Terms of Use
Welcome to NetTrav.com. Use of this Website is offered to you expressly conditioned on your acceptance to all of the terms, conditions, and notices set forth below (collectively, the "Terms of Use"), without modification. By accessing or using this Website, you signify your agreement to be bound by the Terms of Use. If you do not agree with or accept ALL of these terms and conditions, do not use this Website. The Terms of Use may be updated or modified from time to time. You may return to this page at any time to read and review the then effective version of the Terms of Use. We maintain the right, at our sole discretion, to change, update, or modify the Terms of Use without prior notice. Continued use of this Website shall signify your assent to the updated or modified Terms of Use. Trademarks, Service marks, and Copyright Notice This Website and all of the content on this Website is the copyrighted property of netTrav, Inc. and/or netTrav.com, All rights reserved. NetTrav.com and netTrav is protected as a registered trademark and/or common law trademark of netTrav, Inc. Other trademarks, service marks, logos, products, and company names used on the Website may be the registered property of their respective owners. Authorized use of this Website NetTrav offers users a limited, non-transferable license to use this Website as authorized by these Terms of Use. You may use this Website provided that:
Privacy Policy Please review the current Privacy Policy{link to privacy policy}, incorporated to these Terms of Use by reference. The terms contained within the Privacy Policy also regulate and govern your use of netTrav.com. Comments and Ratings You understand and agree that upon submitting any content to this Website, including but not limited to hotel reviews, questions, comments, suggestions, ideas, or any similar submission, you confer netTrav and its assignees a fully transferable, licensable, non-revocable right to use, modify, reproduce, edit, censor, display, publish and recreate your submission with no compensation to you. Further, you agree that we may use the name you provided in connection with your submission. User submissions may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. NetTrav expressly disclaims any and all responsibility for user submissions and assumes no liability. You are prohibited from submitting any unlawful, defamatory, obscene, pornographic, threatening, or other content that would contravene privacy or publicity rights or any other law. Commercial material and material that infringes upon the intellectual property or proprietary rights of third parties is similarly prohibited. Express Disclaimer of Liability THE CONTENT, PRICES, INFORMATION, AND DATA PROVIDED ON THIS WEBSITE, MAY INCLUDE ERRORS AND/OR INACCURACIES. NETTRAV AND ITS PARTNERS DISCLAIM ALL GUARANTEES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES, AND OTHER WARRANTIES ARISING BY STATUTE OR LAW OR FROM STANDARD COURSE OF DEALING OR COURSE OF TRADE. NETTRAV.COM NOR ANY THIRD PARTY PROVIDER WARRANTS THAT THIS SITE, THIS SITE’S SERVERS, OR ANY ELECTRONIC MESSAGE SENT FROM NETTRAV.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NetTrav.com is not liable and assumes no responsibility for any viruses that may infect your computer or computer equipment or other property due to your access, use, or browsing of this Site, your downloading of any material, data, or images. In no event will netTrav.com or any third party be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or any consequential damages, whether based in contract, tort, strict liability, or other, arising from the use of this Site or its content, any failure or delay (including the use of any portion of this Site for booking), or the performance or inability to perform by netTrav.com or any third party. HOTEL RATINGS or comments DISPLAYED ON THIS SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND netTrav.com DOes NOT GUARANTEE THE ACCURACY OF THE RATINGS. NetTrav.com MAKEs NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. NetTrav.comMAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. Any carrier, hotel, or other supplier providing travel or services on this Site are independent contractors, they are NOT employees or agents of netTrav.com. NetTrav.com is not responsible or liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such independent contractor. NetTrav.com is not responsible and will make no refund in the even of any delay, cancellation, overbooking, strike, force majeure, or other causes outside of netTrav’s control. NetTrav.com do not represent that travel to any or all of the destinations offered on the Site are advisable or without risk. NetTrav.com is not liable or responsible for any damages or loss that may result from travel to such destinations. NetTrav.com reserves the right to correct any error on the Site or on a booking. Should an error in price occur on a pending booking, you may keep the pending booking at the correct price or netTrav.com will cancel your booking without any financial penalty to you. If, despite the limitation above, netTrav.com or a third party supplier is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then netTrav.com or their third party supplier liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of netTrav.com and/or their third party suppliers. Currency Conversion 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 feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but netTrav.com does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes. Monitoring the Site From time to time, NetTrav.com shall monitor and review the transmissions and content passing through this Site. NetTrav.com may edit or remove the transmission of information that netTrav.com deems inappropriate or a violation of this agreement. During the review, any content may be examined, copied, or stored. Your use of this Site shall act as your express consent to this review process. Indemnification You understand and agree to defend and indemnify netTrav.com and any third party provider and any officers, directors, employees, and agents from and against any claim, cause of action, and/or demand, including legal and/or accounting fees, initiated by you, on your behalf, or by third parties in excess of the liability described in this agreement, resulting from your use of this Site. COPYRIGHT INFRINGEMENT The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to netTrav.com, 12264 El Camino Real, Suite 400, San Diego CA 92130, Attn: Legal Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. LINKS This site contains links to other sites which are provided solely as a convenience to you and not as an endorsement by netTrav.com, its third party providers or distributors of the contents of such other sites. NetTrav.com shall not be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk. OUR RELATIONSHIP NetTrav.com and you are independent contractors, and neither of us nor 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. GOVERNING LAW This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, the state of California, United States of America, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued. ATTORNEYS' FEES If netTrav.com takes any action to enforce these Terms of Use and these terms and conditions, netTrav.com will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. INJUNCTIVE RELIEF You acknowledge that a violation or attempted violation of any of these Terms of Use and these terms and conditions will cause such damage to netTrav.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that netTrav.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by netTrav.com in obtaining such an injunction, including, without limitation, reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction. TERMINATION NetTrav.com may terminate these Terms of Use and/or any provision of any of the services at any time for any reason, including any improper use of this Site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which netTrav.com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will terminate and revert to netTrav.com and its third party providers or distributors, as applicable. ASSIGNMENT You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. MODIFICATION NetTrav.com may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. ADDITIONAL TERMS 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. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). NetTrav.com may debit your account or charge you for any costs we incur as a result of such violation. SEVERABILITY 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. HEADINGS The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the terms and conditions herein. ENTIRE AGREEMENT This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute 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 or by making such amendments or modifications available on this site. SELLER OF TRAVEL REGISTRATION NetTrav, Inc. is registered as a seller of travel in California. California registration number: CST#2090570 Registration as a California Seller of Travel does not constitute approval by the state. |
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