AGREEMENT BETWEEN CUSTOMER AND portcitytravel.com.
Welcome to the portcitytravel.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", "Port City Travel" refer to Port City Travel, a California corporation, and its subsidiaries and corporate affiliates, including portcitytravel.com, (collectively, the "Port City Travel Companies"). "Port City Travel Partner" means any co-branded and/or linked website through which we provide links, content or service. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation
- you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- all information supplied by you on this Website is true, accurate, current and complete; and
- if you have an portcitytravel.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
Port City Travel is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator's fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to "Port City Travel. Legal: Arbitration Claim Manager," at Port City Travel, email@example.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, portcitytravel.com may cancel any travel or service reservations associated with your name, email address or account, and close any associated portcitytravel.com accounts. If you have conducted any fraudulent activity, portcitytravel.com reserves the right to take any necessary legal action and you may be liable for monetary losses to portcitytravel.com including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact portcitytravel.com Customer Service.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier's Terms and conditions on the portcitytravel.com website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
portcitytravel.com may offer Customers the opportunity to book a reservation for a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
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 any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
portcitytravel.com is not liable for any costs incurred due to hotel relocation.
PREPAID HOTEL RESERVATIONS
You acknowledge that the portcitytravel.com pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that the portcitytravel.com provide you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the portcitytravel.com and the facilitation fee retained by the portcitytravel.com for their services. You authorize the portcitytravel.com to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the portcitytravel.com services. You agree that your credit card will be charged by the Port City Travel, portcitytravel.com for the total reservation price. Upon submitting your reservation request you authorize the portcitytravel.com to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the portcitytravel.com do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that the portcitytravel.com pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the portcitytravel.com Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the portcitytravel.com act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the portcitytravel.com to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the portcitytravel.com for their services vary based on the amount and type of reservation.
You may cancel or change your prepaid reservation, but you will be charged the cancellation fee or changed full reservation amount as indicated in the rules and restrictions on the particular reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the reservation you reserved, which varies by product (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your use of the reservation.
You may not make reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you full reservation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact portcitytravel.com group travel specialists by phone at (800) 880-4861. One of our travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by portcitytravel.com for your reservation.
PAY NOW OR PAY LATER DETAILS
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the "Pay Now" option, portcitytravel.com will charge the amount to your credit card in US dollars immediately. If you select "Pay Later at the Hotel", the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. portcitytravel.com coupons may only be applied to "Pay Now" reservations.
portcitytravel.com UNPUBLISHED RATE RESERVATIONS
When available, Port City Travel.’s subsidiary, portcitytravel.com, may offer additional, discounted hotel booking options on the Website. These hotels, called portcitytravel.com Unpublished Rate hotels, are different from other hotels offered on the Website in several important ways. The name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit or Debit card will be charged for the amount shown even if you do not use the booking. Room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available. The maximum number of portcitytravel.com Unpublished Rate rooms that can be booked at one time is six. All portcitytravel.com Unpublished Rate rooms will be booked under the same name, and the guest under whose name the reservation is made must be present at check-in. portcitytravel.com unpublished Rate hotels are not eligible for hotel reward or club programs. Upon check-in, guests must present a valid ID and credit or Debit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted. For information about tax recovery charges, service fees, and taxes on our services, where applicable, please see "Prepaid Hotel Reservations."
BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since portcitytravel.com may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. portcitytravel.com has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, Port City Travel DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Port City Travel. and Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Port City Travel. expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the Port City Travel. and Port City Travel. Partners do not guarantee the accuracy of the ratings. The Port City Travel, the Port City Travel. Partners and their respective suppliers make no guarantees about the availability of specific products and services. The Port City Travel, the Port City Travel. Partners and their respective suppliers may make improvements and/or changes on the Website at any time.
The Port City Travel, the Port City Travel Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Port City Travel. or the Port City Travel. Partners. All such information, software products, and services are provided "as is" without warranty of any kind. The Port City Travel., the Port City Travel. Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Port City Travel., the Port City Travel. Partners and/or their respective suppliers are free of viruses or other harmful components. The Port City Travel., the Port City Travel. Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Port City Travel., the Port City Travel. Partners. The Port City Travel., the Port City Travel. Partners are not 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 there from. The Port City Travel., the Port City Travel. Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Port City Travel., the Port City Travel. Partners and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Port City Travel., the Port City Travel. Partners and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Port City Travel., the Port City Travel. Partners or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Port City Travel., the Port City Travel. Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Port City Travel. portcitytravel.com in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify the Port City Travel., the Port City Travel. Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your violation of any law or the rights of a third party; or
Your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Port City Travel. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all codes and controls contained on this Website, is owned by the Port City Travel., the Port City Travel. Partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2018 Port City Travel. All rights reserved. portcitytravel.com, Find Yours, ASAP A Sudden Amazing Price, Port City Travel. portcitytravel.com, the Port City Travel. logo, the Port City Travel Affiliate Network logo, and the partner logo’s are either registered trademarks or trademarks of Port City Travel. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Port City Travel. is not responsible for content on websites operated by parties other than Port City Travel
If you are aware of an infringement of our brand, please let us know by emailing us at firstname.lastname@example.org. We only address messages concerning brand infringement at this email address.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, portcitytravel.com has adopted a policy of terminating, in appropriate circumstances and at portcitytravel.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Port City Travel. portcitytravel.com may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@example.com, Attn: IP/Trademark Legal Dept. DMCA Complaints, or by using the website contact information.