Terms & Conditions

ViaFare (collectively, “the Company,” or “we”, “us”, “our”) owns and operates the webSites located at http://www.ViaFare.com and https://www.ViaFare.com (“Sites”). The Sites provides travel related services (“Services”). These terms of use (“agreement”) set forth the legally binding terms for your use of the Sites and its services (“Services”). By accessing or using the Sites or Services, you are accepting this agreement and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the Sites or Services or accept the agreement if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the Sites or Services. Certain features of the Services or Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this agreement. To the extent any of such terms conflict with the terms in this agreement, the later terms shall govern. These terms require the use of arbitration in section XII.3 on an individual basis to resolve disputes rather than jury trials or class actions and limit the remedies available to you in the event of a dispute.

I. Accounts

Company Accounts. To use certain features of the Services, you must register for an account with the Company (“Account”) and provide certain information about yourself as prompted by the Sites registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Sites. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account.
Social Networking Service (SNS) Accounts.To use certain features of the Services, you must register for an account with the Company (“Account”) and provide certain information about yourself as prompted by the Sites registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Sites. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account.

II. Travel Specific Terms

ViaFare Terms. ViaFare offers Hotel Deals, Flights, Vacation Bundles and Room Nights (“Bundles”) that include accommodations for a specified number of nights. All Bundles are subject to the terms below, as well as their specific details and booking terms and conditions as provided with descriptions (“Booking Conditions”), e.g., room availability, blackouts, restrictions, and fees (such Booking Conditions are incorporated into this Agreement by this reference). Please review the Booking Conditions to understand what costs are included with the Bundles.
Bookings.
Reservations. Once you purchase Bundles, your email receipt will confirm the number of nights purchased as well as any additional taxes or fees which may be payable directly to the hotel. You are not required to pay the Supplier an additional amount for the Bundles, unless otherwise stated in the Booking Conditions. It is your responsibility to contact the Supplier directly to coordinate reservations per the instructions provided with confirmation. Any unused Bundles are not refundable.
General Responsibilities. The following terms apply to Bundles acquired through a booking:
You are responsible for passports, visas, health requirements and travel insurance. ViaFare is not responsible for researching or obtaining passports, visas, health requirements or travel insurance. You are fully accountable for obtaining all documents and immunizations necessary to complete your travel. Keep in mind that requirements often vary for citizens of different countries. Make sure to gather information well in advance.
A credit card may be required upon hotel check-in to cover any incidental room charges or for security purposes.
Payment Terms. You agree to pay all fees or charges incurred by you in accordance with the billing terms set forth in this Agreement. You must provide the Company with a valid credit or debit card (“Payment Method”) (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to making a purchase on the Sites. Your Payment Provider agreement governs your use of the Payment Method, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing the Company with your Payment Method number and associated payment information, you hereby authorize the Company, our Suppliers (or their third party payment processors) to immediately charge your Payment Method for all fees and charges due and payable to the Company or Supplier hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the Payment Method used for payment hereunder. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Sites or by e-mail delivery to you. If you are directed to the Company’s or a Supplier’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the payment services.

III. Important Disclaimers and Releases

Suppliers, and not the Company, provide the products or Bundles available through our Sites. We make no warranties regarding the Bundles or Suppliers. Bundles are provided “as is” and you book Bundles at your own risk. You should make whatever investigation you feel necessary or appropriate before booking any Bundles. In no event, shall we (or our Suppliers) be liable to you or any third party for any losses or damages whatsoever arising from or relating to your use of the Bundles or your interaction with any Suppliers, including any bodily injury, death, or property damage or loss. Our sole role is to facilitate the availability of the Sites and Services. Your interactions with Suppliers and the terms governing such interactions are solely between you and such Suppliers. If there is a dispute between you and any Supplier, we are under no obligation to become involved. The foregoing disclaimer shall not limit the more general disclaimers in sections X and XI.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, the Suppliers or your use of any Bundles.
If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

IV. Acceptable Use Policy

The following sets forth the Company’s “Acceptable Use Policy”:

Other Restrictions. You agree not to use the Sites or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites or Services, other computer systems or networks connected to or used together with the Sites or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites or Services; (g) introduce software or automated agents or scripts to the Sites or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Sites or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Sites.
We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion (including terminating your Account and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

V. Sites

License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to use the Sites and Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Sites or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites or Services; (c) you shall not access the Sites or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Sites or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Sites or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Sites or Services content must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Sites or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services or any part thereof.
Feedback. If you provide Company any feedback or suggestions regarding the Sites or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Sites and Services are owned by Company or Company’s licensors. The provision of the Sites and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.

VI. Indemnity

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Sites or Services, (ii) your interaction with any other user, (iii) your violation of this Agreement or applicable laws, and (iv) your use of any Bundles (including any personal injury, death, or property damage or loss). The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

VII. Third Party Sites and Ads

The Sites might contain links to third party webSites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”), including Hotel Booking Partners. Hotel Booking Partners are suppliers of Bundles that you may access through links provided by the Company within the Sites, including the Comparison tabs of the Auction Sites. Such Third-Party Sites and Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Sites and Ads. The Company provides these Third-Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-

Party Sites and Ads. You use all Third-Party Sites and Ads at your own risk. When you link to a Third-Party Sites and Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third- Party Sites and Ads.

VIII. Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Sites or Services. We may (a) suspend your rights to use the Sites and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Sites or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Sites and Services will terminate immediately. The Company will not have any liability whatsoever to you for any

termination of this Agreement, including for termination of your Account. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections III, IV, V, VI, VII, VIII, X, XI, XII.

IX. Disclaimers

The Sites and services are provided “as-is” and “as available” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non- infringement. We (and our suppliers) make no warranty that the Sites or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

X. Limitation on Liability

In no event, shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the Sites or services, even if we have been advised of the possibility of such damages. Access to, and use of, the Sites and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

XI. Copyright Policy

Company respects the intellectual property of others and asks that users of our Sites and Services do the same. In connection with our Sites and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Sites and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Sites and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the Company:

your physical or electronic signature,
identification of the copyrighted work(s) that you claim to have been infringed,
identification of the material on our services that you claim is infringing you request to remove,
sufficient information to permit us to locate such material,
your address, telephone number, and e-mail address,
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

XII. General

No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Sites or Services.
Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Sites. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Sites or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Sites or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Sites, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Albany County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Albany County, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Albany County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in the paragraph XII.3(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph XII.3(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Broward County, Florida.
Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Sites, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA webSites at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS webSites at http://www.jamsadr.com.
Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Sites, Services or this Agreement, shall exclusively be governed by the internal laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Sites and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees.
Copyright/Trademark Information. All contents of this Sites are: © 2020, ViaFare All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Electronic Communications. The communications between you and the Company use electronic means, whether you use the Service or send us emails, or whether the Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Contact Information