Introduction
NonStopHawaii.com is owned and operated by Non-Stop Travel. This
Agreement describes the terms and conditions applicable
to the services available through this website. This
Agreement describes your responsibilities and, among
other things, limits the liability of Non-Stop Travel.
Before submitting an account registration form and/or
using any of the services offered on our website, please
read all of this Agreement carefully. Your use of this
website (the "Site") constitutes your agreement
to be legally bound and abide by all terms, conditions
and notices contained herein. If you do not agree with
any part of these Terms and Conditions, YOU MUST NOT
USE THIS SITE. Additionally, children are prohibited
from using this Site.
Non-Stop
Travel reserves the right, in its sole and absolute
discretion, to amend this Agreement at any time by posting
the amended terms on this Site. The amended terms shall
be effective from and after the date that they are posted
on the Site.
PART
I:
GENERAL TERMS AND CONDITIONS
Copyright
Notice:
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 and compilations (collectively,
"Content") are intellectual property and copyrighted
works of Non-Stop Travel and/or various third
party providers ("Providers"). Reproductions
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.
Trademark
Notice:
"NonStopHawaii.com" is an existing
trademark of Non-Stop Travel. Other product and
company names identified on this Site may be the trademark,
trade name, service mark, logo, symbol or other proprietary
designation of a third party. The use on this Site of
any name, trademark, trade name, 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.
Acceptable
Use:
It is a violation of law to purchase a product in a
false name or with an invalid credit card. 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.
No
Warranties:
Unless a Provider has agreed otherwise, all products,
services, advice, merchandise and information available
through this Site are provided on an "as is",
"as available" basis without warranties of
any kind, either expressed or implied, including but
not limited to, warranties of title or implied warranties
of merchantability or fitness for a particular purpose.
Without limiting the above, no warranty or guarantee
is made (i) regarding the purchase of any product, (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, (iv)
that use of this Site and all software, products or
services associated with this Site will be error free,
(v) regarding the results that may be obtained from
the use of this Site, (vi) regarding the completeness,
accuracy, reliability or quality of any information
content, data, service, advice or merchandise provided
or available through this Site, or (vii) regarding the
performance or non-performance of this Site. You expressly
agree that the use of this Site is at your sole risk.
General
Limitation of Liability:
IN NO EVENT SHALL NON-STOP TRAVEL, INCLUDING
ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED
PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS,
CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE,
WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH
ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY
TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN
IF NON-STOP TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities
for any damage and/or delay due to Provider cancellations,
shortages, sickness, pilferage, labor disputes, machinery
breakdown, quarantine, government restraints, weather
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 these Terms and Conditions nor for any Provider's
failure to comply with applicable federal, state and
local law including, without limitation, laws governing
the sale, warranty, and return of perishables.
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 fee or charge to the User
assessed by Non-Stop Travel for making a Purchase.
Some
states, to the extent their law might be deemed to apply
notwithstanding the selection of Hawaii law as described
below, do not allow the limitation of liability, so
the foregoing limitations might not apply to you.
Third
Parties:
If you use this Site to purchase products or services
for or on behalf of a third party ("Third Party"),
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.
User
Comments, Feedback and Other Submissions:
All comments, feedback, suggestions and ideas
disclosed, submitted or offered to a Covered Party in
connection with your use of this Site (collectively,
"Comments"), shall be and remain the exclusive
property of Non-Stop Travel and may be used by
a Covered Party in any medium and for any purpose worldwide
without obtaining your specific consent. For example,
your Comments could be used on this Site and in radio,
television and print advertisements. Your first name,
first initial of your last name, and town and state
may be used with any Comments you submit. No Covered
Party is under any obligation to maintain your Comments
(and the use of your first name and first initial of
your last name with any comments) in confidence, to
pay to you any compensation for any Comments submitted,
or to respond to any of your Comments. You agree you
will be solely responsible for the content of any Comments
you make.
Links
to other Websites and Services:
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. None of the Covered Parties
guarantees or warrants the accuracy or completeness
of the information or content included on the Web sites
of these outside services and resources.
Termination
of Usage:
User access to all or part of this Site may be terminated
or suspended at any time, without notice and for any
reason.
Credit
Card Submissions:
Under no circumstances may a purchase be made by a User
utilizing this Site unless the User has provided Non-Stop
Travel with the account number and expiration date
of a major credit card.
Miscellaneous:
The captions in these Terms and Conditions are only
for convenience, and do not, in any way, limit or otherwise
define the terms and provisions of these Terms and Conditions.
These Terms and Conditions, 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 or representations. The internal laws of
the State of Hawaii shall govern the performance of
the terms and conditions of this agreement.
PART
II:
TERMS AND CONDITIONS THAT SPECIFICALLY APPLY TO AIRLINE
SERVICES
Travel
Service Limitation of Liability:
Non-Stop Travel is acting as an agent for airlines
or other travel service providers (collectively, "Travel
Suppliers") in selling travel services, or in accepting
reservations or bookings for such services to be provided
to you. Non-Stop Travel does not assume liability
for any injury, damage, death, loss, accident or delay
due to an act of negligence or the default of a Travel
Supplier, or by an act of God. Further, no responsibilities
are accepted for any damage and/or delay due to sickness,
pilferage, labor disputes, machinery breakdown, quarantine,
government restraints, weather or causes beyond Non-Stop
Travel's control. No responsibility is accepted
for any additional expense, omissions, delays, re-routing
or acts of any governmental authority. The contract
of carriage in use by a Travel Supplier, when issued,
shall be between the Travel Supplier and the passenger.
Ticket
Restrictions:
Airline tickets purchased through this Site are subject
to the published conditions of carriage and rules of
the applicable airline. In addition, the following restrictions
will apply:
Cancellations
and Changes to Issued Air Tickets/Fees:
Cancellation and/or changes to issued air tickets is
dependent upon each carrier's rules and regulations. Non-Stop Travel reserves the right to impose
all cancellation/change policies set forth by the validating
carrier.
In the event an itinerary is changed once tickets are
issued, a change fee up of up to $100 USD or the current
prevailing fee imposed by the applicable carrier will
be assessed, in addition to the collection of the additional
fare, if any.
Name
changes are not permitted at any time:
In the event of a total cancellation, airfares may be
non-refundable. Should the fare be non-refundable, the
carrier may allow future travel for the same passenger(s)
within a 1-year time period. Each carrier reserves the
right to impose a fee up to $100 USD, plus collection
of the additional fare. Non-Stop Travel reserves
the right to charge an administrative fee of $75.00 USD
for each ticket issued as a result of a change or cancellation.
Country
Selection:
If
you select a country and purchase airfare not originating
from that country, prices may not be accurate!
PART
III:
TERMS AND CONDITIONS THAT SPECIFICALLY APPLY TO CRUISE
SEVICES ITINERARIES
The
cruise line has reserved the right to cancel or change
itineraries at any time.
Discount
Coupons:
The price listed on NonStopHawaii.com is the
final price. No coupons, discounts or other such materials
will be accepted.
Changes:
Any change made to a Web Fare booking will require repricing
to the non-Web Fare rate listed in black on this site.
Additionally, there will be a $75.00 USD, total per cabin,
administrative fee to be charged by Non-Stop Travel,
including but not limited to, name changes and corrections,
addition or subtraction of passengers, cabin changes
and air deviations. These charges are in addition to
any charges imposed by the cruise line for these changes.
Cancellations:
If travel insurance is not purchased, there will be a
$75.00 USD, total per cabin, cancellation fee to be charged
by Non-Stop Travel plus any charges imposed by
the cruise line for any cancelled reservation. A transfer
of a booking out of the control of nonstophawaii.com to another agency or to the cruise line is considered
a cancellation. |