By using our online booking engine (“Booking Engine”) you are agreeing to the following terms and conditions of use without modification or revision.  It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you, and your continued use of the Booking Engine will be conditioned upon the terms and conditions in force at the time of your use.  Therefore, you should carefully review the terms and conditions of this User Agreement each time you use the Booking Engine.  If the terms and conditions of this User Agreement are not acceptable to you, you must not use the Booking Engine.

OWNERSHIP

The Booking Engine is owned and operated by World Choice Travel, a division of Travelocity.com LP (“WCT”).  Skypass Travel, Inc. is an affiliate of WCT and is therefore authorized to offer Booking Engine functionality on its SKYPASS TRAVEL website. All information, including, without limitation, text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement the Booking Engine (“Content”), are the property of WCT or its licensors.  You do not, by using the Booking Engine, acquire any ownership or other rights to any Content or other materials contained on or accessible through the Booking Engine.

LIMITED RIGHT TO USE

Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from the Booking Engine solely for your personal and noncommercial use solely for purposes of enabling you to purchase products or services offered through the Booking Engine.  You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable from the Booking Engine. You may not 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 Booking Engine, in any case without the prior written permission of WCT. You agree that you will not transmit or otherwise transfer any Web pages, data or Content found on the Booking Engine to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Booking Engine. You agree that you will not take any action that imposes a burden or load on our infrastructure that WCT deems in its sole discretion to be unreasonable or disproportionate to the benefits WCT obtains from your use of the Booking Engine.

COPYRIGHT AND TRADEMARK NOTICES

The Content and other matters related to the Booking Engine are protected under applicable laws relating to intellectual property rights, including, but not limited to, copyright and trademark laws.  The copying, redistribution, use or publication by you of any such matters or any part of the Booking Engine, except as allowed under this User Agreement, is strictly prohibited.  The posting of Content or other materials on the Booking Engine does not constitute a waiver of any such rights.  World Choice Travel, WorldChoiceTravel.com and We Build Your Brand – Not Ours are either trademarks or service marks or registered trademarks or service marks of World Choice Travel.  Other product and company names mentioned on the Booking Engine may be trademarks or service marks of their respective owners. WCT reserves all right, title and interest in and to its copyright and trademark rights. AAA trademarks and service marks, including AAA and the Diamond Ratings trademarks and service marks ("AAA Marks"), are owned by the American Automobile Association ("AAA"). As a WCT user, you may view and search the AAA Marks but are prohibited from using the AAA Marks in any non-WCT application without first obtaining AAA's consent.

NONTRANSFERABLE

Your right to use the Booking Engine is not transferable.

LIABILITY DISCLAIMER AND LIMITS

THE CONTENT OR OTHER MATERIALS PUBLISHED ON THE BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  THE CONTENT MAY BE CHANGED OR UPDATED PERIODICALLY.  WCT AND ANY OF ITS AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO THE BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU. 

NEITHER WCT NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WCT OR ITS AFFILIATES.  ALL SUCH CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER.  WCT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  THE BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD WCT AND ITS AFFILIATES HARMLESS.

THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT WCT’S OR ITS AFFILIATES’ AGENTS.  NEITHER WCT NOR ITS AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.  FROM TIME TO TIME, ACCESS TO THE BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE.  YOU AGREE THAT NEITHER WCT NOR ITS AFFILIATES WILL HAVE ANY LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND WCT’S OR ITS AFFILIATES’ CONTROL, AND FURTHER THAT NEITHER WCT NOR ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. 

IN NO EVENT SHALL WCT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE BOOKING ENGINE OR THE DELAY OR INABILITY TO USE THE BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH THE BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF THE BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WCT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL WCT’S TOTAL LIABILITY FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF WCT’S PERFORMANCE HEREUNDER AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF (a) THE SUBSCRIPTION FEE AND SERIVCE CHARGE FOR ACCESSING THIS BOOKING ENGINE, OR (b) US$100.00. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO WCT AND WITHOUT ANY LIABILITY WHATSOEVER, WCT AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THE BOOKING ENGINE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Booking Engine, you agree that you will not use the Booking Engine for any purpose that is unlawful or prohibited by this User Agreement.  You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use the Booking Engine in accordance with the terms and conditions of this User Agreement.

You may only use the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.

USE OF INFORMATION

WCT reserves the right, and you authorize WCT and its affiliates, to use and assign all information provided by you in any manner consistent with WCT’s Privacy Policy.  You may view WCT’s Privacy Policy by clicking HERE.

CONTENT

Some of the Content that refers to city attractions, things to do, hotel accommodations, restaurants and other services is the property of, and is supplied by, third parties that are not under WCT’s control.  WCT does not independently verify, and does not guarantee, the accuracy of the information that we receive from such third parties.  All information, prices and availability are subject to change without notice.

LINKS TO OTHER WEBSITES

The Booking Engine may contain hyperlinks to websites operated by third parties.  WCT does not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions.  WCT is not responsible for the accuracy of opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by WCT.  Inclusion of any linked website on the Booking Engine does not imply or constitute approval or endorsement of the linked website by WCT.  If you decide to leave the Booking Engine to access these third party sites, you do so at your own risk.  All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites.  WCT is not responsible for information provided by you to third parties.

TAX RECOVERY CHARGE

In connection with facilitating your travel arrangements, we are required to pay to our travel suppliers, as and when billed by each supplier, an amount equal to certain taxes, governmental fees and other charges that such supplier must remit to the appropriate taxing authorities. We are not the vendor collecting and remitting taxes to such taxing authorities. The vendors (our travel suppliers) bill us an amount equal to all applicable taxes, and we pay over such amounts directly to the vendors. In order to recover the amount of such taxes, governmental fees and other charges, we impose a tax recovery charge.

TERMS OF SERVICE – HOT RATE HOTEL RESERVATIONS ONLY

Credit cards for Hot Rate hotel reservations will be charged the full amount for the reservation including all taxes and applicable service fees at the time of booking.  Reservations may be changed or cancelled anytime within the appropriate hotel’s cancellations policy period at a charge indicated on the applicable website.  Upon arrival and check in at a hotel, you are responsible for the entire length of stay.  No refunds or credits will be issued for any nights reserved but not consumed.  Cancellations made after the hotel cancel policy period has lapsed or no shows will be charged according to the hotel’s cancellation policy (although the cancellation charge usually equals one night’s room rate plus tax, you should look to the specific hotel’s policies for the exact charges that you may incur).  No contract will exist between you and WCT (or its affiliates) until WCT has sent you an email with a pre-payment voucher that you will present to the appropriate hotel at the time of your check in.

CURRENCY CONVERTER

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 for the day that currency was last updated.  Neither WCT nor its affiliates warrant or guarantee the accuracy of any such information.  When using this information for any financial purpose, WCT advises you to consult a qualified professional to verify the accuracy of the currency rates.  WCT does not authorize the use of this information for any purpose other than personal use and hereby prohibits, to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

INDEMNIFICATION

You agree to indemnify, defend and hold WCT and its affiliates and any of WCT or its affiliates’ officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including, without limitation, reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of the Booking Engine.

CONTRACT INFORMATION

No contract will exist as between you and WCT or any of its affiliates for the sale of any product or service unless and until WCT accepts your reservation by email confirming your reservation or purchase and issues you a unique confirmation code.  Acceptance will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that WCT sends the email to you, whether or not you receive the email.

MISCELLANEOUS

This User Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to any conflict of law principles.  You irrevocably and unconditionally agree that any legal proceeding arising out of or relating to this User Agreement may be brought in the United States District Court for the Southern District of Florida, West Palm Beach Division, or, if that court lacks jurisdiction, in any court of competent jurisdiction in Palm Beach County; and hereby consent to the jurisdiction of each such court in any proceeding.  Use of the Booking Engine is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between WCT and its affiliates and you, and supercedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Booking Engine, the Content or any products or services provided by or through the Booking Engine, and the subject matter of this User Agreement.

You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of the Booking Engine.

WCT’s performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of WCT’s right to comply with law enforcement requests or requirements relating to your use of the Booking Engine or information provided to or gathered by WCT with respect to such use.

If any part of this User 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 above, 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 the remainder of this User Agreement shall continue in effect.

WCT may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of the Booking Engine or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which WCT and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to WCT and its third party providers or distributors, as applicable.

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to WCT 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 WCT 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 WCT in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

WCT’s failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.  Any rights not expressly granted herein are reserved.

Other terms and conditions may apply to your purchase of products or services offered on or through the Booking Engine.

PURCHASE TERMS & CONDITIONS

IMPORTANT INFORMATION

1.)      Thank You for choosing SKYPASS TRAVEL, Inc. for your travel needs. Please check your travel documents and airline tickets immediately upon receipt. Verify the correct spelling of all names as well as your itinerary, flight times and dates.

2.)      RECONFIRMATION: For Domestic flights we recommend that you verify all flights prior to departure and at each point of stopover. This will give the airline an opportunity to advise you of any schedule changes which may have occurred since the purchase of your tickets. For International flights you MUST reconfirm continuing or return reservations at least 72 hours prior to flight time at each point of stopover or your reservations may be subject to automatic cancellation.

3.)      CHECK-IN: Due to heightened airport security we recommend that you allow sufficient time to check-in, go through security screening, and also complete immigration formalities as applicable. For Domestic flights arrive at the ticket counter 2 hours prior to departure. For International flights arrive at the ticket counter 3 hours prior to departure. Late check-in may result in denied boarding and possible penalties or cancellation of your pre-assigned seats. Certain airlines do not offer pre-assigned seating for discounted fares. If you are traveling with others the airline will make its best efforts to assign seating as close together as possible at time of airport check-in.

4.)      OVERBOOKING: Airline flights may be overbooked. A person denied boarding on a flight may be entitled to a compensatory payment from the airline. The rules for denied boarding compensation are available at all ticket counters.

5.)      CHANGES OR CANCELLATIONS: (a) BEFORE DEPARTURE: All changes and cancellations must be made through Skypass. (b) AFTER DEPARTURE: Changes may be made through the Airline. Ask for a receipt if you make changes with the Airline. CANCELLATIONS or request for partial refund must be made through Skypass. Please return all unused tickets to us immediately for possible future credit or refund as applicable to the type of fare purchased. Most special, excursion, and discount fares have various travel restrictions and usually carry a significant penalty for change or cancellation. Many fares are NON REFUNDABLE or if penalties apply, they can actually exceed the remaining value of the ticket. Be sure you understand these restrictions at time of purchase. If you are a NO-SHOW for any of your flights, the airline will automatically cancel all remaining flights in your itinerary and your ticket will have no value for future transportation. If you are holding guaranteed or prepaid hotel or car reservations and must cancel or change your booking you will need to contact the hotel or car company as soon as possible (but before the check-in time). Hotel and car deposit or prepayments are subject to each company's cancellation or change policy.

6.)      INSURANCE: Airline and other travel suppliers' insurance for baggage have limited liability. Your personal insurance may not adequately cover losses incurred by cancellation, accident, illness or stolen or damaged property. We strongly urge you to purchase additional insurance available to all travelers.

7.)      LOST TICKETS: Lost, stolen or destroyed tickets (including tour vouchers) must be paid for until refund is obtained from the issuing airline or tour operator, subject to any supplier imposed service charges.

8.)      PREPAID TICKETS: If your travel arrangements involve a request for prepaid airline tickets, picked up by the passenger at an airline ticket counter, please note that all airlines require a mandatory nonrefundable service charge for this service.

9.)      PHOTO ID: Increased airport security regulations require that all passengers present a government issued photo identification (such as a drivers license or passport) both at time of check-in and again before entering the gate area.

10.)   INTERNATIONAL TRAVEL DOCUMENTS: Traveler assumes complete and full responsibility for, and hereby releases Skypass Travel from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destination, during the duration of the purchased travel. Please note that International exit and entry for the United States requires a valid passport. Depending on your country of citizenship you may also be required to hold certain visas. Additionally, certain countries require that your passport be valid for at least 6 months beyond your intended dates of travel. It is also recommended that you have at least one blank visa page in your passport for each country you plan to visit.

11.) BAGGAGE: Free baggage allowance varies by airline, class of service flown, and destination. Please ask your agent what allowance applies for your purchased itinerary. Airlines are not responsible for Fragile, Valuable, or Perishable items packed in checked baggage. Each item must be clearly marked (on the outside) with your Name, Destination Address, and Phone number. We also recommend that you include this information inside of your baggage in case the outside label or tag is lost during transit. If you are traveling on multiple flights to your final destination you may be able to check your baggage directly to your final destination. If you are using multiple tickets for your journey to your final destination you must present all tickets at the time of check-in to have your baggage checked through. It is the passenger's responsibility to verify that all baggage claim receipts are correct before leaving the airline ticket counter. If one of your flights is delayed or canceled it is possible that your baggage may arrive on a later flight. Skypass is not responsible for lost or delay of baggage. If your baggage is delayed, lost, or damaged you must file a baggage report with the last airline that you flew on at your final destination BEFORE LEAVING THE AIRPORT.

WHAT YOU SHOULD KNOW ABOUT THE POSSIBILITY OF AIRLINE BANKRUPTCIES.

1.)      If an airline declares bankruptcy, it is not obligated to carry you or to refund tickets issued before the bankruptcy.

2.)      Travel agents are not allowed to refund tickets on airlines that have declared bankruptcy. Money given to a travel agent immediately becomes the property of the airlines, and we are required by law to comply and not hold any airline funds.

3.)      If an airline declares bankruptcy it might continue service, limit service, or stop service completely. Other airlines might accept passengers with certain restrictions (including the payment of an additional fare) or they may refuse to accept any passengers from the defaulted carrier.

4.)      If you are concerned about potential airline bankruptcies you may wish to obtain travel insurance available from various independent suppliers as protection from possible losses incurred by cancellation, accident, illness or stolen or damaged property. We strongly urge you to purchase additional insurance available to all travelers.

CONSUMER DISCLOSURE NOTICE

Traveler and/or traveler's representative has agreed to pay, in full and without offset, for all travel arrangements made by travel agent whether by cash or credit card. Skypass Travel, Inc. (Skypass) is acting as an agent for SUPPLIERS in selling travel-related services, or in accepting reservations or booking for services that are not directly supplied by us (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). Our agency therefore shall not be responsible for breach of contract or any intentional or careless actions or omissions on part of such suppliers, which may result in any loss, damage, delay, or injury to you or your companions or group members. Unless the term "Guaranteed" is specifically stated in writing on your tickets, invoice, or reservations itinerary, we do not guarantee any suppliers' rates, bookings, reservations, connections, scheduling, or handling of personal effects. Skypass shall not be responsible for any injuries, damages, delays, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, strikes, mechanical or construction failures or difficulties, diseases, local laws, weather conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent's control. For information concerning possible dangers at your destination, contact the U.S. Department of Homeland Security and the Travel Advisory Section of the U.S. State Department. For medical information contact the U.S. Center for disease control. By embarking upon or utilizing any travel arrangements made by Skypass, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Skypass shall not be responsible for cancellation of any services and/or refunds from any supplier or carrier that may cease operations. Traveler is hereby warned of the above risks as well as possible travel industry bankruptcies, strikes, and medical and climatic disruptions, and is advised to obtain appropriate insurance coverage against them. Traveler's retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.