TERMS AND CONDITIONS
Agreement between User and Travelsurf.com
This Agreement describes the terms and conditions applicable to the services available through this Website Travelsurf.com and describes your responsibilities and, among other things, limits the liability of Travelsurf.com and Travelsurf (Pvt) Ltd, owners of Travelsurf.com website (Collectively Travelsurf.com). BEFORE REGISTERING FOR AND USING ANY OF THESE SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY, YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Travelsurf.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Website. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the website.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY AT TRAVELSURF.COM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
General Terms and Conditions
1. Acceptable Use/License: Travelsurf.com grants you a limited, personal, nontransferable, revocable license to access and use this Website only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license; any rights or license not expressly granted herein are reserved. The content and information on this website (including, without limitation, price and availability of travel services), and the infrastructure used to provide such content and information, is proprietary to Travelsurf.com or its suppliers. Accordingly, as a condition of using this website, you agree not to use its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your travel itinerary and related documents for travel or services purchased through this website, you agree not to 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 this website. In addition, Travelsurf.com at its sole discretion and without any cause has the right to revoke this license without notice.
You may only use this website to make legitimate reservations, offer to purchase the products or services offered and shall not use this website to make any speculative, false or fraudulent reservations or offers for purchase. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this website. You agree to provide correct and true information in connection with your use of this website and you agree to promptly update your personal information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place an offer to purchase or make a reservation in a false name or with an invalid method of payment. Fraudulent users will be prosecuted to the fullest extent of the law.
Travelsurf.com reserves the right to cancel any reservation, offer of purchase or any other transaction that it reasonably believes to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.
2. Accounts, Security and Passwords: You may register to utilize this website by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your password, security question and your account. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify Travelsurf.com immediately of any unauthorized use of your account. Travelsurf.com is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
3. Minors: Persons under the age of 18 are not eligible to use any services on Travelsurf.com
4. Third Parties: If you use this website to submit offers to purchase, or make a purchase for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this website including all rules and restrictions applicable thereto. Each User using this website for or on behalf of a Third-party agrees to indemnify and hold Travelsurf.com and its Suppliers harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-parties or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any reservations, offers to purchase submitted including for total charges and performance obligations.
5. User Comments, Feedback, and Other Submissions: All comments, reviews, surveys, feedback, suggestions and ideas disclosed (collectively remarks), submitted or offered in connection with your use of this Website shall be and remain the exclusive property of Travelsurf.com and may be used by Travelsurf.com in any medium and you agree to execute any documents that may be necessary for such an assignment of rights.. By providing remarks you shall be indicating your consent to us to use all or any of this information. Travelsurf.com does not represent or guarantee the truthfulness, accuracy, or reliability of any remarks or determine whether the remarks violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. We are not under any obligation to maintain your remarks, or to pay to you any compensation for any remarks submitted, or to respond to any of your remarks. You agree you will be solely responsible for the content of any remarks you make.
6. Response to Requests: While Travelsurf.com will use its good faith efforts to respond to offers to purchase, offers to sell, (collectively Offers) within the time periods indicated on this website, no guarantee is made that the status of your Offers will be made available to you within the stated processing time. None of Travelsurf.com suppliers are responsible for any errors or delays in responding to an Offer including, without limitation, error or delays in responding to an Offer caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
7. Modification/Termination of Usage: Travelsurf.com reserves the right, in its sole discretion, to modify, suspend, or terminate this website and/or any portion thereof, including any service or product available through the website, and/or your profile, password, or use of the website, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Travelsurf.com shall not be liable to you or any third-party for any termination of your access to this website.
8. Copyright Notice: You acknowledge that all content included on this Website, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and the arrangement and compilation of it are intellectual property and copyrighted works of Travelsurf.com and/or its third-party suppliers including, without limitation, hotels and other travel suppliers that provide travel or other services through this Website (As "Suppliers"). Reproduction or storage of information or works retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is strictly prohibited.
9. Trademark Notice: Product and company names identified on this website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Travelsurf.com or a third-party. The use by this website of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party, should not be construed as an endorsement or sponsorship of this website by any such third-party, or the sponsorship or endorsement by Travelsurf.com of such third-party products or services.
10. Disclaimer of Warranties: ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TRAVELSURF.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELSURF.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TRAVELSURF.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TRAVELSURF.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
TRAVELSURF.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, NON-DELIVERY OF EMAIL NOTIFICATIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY OFFER TO PURCHASE, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE.
11. General Limitation of Liability: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRAVELSURF.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE AND ITS CONTENTS (COLLECTIVELY THE "PROVIDERS"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS WEBSITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Further, to the extent permitted by law, the Providers accept no responsibilities for any damage and/or delay due to Supplier cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Providers' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Provider shall be responsible for any Supplier's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Provider be responsible for any other wrongdoing of a Supplier (including any liability in tort), as to any products and/or services available through this website. No Provider shall be responsible for any Supplier's failure to comply with this Agreement, nor for any Supplier's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Provider is found liable for any loss or damage relating to the use of this website, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Travelsurf.com for making a purchase.
12. Indemnification: You agree to defend and indemnify Travelsurf.com, their affiliates, 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 (i) by you or on behalf of you, or (ii) by third parties as a result of:
a. your breach of this Agreement
b. your violation of any law or the rights of a third party or
c. your use of this website in violation of the terms and conditions set forth herein.
13. Pricing Errors: We endeavor to publish and maintain accurate prices and information for the services we offer. Our Suppliers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Suppliers, we retain the right to refuse or cancel any Offers placed for such service. We shall have the right to refuse or cancel any such Offers whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Offer is canceled because of incorrect Supplier information, we will promptly issue a credit to your credit card account in the amount of the charge.
14. Electronic Notification: To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this website or via electronic mail.
15. Miscellaneous: The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Provider regarding your use of this Website and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Website that were displayed on this Website before. Your continued use of this Website will be subject to the terms of this Agreement in effect at the time of your use. In the event that any provision of this Agreement 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. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Website and/or this Agreement must be brought within eighteen (18) months from the date on which such claim or action arose or accrued.
16. Travel Service Limitation of Liability: HOTELS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE WEBSITE (COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELSURF.COM. TO THE EXTENT PERMITTED BY LAW, THE PROVIDERS DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
17. Travel Suppliers: You agree to abide by the terms or conditions of purchase imposed by any Travel Supplier, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any of the products or services purchased by you, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Travelsurf.com debiting your account for any costs Travelsurf.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website.
You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, 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, which arises out of or is in any way connected with the performance or non performance of any Travel Supplier, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Supplier, you agree that your sole recourse shall be toward such Travel Supplier and not toward Travelsurf.com.
18. Charges for Taxes and Fees: In connection with facilitating your hotel transaction, we will charge your method of payment for Taxes and for Fees. This charge includes an anticipated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we anticipate and include in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and may include profit that we retain.
Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.
19. Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
20. Additional Restrictions: In addition to any restrictions described above, the following restrictions apply to Travelsurf.com bookings made via the 'make your offer' option:
i. All hotel reservations are non-cancelable, non-refundable, non-changeable and non-transferable by you. Once you purchase a reservation, your method of payment will be charged for the amount shown - regardless of whether or not the reservation is used. Credit will not be given for any unused reservations and cannot be used toward any future purchases
ii. Once you submit your offer onTravelsurf.com it cannot be modified by you and
iii. Travelsurf.com will pre-authorize your credit card for the amount of highest offer you have made on a specific hotel room
iv. If your offer is accepted by any of the hotel you have selected in the offer your credit card will be charged immediately for the full amount of your offer for that room
v. Upon check-in, guests must present a valid ID and credit card or, in the hotel's discretion, debit card, in their name that is consistent with the transactional details provided to Travelsurf.com (the amount of available credit required will vary by hotel).
We or the applicable hotel may, on an exception basis and at the request of the hotel guest, waive one or more of the restrictions after the hotel room have been booked.
You agree that if a Travelsurf.com hotel accepts your offer, Travelsurf.com will confirm the reservation and charge the entire amount of the stay, including applicable Taxes and Service Fees (as described above). Details of the amount to be charged will be disclosed to you before submitting an offer.
21. Retail Price: The "retail price" which we may display to you is the full 'RACK' rates our participating hotels are offering to the general public for the travel dates you selected based on information our hotel suppliers have loaded into our global distribution system. Although we routinely review this data, we make no guarantee or warranty, either expresses or implied, with respect to the accuracy or completeness of the data used or provided. All hotels pricing information available on this Site is subject to change without notice.