WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN FLYING.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.
PART I: General Terms and Conditions
PART II: Travel Services
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, 'Content') and the arrangement and compilation of the Content are intellectual property and copyrighted works of Flying.com and/or its third-party providers including, without limitation, the airline, hotels, rental car companies and other travel suppliers that provide travel or other services through this Site ('Providers'). Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
Product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Flying.com or a third-party. The use on this Site 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 through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
We grant you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, 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. Accordingly, as a condition of using this Site, you agree not to use this Site or 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 Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
i. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose
without our express written permission;
ii. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
iii. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
iv. deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission.
v. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity.
vi. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
vii. deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
viii. deliver or provide links to, any postings containing defamatory, false or libelous material.
ix. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
x. deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
xi. impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
xii. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
xiii. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
xiv. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means.
xv. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a 'Request') and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. 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 Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
We reserve the right to cancel any airline, hotel or rental car reservation 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.
You may register to utilize this Site 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 currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN 'AS IS,' 'AS AVAILABLE' BASIS. FLYING.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, FLYING.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. FLYING.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE 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. FLYING.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.
WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS 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 REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
No Agency Relationship
We do not agree to act as your agent, travel agent or fiduciary in providing services through the Site.
Persons under the age of 18 are not eligible to use any services on this Site.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLYING.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 SITE AND ITS CONTENTS (COLLECTIVELY THE 'COVERED PARTIES'), 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 SITE; (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 SITE 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, 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 Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, 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, re-routing or acts of any governmental authority.
No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement nor for any Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Flying.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to defend and indemnify Flying.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 in excess of the liability described above, within the limits permitted by applicable law; 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 Site in violation of the terms and conditions set forth herein.
If you use this Site to submit Requests 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 Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
While we will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. None of the Covered Parties is responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We do not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
We reserve the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, password, or use of the Site, 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, we shall not be liable to you or any third-party for any termination of your access to this Site.
We endeavor to publish and maintain accurate prices and information for the services we offer. Our Providers 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 Providers, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests 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 Request is canceled because of incorrect Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
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 Site or electronic mail.
Accessing materials on this Site by certain persons in certain countries may not be lawful, and PPN makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States or Canada. If you are located in a country other than the United States or Canada, you are doing so at your own choice and risk.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without our express written permission.
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 Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. 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, the internal laws of the State of Connecticut shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.
Travel Service Limitation of Liability
THE AIRLINES, HOTELS, RENTAL CAR COMPANIES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, 'TRAVEL SUPPLIERS') ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES 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, FAILURE TO MAKE CONNECTIONS,RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
International Travel: Passports, Visas, and Hazards
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. For State Department travel warnings and advisories, go to travel.state.gov/content/passports/english/alertswarnings.html. For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at www.dot.gov, www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov. We have no special knowledge regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, go to travel.state.gov/content/passports/english/country.html.
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.
Important Information Regarding Currency and Exchange Rates
Purchases made on our Site are transacted in US Dollars. If you make a purchase from us using a credit or debit card in a currency other than US Dollars, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.
You agree to abide by the terms or conditions of purchase imposed by any Travel Supplier, whether that Travel Supplier is selected by you or by Flying.com, 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 flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Flying.com debiting your account for any costs Flying.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 Site.
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 us.
We have no special knowledge regarding the suitability for disabled persons of any portion of any tour. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
a. Airline Rules, Itinerary Changes and Price Changes: Airline tickets available through this Site are subject to the published conditions of carriage and rules, including but not limited to cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time. Airlines may also in their discretion change or cancel flights or itineraries.
b. Flying.com endeavors to publish and maintain accurate prices and information for its airline services. Airlines provide Flying.com 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 an airline, Flying.com and/or the airline retain the right to refuse or cancel any Requests placed for such service prior to your method of payment being charged.
c. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Flying.com’s Airline Service.
d. Age Requirements: Airline tickets purchased on our site must include at least one adult passenger over the age of 18 on the same reservation.
e. Code Share: Some airlines enter into 'code share' agreements with a limited number of select airline partners. This means that on certain routes, the airline carrier selling or marketing the flight does not fly its own aircraft to that destination. Instead, it contracts with a partner airline to fly to that destination. The partner airline is listed as 'operated by.' In most cases you will check in with your 'operating' carrier; however, you should verify your flight check-in location with your ticketing carrier. If your flight is a code share, it will be disclosed to you in the booking process and prior to your payment on a price disclosed, retail airline ticket.
f. Hazardous Materials: 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 include 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. See http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/passenger_info/ for more information.
2. Airline Prohibited Practices
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a 'point-beyond', 'hidden-city', or 'back-to-back tickets' if those practices are prohibited by the airline(s). You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel if that practice is prohibited by the airline(s). You acknowledge that most airlines prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets if you engage in these practices. You agree to indemnify the Covered Parties against airline claims, on the basis of these or any other prohibited practices, for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
3. Use of Flight Segments
Most airlines require you to use flight coupons in sequential order. For those airlines who allow the use of a ticket for only one segment, if you do not cancel all or part of your journey prior to the departure of any segment of your itinerary, you may forfeit up to the value of your airline ticket, depending on the rules of the fare purchased.
4. Taxes and Fees Charges
Government imposed taxes and fees and any applicable airline imposed fees are either included in your fare or itemized separately on your checkout page to provide a trip cost. Tax rates in effect at time of purchase are applied to your ticket price. Retroactive tax rate increases may be the responsibility of the traveler. For international flights, as described below, Entry or Exit Fees may be charged that are not included in your fare or itemized separately on your checkout page. A non-refundable fee per ticket will be applied to published price airline itineraries that include more than one carrier. Paper ticket fees, itinerary change/cancellation/refund fees, baggage fees and Entry or Exit fees on certain international flights may also apply to your itinerary, as described below;
a. Paper Ticket Fees: A shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional re-handling fee. Note: This fee, if applicable, will be displayed on your contract prior to purchase.
b. Itinerary Changes/Cancellations/Refunds: Air travel itinerary changes, if permitted by the airline fare rules, may have a change fee charged by the airline typically ranging between $200 and $300 USD per ticket that will vary by market, carrier and specific fare rule. In addition, any changes to your itinerary will incur a per ticket Flying.com processing fee.
c. Baggage Fees: The airlines may require you to pay additional fees at the airport for certain services and/ or if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance. During the booking process, Flying.com provides a summary of key terms of an airline's baggage fees, but each airline should be consulted for complete information about its baggage and other ancillary fees.
d. Entry/Exit Fees: If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country's entry/exit fee, we suggest that you visit www.travel.state.gov prior to departure.
a. Check In: Upon check-in, the reservation holder must present a valid ID and credit card or, in the hotel's discretion, debit card, in his or her name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
b. Double Occupancy: All hotel reservations are guaranteed for double occupancy (i.e. 2 adults) and accommodations for more than two adults are not guaranteed. Some hotels may not allow extra guests. If your hotel does allow extra guests, there may be additional charges. These charges vary and will be payable directly to the hotel.
c. Late Arrival and Failure to Check-in on First Night: While you should call Flying.com if you wish to cancel a cancellable reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your hotel on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
d. Cancellations and Changes to Your Reservation: Hotel cancellation policies vary. Certain reservations are non-cancellable and non-changeable. Others require you to pay a penalty if you cancel. Still others are fully refundable. Check the hotel cancellation policy when you book. If changes to your pre-paid reservation are allowed, any changes to a pre-paid reservation are only permitted as a cancellation and booking of a new reservation.
e. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call Flying.com customer service.
f. Hotel Accommodations and Special Requests: Depending upon which Flying.com hotel reservation service you use, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel's discretion. We cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Flying.com has no control over which room a hotel will assign to you,Flying.com cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.
g. Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
h. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Flying.com’s hotel services.
i. Hotel Star Ratings (General): Flying.com’s star rating system is provided for your reference. Like other well-known hotel rating systems, Flying.com considers a number of factors in evaluating the quality of participating hotels such as: amenities, facilities, reputation, brand, other rating services, customer feedback from guests who have stayed at the hotel, etc., to assign a single star rating. Flying.com screens participating hotels carefully and updates our information periodically to ensure the validity of our ratings. Our ratings systems may sometimes differ from those of other rating systems that you may be familiar with. We do not warrant or guarantee that our star rating system is equal to or consistent with any other star rating system and reserve the right to change a hotel's rating at any time with or without notice.
j. Accommodation Types: Flying.com offers its customers various properties, including hotels, motels, bed and breakfasts, resorts and other types of accommodations.
Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
Pricing Errors: We endeavor to publish and maintain accurate prices and information for the services we offer. Hotels 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 a hotel, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests 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 Request is canceled because of incorrect hotel information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the hotel.
3. Merchant Price Disclosed Hotel Service
Flying.com’s Merchant Price Disclosed Hotel Service are hotel services whereby Flying.com acts as the merchant of record on the transaction (i.e., directly charges your form of payment and not the hotel).
Hotel bookings made available through Flying.com’s Merchant Price Disclosed Hotel Service are subject to the disclosed terms and conditions on your contract page and the disclosed terms and conditions of the applicable hotel you select.
The 'Total Charges' that you will pay for using our Merchant Price Disclosed Hotel Service will always be disclosed to you before you submit your Request. For hotels that charge mandatory fees, you will be told both a) the total charges to your method of payment and b) the total cost, which includes the total charges to your method of payment and the mandatory fee or resort fee which the hotel will charge at check out. Your Total Charges and the Room Rate may include compensation to us for our facilitation services.
Charges for Taxes and Service Fees: In connection with facilitating your hotel transaction, we will charge your method of payment for Taxes and for Service 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 Service 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 Service 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.
Depending on the property you stay at you may also be charged (i) certain mandatory hotel specific service fees, for example, resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, mini bar charges, phone calls, room service and movie rentals, etc.. These charges, if applicable, will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel's discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel directly as to whether and which charges or service fees apply.
For bookings in Canada, the charges may also include destination marketing fees collected by the hotel and passed along to tourist bureaus. . If you are a citizen of a country other than the United States and you travel to your home country, you may owe additional taxes to the hotel at check out. Contact the hotel if you have questions.
4. Agency Hotel Service
For Flying.com Agency Hotel Service, Flying.com is not the merchant of record and does not charge your credit card or other form of payment. For these transactions, you will be notified in the 'Important Information' section of your contract page that your credit card will be used to guarantee the reservation. You will also be told in the 'Important Information' section that the hotel will charge you directly for room and tax and any other charges. You will be provided with a 'Total Estimated Charges' line item on your contract page that will provide you with an estimate of what the hotel will charge you, which will include taxes.
For Agency Hotel Service transactions, the information that we disclose regarding each hotel is based on the information provided to us by the hotel. As such, the hotels are given access to a platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed. Hotels offered through our Agency Hotel Service do not constitute and should not be regarded as a recommendation or endorsement by us of (the quality, service level or rating of) any hotel made available.
a. Charges for Taxes and Service Fees: We will not charge you when you complete an Agency transaction. You will be charged directly by the hotel. Unless expressly stated, taxes and service fees are excluded from your room cost, but are shown to you in the 'Taxes and Fees' line. Taxes are included in the Total Estimated Charges. For hotels that charge mandatory fees, you will be told the Hotel Mandatory Fee which the hotel will charge at check out. Any mandatory fee is also included in the 'Total Estimated Charges' line.
b. All 'Pay When You Stay®'/'Book Now, Pay Later SM' hotel service prices are per room for your entire stay and are displayed including VAT (value added tax) and all other taxes, unless stated differently. Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details through conditions prior to making your reservation.
c. Credit card: Agency Hotel Service reservations require credit or debit card details in order to guarantee your reservation. As such, we will send your credit or debit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well.
d. For certain rates or special offers that state that a deposit is required (which will be disclosed in the Important Information section of your contract page), please note that your credit card may be pre-authorized or charged by the hotel (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation. e. Cancellation: You accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy is made available on our website at the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers that require an upfront deposit to the hotel (which will be disclosed in the Important Information Section of your contract page) are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation n accordance with the hotel's cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the hotel carefully prior to making an Agency Hotel Service reservation.
Vehicle rentals available through this Site are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.
We endeavor to publish and maintain accurate prices and information for the services we offer. Our rental car suppliers provide us with price, availability, capacity 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 a rental car supplier, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests 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 Request is canceled because of incorrect rental car provider information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the travel supplier.
For a retail price disclosed rental car reservation, we are not the merchant of record and does not charge your credit card. For these transactions, you will be notified in the 'Important Information' section of your contract page that your credit card will be used to guarantee the reservation and you will be provided with the total amount due at pick up which is an estimate of the price of your rental car reservation that you will pay the rental car company at the counter. Actual prices may vary depending on special requests and items purchased at the counter. Pricing may change if you pick-up, or drop-off the car at a different date, time or location than you requested in your reservation or for other reasons at the discretion of the rental car company. While you may request child seats and other special requests, the requests are not guaranteed and are provided at the discretion of the rental car company. At the time of pick up, the driver will be required to present a valid driver's license, and a valid credit card in his/her name. Some locations also accept debit cards, however rental partners have different requirements for customers who will only have a debit card at the time of pickup. While our rental car partners strive to honor your request for car type (economy, full size, SUV etc.), your requested car type is not guaranteed to be available. Specific cars, makes and models are not guaranteed and listed car makes and models are for example only.