Term Of Use
Agreeing to the Terms
Carefully read these Terms of Service (the “Terms of Service”) before accessing or using this website and/or associated apps or services (the “Software”). This Software is maintained, operated and offered by ComboTrip LLC (ComboTrip), and its affiliates and subsidiaries (collectively, “Company”), and is intended to allow you, the user, to gather travel information, organize and communicate this information, determine the availability of travel-related goods and services, secure reservations, facilitate transactions with travel suppliers and other travelers, and to otherwise assist in the planning and execution of travel. You understand that a significant portion of Company’s business is facilitating transactions with third parties, and your rights and obligations with respect to such third party transactions, along with ComboTrip’s role therein, are addressed below in these Terms of Service. By clicking the “I ACCEPT” button or accessing or using the Software or any services offered or materials available thereon, you, the user, are agreeing to be bound by the terms and conditions set forth herein, as well as any changes made thereto that Company may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Service, do not access or use this Software. Company may change the Terms of Service and other guidelines and rules posted on the Software from time to time at its sole discretion. Company will use reasonable efforts to notify you of any material changes to any of these Terms of Service, but your continued access or use of the Software constitutes your acceptance of the changes. Your access and use of the Software will be subject to the most current version of the Terms of Service, rules and guidelines posted on the Software at the time of such use. Please regularly check the “Terms of Service” to view the then-current terms. If you breach any of the Terms of Service, your authorization to access or use this Software is automatically terminated.
Company makes the Software and the Services, Content, and other tools available for your access, download, purchase and/or use, as applicable, and solely in connection with your activities on the Software and further subject to these Terms of Service. Your rights in the Software, Services and Content are limited solely to those rights expressly granted to you herein. “Content” means all information, data, documents (e.g. datasheets, technical information publications, product updates, customer service updates, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, advertising materials, promotional materials, contest materials, pricing information and programs made available or enabled via the Software by Company. “Services” means all services and resources offered, made available or enabled via the Software by Company, or third party service providers featured on the Software, including any software and software-as-a-service made available on the Software. Company hereby grants to you a limited, revocable, non-exclusive right and license to access the Software, Content and Services made available on the Software, along with any other content and services made available thereon, solely for (a) your personal use in connection with your travel needs, or (b) any other purpose clearly stated on the Software or in these Terms of Service, all in accordance with these Terms of Service or as otherwise authorized by Company in writing.
Quality, Accuracy and Completeness
Company attempts to ensure that the Content, Services, and other information featured on this Software are complete, accurate and current. Despite these efforts, the Content, Services and other information contained on this Software may occasionally be inaccurate, incomplete or out of date. Company makes no representations as to the completeness or accuracy of the , Content, Services and other information, advice or recommendations made available on this Software, nor does it make any representations or warranties as to the quality or safety of any , Services, Content or third party products or services offered or made available via the Software.
Consent to Communications, Services, and Special Offers
The Software may contain Services and features that are available to certain mobile phones or devices. Your carrier’s normal rates and fees apply. If Company charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Company’s mobile Services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person. Offers and promotions posted on this Software, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, services, contests, sweepstakes offered on this Software may not be available in every store or location in which Company products are offered.
In order to access certain Services or Content in the Software, registration will be required. This special Services and Content include but are not limited to purchasing, receiving promotional communications or other advertising information, or accessing certain specialized materials offered on the Software. If you are required to establish an account in connection with a particular Service or Content, you must complete the designated registration process for such Service or Content. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you must notify the Company immediately. As part of the rights granted to you hereunder, you may invite friends to register for the Software, import your contacts and request that such contacts be contacted by Company for registration on the Software, or create accounts for your contacts to access the Software and certain features thereof. All such persons shall be considered users of the Software and subject to these Terms of Service.
This Software is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Service for anyone under the age of 13 to register for the Software. You represent and warrant that you are 13 years old or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Software and post content thereto. In order to be eligible to register, you must meet the following requirements:
- You must be a human to register. Accounts registered by automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Software through your account).
The inclusion of any Service or Content on this Software at a particular time does not imply or warrant that such Service or Content will be available at any time. All features, content, specifications and prices of Services described or depicted on this Software are subject to change without notice.
Except as expressly provided herein, the Software, Content and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the the same may violate such laws and the Terms of Service. Except as expressly provided herein, Company does not grant any express or implied right to use the Content and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Software, Content or Services, any portions of the Software, Content or Services or the selection and arrangement of the Software Interface, Content or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Software, Content or Services, or to otherwise take any action that may infringe on the Intellectual Property Rights of Company. The trademarks, service marks, logos and URLs (collectively, the “Marks”) displayed on this Software are the property of Company, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Company, its licensors or such third party that may own the Marks.
Subscriptions/Orders of and Services
Use of Software, Content, and Services
Both registered or unregistered users are subject to strict limitations on usage and handling of any Content. You agree to use the Software only to access, purchase, download, utilize or receive Content or Services in an appropriate manner as related to the particular Content or Services being accessed or used by you. These misuses include, but are not limited to:
- Provide any false personal information, or create an account for anyone other than yourself;
- Create or contribute illegal, unlawful, lewd, or obscene content
- Unlawful activity, including any activity that could give rise to criminal or civil liability;
- Engaging in any concerted effort to collect personal information or any other information about others, including the collection and distribution of such information for use by 3rd parties ;
- Solicitation of third party users of the Software;
- Distributing or failing to supervise profile security information;
- Use or attempt to gain access to or use another’s account;
- Creating identifying account information that seeks to impersonate another individual or is commonly understood to be referencing an obscene or inappropriate word or phrase;
- Manipulating trademarked or proprietary content or unprotected content to construed as registered, trademarked, or otherwise protected;
- Access or attempt to access any Content that you are not authorized to access or Content through any means not intentionally made available through the Software or Services;
- Infringing upon any Intellectual Property Rights or other rights of any party through use of the Software;
- Disrupt or interfere with the security or operations of the Software or any Services, Content or systems resources, including straining Company servers;
- Abuse, defame, harass, stalk or threaten another user or employee/representative of the Company
Company reserves the right, in its sole discretion, to monitor or review the Software, Content, and Services at any time. Company may at any time without notice and in its sole discretion: (a) terminate a Service or your access to any or Content or an area of the Software; and (b) disclose any information related to your use of or access to a Service, Product or Material, as Company deems necessary to comply with applicable law, regulation, legal process or
Contributions to the Software
In certain instances, your User Contributions may include trip itinerary information, and Company may seek to use such information and provide access to such information to third parties. Before providing such information to any third party, Company will seek your permission.
You are solely and entirely responsible for all of your User Contributions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Contributions from or by others. Company does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Contributions. You acknowledge and agree that by accessing or using the Software, you may be exposed to material from others that you find objectionable. You acknowledge and agree that Company shall not be liable for any actions or inactions resulting from or related to any User Contributions made on the Software.
Shared Content Usage
The shared Content on the Software, which is viewable and accessible by all users and visitors, can be linked to, downloaded, and otherwise re-distributed as long as such content is not referenced or represented out of context or otherwise used in a way that violates the content owner’s rights in any way. Using Content for any other purpose is expressly prohibited.
Software interface elements are protected by law, including trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Software may be copied or retransmitted unless expressly permitted by Company. In addition, various sections of the Software may showcase the work of creative professionals. Content belonging to artists, photographers, and other creative professionals may be protected by Intellectual Property Rights and are not to be duplicated, transmitted, or otherwise shared without the permission of the content owner.
Restriction and Termination of Use
Company may block, restrict, disable, suspend or terminate your access to all or part of the Software, Services, and Content at any time in Company’s sole discretion, without prior notice or liability to you.
Third Party Links
Websites or platforms outside of the Software may be linked to within the Software interface(“Links”). The Links are provided by Company to you as a convenience, do not imply endorsement of the Links. ComboTrip has not reviewed all of the sites linked to its Software and is not responsible for the contents or functions of any such linked site. Use of any such linked web site is at the user's own risk.
Booking and Travel
ComboTrip seeks to provide the best rates and travel supply options to its users but makes no guarantee that the prices advertised through the Service represent (i) the lowest price for the advertised product or service that may be available in every area or on any particular day, or (ii) the published price for the advertised product or service on another website, application or publication not affiliated with ComboTrip in every area on any particular day. Your use of the Software is entirely at your own risk. ComboTrip is not a travel agent and is not responsible for providing any travel options displayed via the Software or for setting or controlling the prices we display.
ComboTrip partners with top Booking Suppliers and Service Providers, and attempts to ensure that they are properly licensed and registered, but does not warrant that this is the case. Any Third Party Travel which you find and/or book via the Software are provided by independent travel agents, airlines, hotels, travel operators, activity inventory providers or other third parties (“Booking Partners”). ComboTrip is not responsible or liable for any loss or damage of any sort incurred as a result of a failure by any Booking Partner to maintain proper licensing and registration.
The Service allows users to query sources of travel related products and services with respect to price and availability, and to store and use the results of such searches. Both price and availability are subject to change without notice until a valid booking is completed with the applicable Booking Partner. ComboTrip does not warrant the availability of any price stored in an itinerary unless/until a booking is made. It is your sole responsibility to monitor price and availability of travel related products and services on your own behalf and on behalf of other users with whom you are planning travel, and to complete valid bookings on a timely basis.
- Confirmation and fulfillment
ComboTrip facilitates your bookings with our Booking Partners, but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Booking Partner Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Booking Partner Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. Policies and procedures for confirmation and fulfillment of travel related products and services purchased in connection with the Service will vary between Booking Partners. Confirmation of your booking may be communicated to you within the Application or via an email from the relevant booking provider. It is your responsibility to record any information or translate any materials necessary to fulfill your transaction prior to your travel date, bring these with you on your trip.
- Transactions, fees, cancellations, refunds
Actual charges that appear on your bank or payment method statement may differ from the advertised charge at the time of booking due to exchange rates, foreign transaction fees, and other fees or charges assessed by your payment provider, a booking partner, or another party involved in the actual booking charge processing. Policies and procedures for changes, cancellations, and refunds of travel related products and services purchased in connection with the Service vary with the Booking Partner and the ultimate provider of the product or service. It is very important that you consult the relevant terms and conditions of the Booking Partner associated with each element of your trip, and that you understand and agree to these terms, before completing a booking as many charges are non-refundable.
- Passports, visas & insurance
It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure. We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure.
- Travel destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.
By promoting travel to particular international destinations, ComboTrip 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.
Limitations and Indemnification
In no event shall ComboTrip or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company’s Software, even if Company or a Company-authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. COMPANY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS, Links, services OR OTHER INFORMATION PROVIDED ON THE SOFTWARE. You agree to indemnify and hold Company, its divisions and affiliates, and their respective officers, directors, partners, employees, shareholders, members, managers, owners and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your access to, reliance on, use, purchase or, as applicable, consumption of the Software, , Services or Content (including any use by your employees, contractors, customers, clients or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Software or any , Services or Content); (ii) your connection to the Software, , Services or Content; (iii) your violation of the Terms of Service or your breach of any representation or warranty made herein; (iv) your infringement of any third party’s Intellectual Property Rights when using the Software, , Services or in any Content; (v) your violation of any rights of any third party; (vi) your access to or use of Linked Sites and your connections thereto; (vii) any dealings between you and any third parties advertising or promoting via the Software, , Services or Content; or (viii) Company’s use of your User Contributions.
Revisions and Errata
The materials appearing on ComboTrip's web site could include technical, typographical, or photographic errors. ComboTrip does not warrant that any of the materials on its web site are accurate, complete, or current. ComboTrip may make changes to the materials contained on its web site at any time without notice. ComboTrip does not, however, make any commitment to update the materials.
Terms of Service Modifications
This Software, (excluding Linked Sites) is controlled by Company from its offices within the State of New Mexico, United States of America. Any claim relating to ComboTrip's web site shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions.
Personal Information and Privacy
You may also be subject to additional terms and conditions that may apply when you use other Company products, services, third party content or third party software. You may not assign or otherwise transfer the Terms of Service nor any right granted hereunder without Company’s prior written consent. Any failure by Company to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision.