General Sales Terms & Conditions
Welcome to Holidays with Downtown
In this document, terms that commence with a capital letter are defined in this Section or in the preamble. "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks, Products and Services.
"Holidays with Downtown", “Holidays”, "we" or "our" means Holidays with Downtown.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login to our Site or to access your profile.
"Products and Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, travel insurance or any other items available or that may be made available through the Site.
"Provider" means Holidays with Downtown licensors, suppliers, information providers and service providers.
"Purchase" means to book, reserve or purchase.
"Site" means the www.holidayswithdowntown.com website.
The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from this Site.
Holidays with Downtown grants you a limited, personal, nontransferable, non sub-licensable, revocable license to access and use the Site only as expressly permitted in these Terms. 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.
Restrictions on Copy, Distribution or Sale
You may not copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever; use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site; reverse engineer any part of this Site; or sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires Holidays with Downtown to allow you to do so, you may not do any of the following without the prior written consent of Holidays with Downtown:
Use any robot, spider, other automatic device, or manual process to monitor Content; use the Site other than to make legitimate reservations or purchases; use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand; imply in any fashion that Holidays with Downtown is endorsing your products or services; place false or misleading information on the Site, post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms; use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Holidays with Downtown, other Site users or members; upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party; use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that imposes an unreasonable load on our equipment; or disguise the origin of the information transmitted through the Site.
Member ID and Password
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
Holidays with Downtown, at its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site. Holidays with Downtown shall not be responsible to you for such suspension or termination. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass.
Any aspect of the Site may be changed, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Holidays with Downtown shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Terms & Conditions and our obligation to you is no more than the posting of the changes with the date of the last update.
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Holidays with Downtown and its Providers.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in My Account database. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
Privacy and Security
We will use reasonable efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, products, etc. have been provided to us by the vendors. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site. You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail within that period please contact our customer service by email at firstname.lastname@example.org.
Credit Card Payments
Your authorization to use your Credit Card number for deposits and/or final payment indicates your acceptance of our booking terms and conditions, whether or not your have actually signed the appropriate draft. The credit card used must belong to one of the passengers in the reservation.
Only credit cards issued in USA/Canada are accepted.
Third party Credit Cards will absolutely not be accepted.
Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before 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 websites of the US State Department, Transportation Security Agency, Treasury Department, Department of Transportation, the FAA and the Customs & Immigration Service. Requirements for entry and/or stay in foreign countries may be restricted depending on your citizenship. Please consult the Embassy or Consulate of the country visited prior to your trip. Holidays with Downtown does not represent or warrant that travel to international points is advisable or without risk and will not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such.
Fees and Surcharges
Holidays with Downtown may charge a fee for the services it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites and you should carefully review the terms and conditions of use of these sites, because those terms will apply to your visit to those other sites.
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that (a) you give Holidays with Downtown prior written notice of such link by contacting Holidays with Downtown Customer Service, to request Holidays with Downtown’ permission to establish the link; (b) you discontinue providing a link to our Site if so requested by Holidays with Downtown; (c) you do not imply in any fashion that Holidays with Downtown is endorsing any of your products or service or is affiliated with you, (d) you do not present Holidays with Downtown in a false light, or provide misleading or false information about Holidays with Downtown, or its Site or Services, (e) you do not remove or obscure the copyright notices, or other notices on this Site; (f) you do not use any Mark of Holidays with Downtown; and (g) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, at our sole discretion.
Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with Holidays with Downtown.
Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Holidays with Downtown. IN NO EVENT WILL HOLIDAYS WITH DOWNTOWN OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPERLINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF HOLIDAYS WITH DOWNTOWN AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, Holidays with Downtown or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Holidays with Downtown and the Providers' liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
Disclaimer of Warranty
Holidays with Downtown and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Holidays with Downtown and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Holidays with Downtown is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, HOLIDAYS WITH DOWNTOWN AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
You agree to defend and indemnify Holidays with Downtown and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Holidays with Downtown as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage, and we make available the fare rules for all air carrier tickets before purchase.
The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.
You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase set forth in an air carrier's fare rules or contract of carriage.
Neither Holidays with Downtown nor the FAA, nor any provider of air traffic data makes any promises or guarantees as to the accuracy, completeness, or adequacy of any delay or other air traffic management information on this site, and Holidays with Downtown and the FAA expressly disclaim liability for any errors and omissions.
The laws of the State of New York (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in New York (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
This Site is the sole and exclusive property of Holidays with Downtown or its licensors. Holidays with Downtown and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Holidays with Downtown, HOLIDAYS WITH DOWNTOWN, Holidays by Downtown, HOLIDAYS BY DOWNTOWN, HWD, HWDT HBD, HBDT and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of MB Travel Corp., d/b/a Downtown Travel and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Holidays with Downtown or the relevant Provider, except as an integral part of any authorized copy of the Content.
Additional Copyright Notices
Some of the Content is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of the Terms.
If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersede any provision of these Terms with respect to the Content to which it pertains.
These Terms supersede any prior Holidays with Downtown Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated below. Unless specifically provided, they do not supersede the Additional Terms for carriage or other specific terms or conditions displayed elsewhere in this site.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
Contact Information If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Holidays with Downtown, you may contact our Customer Service department as indicated below.
Holidays with Downtown
3 West 35th Street, 8th floor
New York, NY 10001
The paragraph titles used in this document are for reading facilitation, only, and have no bearing in the meaning of the terms and conditions themselves. The order presented is arbitrary and does dot assign more weigh or priority to one paragraph over another. The entirety of the text shall be construed to represent all the terms and conditions for the use of the site including other terms and conditions mentioned in the site that may be more specific, limiting or restricted than these terms and conditions.
New York, 19 January 2015