Terms & Conditions
This website is operated by Touriffy.com., 14350 60th St North Suite: 19033 Clearwater FL. 33760. Limited Liability Corporation having its registered office at 14350 60th St North Suite: 19033 Clearwater FL. 33760, USA. The terms "we", "us", "Company" and "australia.Touriffy.com" refers to Touriffy.com., its affiliates and/or their respective suppliers and providers ("Touriffy.com"), and "you" refers to the individual person creating an account with us and/or the customer booking a reservation though us directly through this website, or indirectly through any of our affiliates through whom we provide services. This website is offered to you and is conditioned on your acceptance without modification of the terms, conditions and notices contained herein as they exist at the time the reservation is made. All use of your account by you and utilization by us of the information related to your account together with reservations you book through us are subject to the following terms, conditions and notices. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorized to use this website.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This website is for your personal and noncommercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Touriffy.com or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Touriffy.com.;
- violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
- take any action that imposes, or may impose, in the discretion of Touriffy.com, an unreasonable or disproportionately large load on the Touriffy.com infrastructure; or
- deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Touriffy.com
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are: ©2011 Touriffy.com., 10440 North Central Expressway, Suite 400, Dallas, Texas 75231 USA. All rights reserved. Touriffy.com and Touriffy.com logo are registered trademarks or trademarks of Touriffy.com. Other product and company names mentioned herein may be the trademarks of their respective owners.
NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE OUR LIABILITY FOR OUR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, Touriffy.com AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND Touriffy.com AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Touriffy.com, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
Touriffy.com, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY Touriffy.com OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Touriffy.com, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR Touriffy.com ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Touriffy.com OR ITS AFFILIATES. Touriffy.com AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Touriffy.com AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL Touriffy.com, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Touriffy.com, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify Touriffy.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 this agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties other than Touriffy.com. Such hyperlinks are provided for your reference only. Touriffy.com does not control such websites and is not responsible for their contents or your use of them. Touriffy.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this website ("Software") is the copyrighted work of Touriffy.com, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, Touriffy.com. hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by Touriffy.com, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
CONDITIONS OF USE FOR DISCOUNT CODES OR COUPONS
Discount codes or coupons ("Coupons") may be used to book a hotel with Touriffy.com on the website Touriffy.com.
For specific restrictions on use of Coupons please see the Coupon communication.
Only one Coupon per booking may be used. Usual booking terms and conditions apply and all bookings are subject to availability.
Coupons may be transferred, but are not valid if sold.
All taxes, fees, charges, and surcharges are applicable to reservations made using Coupons. These charges must be paid at the time of the reservation and are the responsibility of the customer.
Coupons have no cash or refund value except when redeemed in accordance with all terms and conditions of this offer. Coupons cannot be returned for cash or its equivalent. Coupons cannot be applied to the cost of prepaid reservations or other miscellaneous charges.
Single-use Coupons will be deemed fully used once a qualifying reservation has been made and will not be returned or replaced and there will be no refund if a Coupon is redeemed in part. Multiple-use Coupons will be deemed fully used in accordance with the restrictions set out in the individual Coupon terms and conditions.
If the travel stay dates are changed after the use of a Coupon, then that Coupon will not apply to the changed travel schedule.
Coupons may not be used for any previously purchased reservation.
Coupons cannot be used by employees of Touriffy.com
Touriffy.com reserves the right to vary these conditions of use or to withdraw Coupons at any time.
Tax Recovery Charge
The tax charge on Touriffy.com Special Internet Rate hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Touriffy.com pays to the vendors (e.g. hotels, etc.) in connection with your travel arrangements.
Touriffy.com is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to Touriffy.com and Touriffy.com remits such tax directly to the vendor. Touriffy.com is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. Touriffy.com's actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.
These fees cover the costs incurred by Touriffy.com in servicing your travel reservation.
Touriffy.com reserves the right to discontinue the participation privileges of any individual who engages in any fraudulent activity or uses the Program in a manner inconsistent with these welcomerewards Terms & Conditions or any federal or state laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated loyalty credits and benefits. In addition to discontinuance of participation privileges, Touriffy.com shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary. While you are enrolled in the welcomerewards program, we may communicate with you via email regarding updates on your account or transactions. Loyalty credits do not constitute the property of any participant and may not be sold, transferred, combined with any other member's account, or assigned, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Dallas County, Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these welcomerewards Terms & Conditions, your rights and obligations, or the rights and obligations of Touriffy.com in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
The Program is void where prohibited by law. The failure of Touriffy.com to enforce any provision of these welcomerewards Terms & Conditions shall not constitute a waiver of that or any other provision. Touriffy.com's decisions as to all questions or disputes regarding Program eligibility, earning or redemption of loyalty credits or your compliance with these welcomerewards Terms & Conditions are final.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Touriffy.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Australian Department of Foreign Affairs and Trade: http://www.smartraveller.gov.au.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, Touriffy.com 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.
MODIFICATION OF THESE TERMS AND CONDITIONS
Touriffy.com reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this website and its facilities.
This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, USA, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Touriffy.com as a result of this agreement or use of this website.
Touriffy.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Touriffy.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Touriffy.com with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Touriffy.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Touriffy.com with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF Touriffy.com WEBSITE
The Touriffy.com website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. 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 website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (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 website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website 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 website may result in you being denied access to such facilities
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Touriffy.com debiting your account for any costs Touriffy.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Touriffy.com, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, Touriffy.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates. Touriffy.com, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
User Reviews, Comments and Content
Touriffy.com may display reviews, comments and other material in relation to hotels as well as other holiday and travel experiences ("Reviews"). Touriffy.com may also offer a facility allowing users of this website to post Reviews ("User Reviews"). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by Touriffy.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this website.
Specifically, by using such a service, you represent and warrant that:
- you own or otherwise control all of the rights to the User Reviews that you post;
- as at the date of posting, the User Reviews submitted are accurate;
- User Reviews that you supply do not breach any Touriffy.com terms and conditions of use, guidelines or policies (as applicable from time to time);
- you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
- you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
- you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so;
Touriffy.com does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, Touriffy.com does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk.
Touriffy.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where Touriffy.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.
If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to: Hotelreviews@Touriffy.com.
Note that Touriffy.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.
©2011 Touriffy.com. All rights reserved.