FlyAllOver does not act as principal but makes arrangements with third-party vendors, such as, but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, traveler assist service providers, insurance providers and activities suppliers (each a "Travel Supplier") for travel-related services which include, without limitation, air transportation, lodging, and car rental (each a "Service Element").
By using this Site, you acknowledge that the rates offered by FlyAllOver and affiliate companies are a result of negotiation between FlyAllOver and the Travel Suppliers and include certain fees retained by them for their services, taxes and other charges. When booking with any Travel Supplier thru this Site, you authorize FlyAllOver and affiliate companies to book reservations or enter a contract on your behalf with Travel Suppliers for the total price displayed, including such fees and any applicable taxes or charges related to the Travel Supplier's or Flyallover's services.
FlyAllOver shall not be liable for errors or inaccuracies on the Site, or the failure of Travel Suppliers from whom you obtain services through this Site, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages, activities suppliers, traveler assist service providers and insurance providers. FlyAllOver, in providing travel management services, does not endorse, guarantee or insure the products or services which are provided by an external supplier, the financial position of such suppliers or the reimbursement to you from any loss as a result of the financial condition of such supplier. In the event that a supplier defaults prior to providing the service to you where a payment has been made, your sole recourse for a refund shall be the defaulting supplier, from insurance covering such defaults if any, or from other responsible third party.
Except as expressly stated herein, FlyAllOver assumes no responsibility for actions relating to travel services beyond the control of FlyAllOver or its employees. FlyAllOver is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any Travel Supplier. FlyAllOver shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to booking and payment for such service. FlyAllOver shall not be liable for any cancellation, overbooking, delay, re-routing, strike, any weather occurrence or governmental occurrence as it affects your travel reservation made with us. FlyAllOver shall not be liable for the depiction of travel products and services made available by any supplier of travel products and services, including but not limited to photographs, listed amenities, ratings, and discounts.
FlyAllOver acts as a service that provides value added service to retail travel agents and consumers. FlyAllOver has no control over and assumes no liability for the actions of the suppliers from whom it obtains travel products or services.
FlyAllOver shall not be liable for final currency conversion or rates when paid after a travel reservation is made with us for international travel products and services. You agree and acknowledge that currency rates vary and any quoted price on the Site in local currency is a guideline, and not binding on us or the Travel Supplier.
Once certain travel reservations are made and paid for they may be completely non-refundable or there may be a penalty involved in cancellation or seeking a refund from the supplier of travel products and services. Once tickets have been issued there may be a penalty involved for cancellations and refunds. We do not have control over printed prices on the tickets, although some tickets may have BT (bulk fare) printed on them, some may have a specific value on them, which may be different (lower or higher) than the fare collected.
FlyAllOver does not guarantee, endorse, validate or promote other advertiser's products and services that are advertised on our Site.
By booking with us a contract may be formed between you and a Travel Supplier, and additional Terms & Conditions may apply to your booking and purchase of travel-related goods and services. Please read the additional Terms & Conditions provided by such Travel Supplier carefully. You hereby agree to be bound by all the Terms & Conditions of purchase imposed by any Travel Supplier with whom you choose to contract, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier's rules and restrictions regarding availability and use of fares, products, or services. Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay or during the use of the reserved products or services. Such deposit is unrelated to any payment received by FlyAllOver for your hotel, car or airline ticket booking. You understand that any violation of a Travel Supplier's rules and restrictions may result in the cancellation of your reservation(s), in denial of access to the respective Service Element or services, in your forfeiting any amount paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
LIMITATIONS OF LIABILITY/DISCLAIMER NOTE TO NEW JERSEY RESIDENTS: THE SECTION BELOW ENTITLED "NOTICE TO NEW JERSEY RESIDENTS" SHALL SUPERSEDE AND REPLACE THIS PARAGRAPH FOR ALL NEW JERSEY RESIDENTS
The information and offers contained on the site (including text, graphics, links or other material) are provided on an "as is," and "where available" basis. Flyallover makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the site or any related materials, products, services, or information.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by Flyallover.
In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Flyallover (whether through this site or call center), even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the site must be brought within one-hundred and eighty (180) days from the date on which such claim or action arose or accrued or purchase was completed.
Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the site shall be at your own risk. We are acting only as an intermediary or an agent for providers of travel-related products and/or services by promoting, selling or accepting reservations or bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.) and are in no way liable for such providers' products and services.