AGREEMENT
BETWEEN CUSTOMER AND GETTICKETS, LLC
Welcome
to the getBostonOnline.com
website (the 'Website') owned and operated by getTickets,
LLC. This Website is provided solely to assist customers
in gathering travel information, determining the availability
of travel-related goods and services, making legitima
te reservations or otherwise transacting business with
travel suppliers, and for no other purposes. The terms
'we', 'us', 'our' and 'getTickets' refer to getTickets,
LLC, a Delaware corporation and/or our subsidiaries.
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
This
Website is offered to you conditioned upon your acceptance
without modification of all the terms, conditions, and
notices set forth below (collectively, the 'Agreement').
By accessing or using this Website in any manner, you
agree to be bound by the Agreement. Please read the
Agreement carefully. If you do not accept all of these
terms and conditions, please do not use this Website.
Be sure to return to this page periodically to review
the most current version of the Agreement. We reserve
the right at any time, at our sole discretion, to change
or otherwise modify the Agreement without prior notice,
and your continued access or use of this Website signifies
your acceptance of the updated or modified Agreement.
USE
OF THE WEBSITE
As
a condition of your use of this Website, you warrant
that (i) you are at least 18 years of age, (ii) you
possess the legal authority to create a binding legal
obligation, (iii) you will use this Website in accordance
with this Agreement, (iv) you will only use this Website
to make legitimate reservations for you or for another
person for whom you are legally authorized to act, (v)
all information supplied by you on this Website is true,
accurate, current and complete, and (vi) if you are
a registered getBostonOnline.com user,
you will safeguard your account information and will
supervise and be completely responsible for any use
of your account by anyone other than you. We retain
the right at our sole discretion to deny access to anyone
to this Website and the services we offer, at any time
and for any reason, including, but not limited to, for
violation of this Agreement.
PROHIBITED ACTIVITIES
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 services 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:
1. use this Website or its contents for any commercial
purpose;
2. make any speculative, false, or fraudulent reservation
or any reservation in anticipation of demand;
3. 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;
4. 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;
5. take any action that imposes, or may impose, in our
discretion, an unreasonable or disproportionately large
load on our infrastructure;
6. 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
7. 'frame', 'mirror' or otherwise incorporate any part
of this Website into any other website without our prior
written authorization.
SUPPLIER
RULES AND RESTRICTIONS
Separate
terms and conditions will apply to your reservation
and purchase of travel-related goods and services that
you select Please read these separate terms and conditions
carefully. 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. 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.
PRIVACY POLICY
getTickets
believes in protecting your privacy. Please click here
to review our current Privacy Policy, which also governs
your use of getBostonOnline.com, to
understand our practices:Privacy
Policy.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We
appreciate hearing from you. Please be aware that by
submitting content to this Website by electronic mail,
postings on this Website or otherwise, including any
hotel reviews, questions, comments, suggestions, ideas
or the like contained in any submissions (collectively,
“Submissions”), you grant getTickets and
its affiliates a nonexclusive, royalty-free, perpetual,
transferable, irrevocable and fully sub licensable right
to (a) use, reproduce, modify, adapt, translate, distribute,
publish, create derivative works from and publicly display
and perform such Submissions throughout the world in
any media, now known or hereafter devised; and (b) use
the name that you submit in connection with such Submission.
You acknowledge that getTickets may choose to provide
attribution of your comments or reviews (for example,
listing your name and hometown on a hotel review that
you submit) at our discretion, and that such submissions
may be shared with our supplier partners. You further
grant getTickets the right to pursue at law any person
or entity that violates your or getTickets’s rights
in the Submissions by a breach of this Agreement. You
acknowledge and agree that Submissions are non-confidential
and non-proprietary. We take no responsibility and assume
no liability for any Submissions posted or submitted
by you. We have no obligation to post your comments;
we reserve the right in our absolute discretion to determine
which comments are published on the getBostonOnline.com
website If you do not agree to these terms and conditions,
please do not provide us with any Submissions.
You
are fully responsible for the content of your Submissions,
(specifically including, but not limited to, reviews
posted to this Website). You are prohibited from posting
or transmitting to or from this Website: (i) any unlawful,
threatening, libelous, defamatory, obscene, pornographic,
or other material or content that would violate rights
of publicity and/or privacy or that would violate any
law; (ii) any commercial material or content (including,
but not limited to, solicitation of funds, advertising,
or marketing of any good or services); and (iii) any
material or content that infringes, misappropriates
or violates any copyright, trademark, patent right or
other proprietary right of any third party. You shall
be solely liable for any damages resulting from any
violation of the foregoing restrictions, or any other
harm resulting from your posting of content to this
Website. You acknowledge that getTickets may exercise
its rights (e.g. use, publish,delete) to any content
you submit without notice to you.
getTickets’s
respects the copyright of others. If any content are
found to be a copy right infringement please inform
the company to take the remedial action. Copy right
complaints can be submitted to bizdev[at]getTicketsInc.com
please use “copyright infringement” in the
subject line of the email. getTickets treats copy right
complaints as top priority will take all necessary actions
to relieve the grievance. getTickets is not responsible
for copyright violations for submissions made by third
parties unless the company is notified and a reasonable
time has lapsed to allow the company to take corrective
action.
Prepaid Hotel Reservations
You
acknowledge that getTickets pre-negotiates certain room
rates with hotel suppliers to facilitate the booking
of reservations on your behalf. The room rate displayed
on the Website is a combination of the pre-negotiated
room rate for rooms reserved on your behalf by getTickets
and the facilitation fee retained by getTickets to compensate
us for our services. You authorize getTickets to book
reservations for the total reservation price, which
includes the room rate displayed on the Website, plus
tax recovery charges, and service fees. You agree that
your credit card will be charged by getTickets for the
total reservation price. Upon submitting your reservation
request you authorize getTickets to facilitate hotel
reservations on your behalf, including making payment
arrangements with hotel suppliers.
You
acknowledge that getTickets does not collect taxes for
remittance to applicable taxing authorities. The tax
recovery charges on prepaid hotel transactions are a
recovery of the estimated transaction taxes (e.g. sales
and use, occupancy, room tax, excise tax, value added
tax, etc) that getTickets pays to the hotel supplier
in connection with your hotel reservations. The hotel
suppliers invoice getTickets for tax amounts. The Hotel
suppliers remit applicable taxes to the applicable taxing
jurisdictions. getTickets does not 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 getTickets 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
our service fees as compensation in servicing your travel
reservation. Our service fees vary based on the amount
and type of hotel reservation.
You
may cancel or change your prepaid hotel reservation,
but you will be charged the cancellation or change fee
indicated in the rules and restrictions for the hotel
reservation. In addition, if you do not cancel or change
your reservation before the cancellation policy period
applicable to the hotel you reserved, which varies by
hotel (usually 24 to 72 hours) prior to your date of
arrival), you will be subject to a charge of applicable
nightly 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 getTickets or its subsidiary, as appropriate,
no later than the date of the first night of the reservation
to prevent cancellation of your reservation. You must
make refund requests for no-shows or early checkouts
within 60 days after checkout
You
agree to pay any cancellation or change fees that you
incur. In limited cases, some hotels do not permit changes
to or cancellations of reservations after they are made,
as indicated in the rules and restrictions for the hotel
reservation. You agree to abide by the terms and conditions
imposed with respect to your prepaid hotel reservations.
TRAVEL ADVISORY
Although
most travel, including travel to international destinations,
is completed without incident, travel to certain destinations
may involve greater risk than others. getTickets urges
passengers to review travel prohibitions, warnings,
announcements and advisories issued by the United States
Government prior to booking travel to international
destinations. Information on conditions in various countries
and the level of risk associated with travel to particular
international destinations can be found at
www.state.gov
,www.tsa.gov,www.faa.gov,www.cdc.gov,www.treas.gov/ofac
and www.customs.gov
by
offering for sale travel to particular international
destinations, gettickets does not represent or warrant
that travel to such points is advisable or without risk,
and is not liable for damages or losses that may result
from travel to such destinations
THEIR RESPECTIVE
The
information, software, products, and services published
on this website may include inaccuracies or errors,
including pricing errors. in particular, gettickets,
its subsidiaries and corporate affiliates (collectively,
the 'gettickets companies') and the affiliated, co-branded
and/or linked website partners through whom we provide
service (collectively, 'gettickets affiliates') 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 displayed on this website
(including, without limitation, the pricing, photographs,
list of hotel amenities, general product descriptions,
etc.), much of which information is provided by the
respective suppliers. in addition, gettickets expressly
reserves the right to correct any pricing errors on
our website and/or on pending reservations made under
an incorrect price. in such event, we will offer you
the opportunity to keep your pending reservation at
the correct price or, at your option, we will cancel
your reservation without penalty.
Hotel
ratings displayed on this website are intended as only
general guidelines, and the gettickets companies and
the gettickets affiliates do not guarantee the accuracy
of the ratings. the gettickets companies, the gettickets
affiliates and their respective suppliers make no guarantees
about the availability of specific products and services.
the gettickets companies, the gettickets affiliates
and their respective suppliers may make improvements
and/or changes on this website at any time
The
gettickets companies, the gettickets affiliates, 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
gettickets companies or the gettickets affiliates. all
such information, software, products, and services are
provided 'as is' without warranty of any kind. the gettickets
companies, the gettickets affiliates, and their respective
suppliers disclaim all warranties and conditions that
this website, its servers or any email sent from the
gettickets companies, the gettickets affiliates, and/or
their respective suppliers are free of viruses or other
harmful components. the gettickets companies, the gettickets
affiliates, 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 purpose, title, and noninfringement.
The
carriers, hotels and other suppliers providing travel
or other services on this website are independent contractors
and not agents or employees of the gettickets companies,
or the gettickets affiliates. the gettickets companies
and the gettickets affiliates 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 therefrom. the gettickets
companies and the gettickets affiliates 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 expense, omissions, delays, re-routing
or acts of any government or authority.
in
no event shall the gettickets companies, the gettickets
affiliates, 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 web
site; any computer viruses, information, software, linked
sites, products, and services obtained 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,
or otherwise, and even if the gettickets companies,
the gettickets affiliates and/or their respective suppliers
have been advised of the possibility of such damages.
If,
despite the limitation above, the getTickets Companies,
the getTickets Affiliates 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 getTickets Companies, the
getTickets Affiliates or their respective suppliers
liabilities will in no event exceed, in the aggregate,
the greater of (a) the transaction fees assessed for
your transactions on this Website, or (b) One-Hundred
Dollars (US$100.00).
The
limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this
section will survive and apply even if any limited remedy
specified in these terms is found to have failed of
its essential purpose. The limitations of liability
provided in these terms inure to the benefit of the
getTickets Companies, the getTickets Affiliates, and/or
their respective suppliers.
INDEMNIFICATION
You
agree to defend and indemnify the getTickets Companies,
the getTickets 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 by third parties as a result of:
1. your breach of this Agreement or the documents referenced
herein
2. your violation of any law or the rights of a third
party; or
3. your use of this Website.
LINKS
TO THIRD-PARTY SITES
This
Website may contain hyperlinks to websites operated
by parties other than getTickets. 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
Any
software that is made available to download from this
Website ('Software') is the copyrighted work of getTickets,
getTickets Affiliates, and/or our respective suppliers.
Your use of such Software is governed by the terms of
the end user license agreement, if any, which accompanies,
or is included with, the Software ('License Agreement').
You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first
agree to the License Agreement terms. For any Software
made available for download on this Website not accompanied
by a License Agreement, we hereby grant to you, the
user, a limited, personal, nontransferable license to
use the Software for viewing and otherwise using this
Website in accordance with these terms and conditions
and for no other purpose.
|