PLEASE READ THESE TERMS OF USE
PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THE SITE (the
"Site")
THE SITE
USflydrive.com is a website owned and managed by Big Sky Group, incorporated
in the Principality of Andorra. Fulfillment partners for European departures
is Skytours GmbH, Germany and for North American departures Skytours Online Inc. California USA
By using the Site, you signify your binding agreement to these Terms. We reserve
the right, in our sole discretion, to change, modify, add, or remove portions or
all of these Terms at any time. Please check these Terms periodically for
changes.
Your continued use of the Site following the posting of changes to these Terms
(including our "Privacy Policy") constitutes your binding acceptance of those
changes.
Further, we may change any or all content on the Site, including, but not
limited to, products, programs, and/or services described on or offered through
the Site, without notice and without liability.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images,
illustrations, text, audio clips, and video clips, are protected by or consist
of copyrights, trademarks, service marks, and/or other intellectual property
rights ("Intellectual Property"). The Intellectual Property is governed and
protected by European / American and worldwide copyright, trademark, and/or
other intellectual property laws and treaty provisions, privacy and publicity
laws, and communications regulations and statutes. The Intellectual Property is
owned or controlled by us or other parties that have licensed to us the right to
use their Intellectual Property or the right to market their products and/or
services (collectively the "Providers").
The Intellectual Property is provided solely for your personal, non-commercial
use. You agree to abide by all additional copyright notices, information, or
restrictions contained in any material or content on the Site. You may download
any Intellectual Property solely for your personal, non-commercial use,
consistent with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit any Intellectual
Property in any way (including by e-mail or other electronic means) without our
prior written consent or that of the Providers. Modification of any Intellectual
Property or use of any Intellectual Property for any other purpose is a
violation of the copyrights, trademark rights, and other proprietary rights. The
use of any Intellectual Property on any other site or networked computer
environment, or maintaining unauthorized links to the Site, is prohibited by
these Terms.
All software, applications, and modules (collectively, "software") used on the
Site are proprietary to or licensed to us by other parties ("Software
Providers", together with Providers, the "Providers"). You may not reproduce,
reverse engineer, create derivative works of, reverse assemble or reverse
compile, sell, lease, distribute, rent, assign, transfer, or modify any software
on the Site.
The European / American laws control the export of products and information. You
agree to comply with such restrictions and not to export or re-export the
Intellectual Property to countries or persons prohibited under European /
American' export control laws. By using, copying, or downloading any portion of
the Intellectual Property, you are representing that you are not in a country
where such export is prohibited; that you are not on the US Commerce
Department's Table of Denial Orders or the US Treasury Department's list of
Specially Designated Nationals; and that you are not providing access to the
Intellectual Property to any person similarly situated.
INFORMATION SENT FROM USERS
Content you send to us, as between the two of us, whether via e-mail, forms,
messages, ideas, and/or suggestions, becomes our sole property and is
transmitted at your sole risk. You hereby represent and warrant that you own or
have the right to submit the foregoing to us. We will respond to customer
service questions in accordance with our "Privacy Policy."
You are strictly prohibited from uploading to the Site any material that
contains any virus, worm, "Trojan horse," time bomb, or similar contaminating or
destructive feature. Violators may be prosecuted to the maximum extent of the
law.
SIGNING-UP /SUBSCRIBING TO OUR MAILING LIST
By submitting your email address, you agree to give us permission to send you
emails regarding travel updates, newsletters or information that we want
to inform you about. We reserve the right to deny you this service.
You agree that you are legally an adult (according to the laws by which you are
governed) before subscribing to any of USflydrive.com mailing lists.
You agree not to post copyrighted or illegal content on any of USflydrive.com's
lists. You agree that any and all posts made on any USflydrive.com list
become property of USflydrive.com.
USflydrive.com does not vouch for the accuracy, correctness, legality or any
other aspect of any posting made on any USflydrive.com mailing lists.
BEST PRICE TECHNOLOGY
Our state of the art booking engine uses artificial intelligence mimicking a
real travel agents search for finding the best fare and connection for your
flight requirements. Our personal knowledge and experience of
over 30 years of ticket issuance is implemented in this new automated
technology. Sometimes we break the travel on a given point and add two
individual
airfares together or use some other creative algorithm to get you a cheaper
deal. We update and improve our system all the time and pride ourselves in
having the most advanced booking engine on the Internet.
TICKETING
For USflydrive.com vacation packages we ticket all purchases in the Currencies
of US$, EURO, SEK, NOK, DKK. All prices shown in other currency is for
comparison only, and slight differences may occur.
CANCELLATION / CHANGES USflydrive.com vacation packages, once ticketed and
charged, cannot be refunded or changed without penalty. Against a processing fee
of EUR25.00 we will contact both the airline(s) and the Car rental company
and request refund or changes. They will than stipulate their applicable
cost. All moneys returned to us from the airlines and car rental company will be
forwarded to you. Please be aware at you may not receive any money back should
both the airline and the car rental company's tariff used being non refundable.
LEGAL RESPONSIBILITY
The Site may contain links to sites that are not maintained by us. While we make
every effort to include links to only those sites that are in good taste and
safe for our visitors, we do not regularly review materials posted at such
sites. These links are provided solely as a convenience to you. We do not
necessarily endorse all of the materials appearing on such sites. We shall not
be responsible for, and we make no representation regarding,
the content on such sites. If you choose to link to any third-party site, you do
so at your own risk.
PRIVACY
You have read our Privacy Policy, the terms of which are incorporated herein,
and agree to such terms.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS PROVIDED BY THE SITE ARE PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS OR
DISTRIBUTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS
FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS
PROVIDED ON THE SITE; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR
RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE
ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR
ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE.
IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS
OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE
INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE
LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES
SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE
OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF
PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM
THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS
COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.
THE SITE AS INTERMEDIARY
WE ACT AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED
PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR
BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND
TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE,
ETC.). WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR
OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE,
DELAY, OR INJURY TO YOU AND/OR YOUR TRAVEL COMPANION'S), IF ANY. WE DO NOT
GUARANTEE ANY OF SUCH PROVIDERS RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE
TERMS.
WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF TRAVEL-RELATED PRODUCTS AND/OR
SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY TRAVEL PROVIDER'S), OR DUE TO
MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR
CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL
CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE"
(I.E., THOSE BEYOND OUR REASONABLE CONTROL).
INTERNATIONAL USE
We make no representation that materials or services available on the Site are
appropriate or available for use in locations outside the European or American
Territory. Accessing materials and services available on the Site from
territories where their contents are illegal is prohibited. Those who choose to
access the Site from other locations do so on their own initiative and are
responsible for complying with local laws.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to
terminate your access to all or part of the Site, with or without notice, for
any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of
their respective officers, directors, employees, and agents, from and against
any claim, cause of action, or demand, including without limitation reasonable
legal and accounting fees, brought by or on your behalf in excess of the
liability described herein or by third parties as a result of your use of the
Site.
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein,
constitutes the entire agreement with respect to this Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral,
or written, with respect to this Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. These Terms shall
be governed by and construed in accordance with the laws of the Principality of Andorra,
without giving effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these Terms shall be filed only in
the Andorran courts located in Andorra la Vella, and you hereby agree to consent and
submit to the exclusive personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these Terms shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable from
these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated: Feb 05 2012
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