are not responsible for the content of any other websites and make no representation
or warranty regarding any other websites or the contents or materials on such websites. If you decide
to access other websites, you do so at your own risk and such use is subject to any applicable terms
of use of such other websites.
LINKS TO THIS WEBSITE:
Unless otherwise set forth in a written agreement between you and us, you must adhere to our linking policy as
follows: (i) any link to this Website must be a text only link clearly marked “Travelly”; (ii) the appearance,
position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our
or our Affiliated Parties’ names and trademarks; (iii) the link must “point” to this Website’s homepage and not
to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create
the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us;
(v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the
linking Website; and (vi) we reserve the right to revoke consent to the link at any time and in our sole
discretion.
MIS-COMMUNICATIONS / LOST TRANSACTIONS:
We and our Affiliated Parties are not responsible for communication malfunctions,
failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages
or entries, or the security of any such communications, or any incorrect or inaccurate
information you provide to us.
We and our Affiliated Parties may cancel or modify reservations where it appears that
a user has engaged in fraudulent or inappropriate activity or under other circumstances
where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither us nor any Affiliated Party are responsible for any damages that may
arise as a result of any travel or hotel arrangements or other orders you request or make
on this Website that are not processed or accepted for any reason.
PERSONAL INFORMATION, CREDIT CARD INFORMATION:
YOU AGREE THAT NEITHER US NOR ANY AFFILIATED PARTIES ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR
DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE
INFORMATION, RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED
ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE. YOU AGREE THAT NEITHER US NOR ANY AFFILIATED PARTIES ARE
RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION,
PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER US NOR ANY AFFILIATED PARTIES
ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
TRAVEL DESTINATIONS:
Travel to certain destinations may involve greater risk than others and may require certain documents. We urge
passengers to review travel requirements, prohibitions, warnings, announcements and advisories issued by the United
States Government or governmental agencies of other countries prior to booking travel to international destinations.
Information on travel requirements, conditions in various countries, as applicable, and the level of risk associated
with travel to particular international destinations can be found at
,
,
,
,
,
and
. WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO,
OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS WEBSITE IS ADVISABLE OR WITHOUT RISK, AND
NEITHER US NOR ANY AFFILIATED PARTY SHALL BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING
IN, SUCH DESTINATIONS.
USE OF SERVICES PROVIDED BY AFFILIATED PARTIES:
In order to offer the services related to this Website, and fulfill reservations or orders you place on this Website,
we may share information that you provide to us with Affiliated Parties, in accordance with our Privacy Policy. Your
credit card statements for products or services purchased on this Website may refer to such Affiliated Parties or
their respective fulfillment vendors, rather than to us or the Travel Business at which you may have booked a
reservation.
You agree to pay all amounts, duties, taxes, and related charges arising out of your use of this Website and of the
services provided herein when due, including additional taxes and fees that may not be included in the quoted fee.
You agree to comply with all policies and rules set forth by our Affiliated Parties, including penalty fees arising
from your failure to comply with such policies rules. You understand that any violation of any Affiliated Party’s policies
or rules may result: in cancellation of your reservation(s) or purchase(s); in your being denied access to any flight(s),
hotel(s), automobile(s), activities, or service(s); in your forfeiting any monies paid for such reservation(s) or purchase(s);
and in us or our Affiliated Parties debiting your account for any costs we or such Affiliated Parties incur as a result of
such violation. You also agree to allow us to charge the credit card on file with us for the payment of penalties arising
from your failure to comply with such rules. Such payment will be collected without additional notice.
YOU AGREE THAT TRAVELLY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE
OF ANY AFFILIATED PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM
THE USE OF SERVICES OR PRODUCTS PROVIDED BY AFFILIATED PARTIES. TRAVELLY HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR
ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY
ADDITIONAL EXPENSES RESULTING THEREFROM.
DENIAL OF ACCESS:
In our sole discretion, in addition to any other rights or remedies available to us, and without any liability
whatsoever to you, we, at any time and without notice, may terminate or restrict your access to this Website and
any related services. If asked to do so, you agree that you will not attempt to access this Website.
ADDITIONAL TERMS:
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions
of this Website, and you agree to abide by such other terms and conditions.
ATTORNEY’S FEES:
If we take any action to enforce these Terms of Use, we will be entitled to recover from you, and you agree to pay, all
reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity,
to which we may be entitled.
MODIFICATION:
We may at any time modify these Terms of Use, and your continued use of this Website will be conditioned upon the terms and
conditions in force at the time of your use. Accordingly, you agree to review these Terms of Use periodically, and your continued
access, use and/or posting on this Website shall be deemed your acceptance of the changed Terms of Use.
The offering of any product or service on this Website does not imply or warrant that such product or service will be available
at any time. We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend, or discontinue any
aspect of the Website at any time. We may also impose limits on certain features of the Website or restrict access to any part
or all of the Website without notice or penalty.
EXCLUSION OF WARRANTY, DISCLAIMER:
YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TRAVELLY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR
PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE;
OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state
to state. TRAVELLY AND ITS AFFILIATED PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT
WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN
CORRESPONDENCE OR INFORMATION PROVIDED BY TRAVELLY WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL TRAVELLY, ITS AFFILIATED PARTIES, OR ANY OF THEIR AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR
USE OF THIS WEBSITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF
THIS WEBSITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY TRAVELLY OR ITS AFFILIATED PARTIES
OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS
LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions
may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TRAVELLY, ITS AFFILIATED PARTIES, OR ANY OF THEIR AGENTS,
REPRESENTATIVES, OR LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE AND/OR ANY RELATED PRODUCTS
OR SERVICES.
IN THE EVENT TRAVELLY IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO
REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU, IF ANY, THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS WEBSITE BEYOND ONE (1) YEAR AFTER THE FIRST
OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
INDEMNIFICATION:
You agree to indemnify and hold us and our Affiliated Parties and our and their subsidiaries, affiliates, officers,
directors, agents and employees harmless from any claim or demand, including liabilities, damages and reasonable
attorney’s fees awarded or incurred, made by any third party due to or arising out of your breach of these Terms of
Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
LOCATION; APPLICABLE LAW:
Any disputes arising out of or related to the Website shall be governed by and construed and enforced in accordance
with, the laws of the state of Florida applicable to contracts entered into and to be performed entirely within the
state of Florida. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms of Use, including, without limitation this paragraph.
We make no representation that the information in this Website is appropriate or available for use in other locations, and access
to the Website from territories where the content of the Website or use of the products offered herein may be illegal is prohibited.
Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with
applicable local laws.
GENERAL:
These Terms of Use, as modified from time to time and including the supplemental terms and policies incorporated by reference,
sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. These Terms
of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions. We shall not be liable for any delay or failure in performance
under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor
disputes, materials provided by third parties, or any cause beyond our reasonable control. Our failure to exercise any right
or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms
of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
QUESTIONS/COMMENTS/CONCERNS:
If you have any questions, comments, or concerns about our Terms of Use, you may contact us at
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