LastMinuteFlightsGenie.com shall not be liable for failure of travel service suppliers, including but not limited to airlines, hotels, steamship lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers. LastMinuteFlightsGenie.com, in providing travel management services, does not guarantee or insure the services to be provided by any supplier, the financial position of such suppliers or the reimbursement to you from any loss experienced as a result of the financial condition of such supplier.
LastMinuteFlightsGenie.com assumes no responsibility for actions relating to travel services beyond the control of LastMinuteFlightsGenie.com or its employees. LastMinuteFlightsGenie.com is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any supplier of Travel products. LastMinuteFlightsGenie.com shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to payment for such service.
LastMinuteFlightsGenie.com has no control over and assumes no liability for the actions of the suppliers from whom it obtains Travel products. For your convenience LastMinuteFlightsGenie.com may include its service bureau fee in the fare quoted to you. Our service bureau fee may vary depending on a number of factors, including the market conditions, the amount of savings we pass on to you, the time and effort we spend on locating the tickets you request at the best prices, upgrades applied if any, your form of payment, etc.
We do not have control over printed prices on the tickets, although most tickets may have BT (Bulk fare) printed on them, some may have a specific value on them, which may be different (lower or higher) than the fare collected.
Discounts offered may vary depending on a number of factors including Airlines utilized, class of service, destination, time of year (Low, mid or High Season), advance notice provided, minimum stay requirements fulfilled and flight load.
All content on this site has not been checked for accuracy or reliability, we disclaim any damages that may occur due to this information, all users must ascertain the accuracy and reliability of this content themselves through other mediums.
LastMinuteFlightsGenie.com does not guarantee, endorse, validate or promote other advertiser products and services that are advertised on this web site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE. IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, 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, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE, ETC.).
INDEMNIFICATION
All Users agree to protect and indemnify LastMinuteFlightsGenie.com, its 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:
You or on your behalf in excess of the liability described above; or
By third parties as a result of
your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this website.
SITE USAGE AND TICKET PURCHASE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Further you also confirm that the traveler is not an unaccompanied minor. Without limitation, any exploratory, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Web site may result in you being denied access to such facilities.
All offers, prices, and conditions of sale may be subject to: (a) change without notice; (b) advance purchase, eligibility, seating, or other limitations; (c) travel days, dates, minimum or maximum stays, holidays, seasons, blackout dates, stopovers, and/or wait listing restrictions; (d) reservation validation limitations of up to one year (if any extension permitted, penalties/restrictions may apply); and/or (e) other conditions/restrictions (f) availability. Lower prices may be available. If your itinerary involves an ultimate destination or stop in a country other than the country of departure, the provisions of a treaty known as the "Warsaw Convention" may be applicable to your entire trip, including any portion entirely within the country of origin or destination. The Warsaw Convention governs and may limit the liability of certain air carriers for death of or personal injury to passengers and/or loss of or damage to baggage.
A reservation is not complete until confirmed/ticketed. To protect our customers, we verify with the credit/debit card company that the billing address and credit card verification number you provided to us is accurate and that your debit/charge will be accepted. Until such information is verified, the fare is subject to change. We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company or a travel provider or if, for any reason, the debit/credit card billing address and/or credit card verification number cannot be verified in a timely manner, nor are we responsible for any changes in fare or any other charges that may occur during our verification process. At times when the Fare selected is not available an approval code may have been taken on your credit card, if the transaction is not completed the approval code may block your available credit for a time period until the bank removes the block. Purchaser is aware of all airline restrictions and agrees to reimburse LastMinuteFlightsGenie.com for any Airline Charges, Debit Memos and collection fees incurred by LastMinuteFlightsGenie.com.
NO REFUNDS
ALL AIRLINE TICKETS PURCHASED BY CUSTOMERS, INCLUDING ANY SERVICE FEES, ARE NON-REFUNDABLE, WHETHER OR NOT THE TICKETS ARE USED BY THE CUSTOMER.
CREDIT CARD DECLINES
At the time of processing your transaction if your credit card declines, we will make all efforts to notify you by way of an email message within 3 business days. The transaction will not be processed if your credit card has declined. The FARE is NOT GUARANTEED.
CHANGES
Any changes made to the itinerary is restricted, all our tickets/hotels/cars/packages/cruises do not allow any date or name changes after the booking is completed. We advise that you purchase insurance.
FEES
In order to serve you better and for the cost of automation, customer service, quality control, airline reporting, GDS scan costs, fulfillment, dispatch and other related services these fees are NON REFUNDABLE.
FARE CHANGES
At times, even after the confirmation of a reservation airlines may change the fare. We do not assume any responsibility - financial or otherwise - for any such fare changes.
TICKET DELIVERY
If an e-ticket is not able to be issued for a particular reservation, or if a delivery was being made of another product or service, LastMinuteFlightsGenie.com will send the paper ticket, product or service through a secure mode of delivery (a reputed courier company) and the applicable shipping charges debited to the credit card holder's account as per rates published on our website. LastMinuteFlightsGenie.com does not assume any responsibility for the fault of the delivery company. We will attempt to redeliver but do not provide any guarantees for redelivery on time. If you provide an incorrect address, then you may have to pay excess fees to the delivery company for alteration of the address. You will be billed to the credit card used for payment. If an e-Ticket is generated the ticket information will be available on the airlines' web-site.
CREDIT CARD PAYMENT TERMS
All credit cards must have verifiable billing Address.
We only accept the Traveler's Credit card online; we do not accept 3rd party credit cards online.
If you wish to use a third party credit card, please email us at info@lastminuteflightsgenie.com we will fax you a Credit card Authorization form.
If there is any issue with the Credit card, we will notify you within 24Hrs, by submitting the Credit Card; it automatically does not guarantee "Ticketing".
You agree to reimburse the commissions back to LastMinuteFlightsGenie.com if any credit card payments are disputed.
You agree to be liable for any and all credit card payments disputes or other problems such as Fraud made to us or the supplier. You agree to reimburse LastMinuteFlightsGenie.com or designated payment processor, in cases of Fraud or Charge backs.
Credit cards with US or Canadian Billing addresses will only be accepted. We do not accept other foreign credit Cards.
You have read the rules and terms of the agreement.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to terminate your account and/or access to all or part of the Site, with or without notice, for any reason or no reason.
SCANS
If you abuse the system with numerous scans (searches) and not enough ticketed bookings, we can immediately terminate your account without any prior notice to you.
Baggage Policy On Connecting Flights - when there are 2 airlines involved for connecting flights then you may have to re-claim your bags at Connecting Airport and check in again for onward journey. You are also advised that in these cases if you have excess baggage, you will have to pay this twice, for each airline.
CREDIT CARD AUTHORIZATION FORMS
We require a Credit Card Authorization form to be filled out by the card holder prior to our booking any airfares or having tickets issued. We do NOT guarantee that the fares are valid until we receive the credit card authorization form filled out. At times, in our sole discretion, the tickets may be issued even if we have not received the form back. All issued tickets are NON REFUNDABLE. Also, in our sole discretion, we may require additional proof of identity and verification of same prior to our booking of any airfare and/or the issuing of any tickets.
EXTERNAL LINKS
A) Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites.
B) We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
FORCE MAJEURE
A) You agree that We will not be liable, or be considered to be in breach of this Agreement, on account of our delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond our reasonable control and that we are unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, we will give you notice and will use commercially reasonable efforts to minimize the impact of any such event.
DISPUTE RESOLUTION
A) By agreeing to these Terms & Conditions, You and Last Minute Flights Genie each waive the right to a jury trial or to participate in a class action.
B) You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the Last Minute Flights Genie website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with Last Minute Flights Genie regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to Last Minute Flights Genie in a manner specified in the "Notices" section below. If Last Minute Flights Genie and You do not reach an agreement regarding a Dispute within 30 days following Last Minute Flights Genie receipt of the Notice of Dispute, Last Minute Flights Genie and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.
CLASS ACTION WAIVER
A) WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.
B) YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
ARBITRATION IS THE EXCLUSIVE REMEDY
A) YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
APPLICABLE LAW
A) This Terms & Conditions Agreement and Your use of Last Minute Flights Genie shall be governed by the laws of the United States of America and the State of New York. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in New York. You agree to accept the jurisdiction of such courts.
B) The UN Convention on the International Sale of Goods shall not apply.
NOTICES
A) Except as may be provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Last Minute Flights Genie by You must be sent to info@lastminuteflightsgenie.com.
USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF ALL TERMS OF THIS AGREEMENT
If You do not agree to all of these Terms and Conditions, do not use LastMinuteFlightsGenie.com. If You access, use, or download in any way any service from LastMinuteFlightsGenie.com, You agree to and are bound by these Terms and Conditions. You may not use the Services if you do not accept the Terms. If you do not agree to the Terms and Conditions, do not use the Service.
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