User
Agreement - Terms and Conditions
All reservations you book through us are subject to the
following terms, conditions and notices as they exist at
the time the reservation is made. Your reservation constitutes
a contract which can be cancelled in accordance with our
cancellation terms as specified to be no later than 24 hours
prior to 12pm hotel time date of arrival. We reserve the
right to change these/terms, conditions and notices, 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
our website and facilities.
Limitations
on Use of Website
As
a condition of your use of this website, booking a reservation
through us, or using any of the information, data or images
from the website, you warrant and represent to us that you
will not use this website or information, images or data
on the website, for any illegal purpose, or for any purpose
that is prohibited by this contract, and you agree not to:
modify, copy, distribute, transmit, publish, display, license,
create derivative works from or sell any product, services,
information or software obtained from this website.
Your
Warranties to Us
You
warrant that you are at least 18 years old and possess the
legal authority to enter into this contract and to use this
website in accordance with the terms and conditions of this
contract. You agree to be financially responsible for all
of your use of this website as well as for the use of your
name and credit card account to pay for products and services
purchased at this website by members of your household,
including minors living with you. You also warrant that
all information supplied by you or members of your household
in using this website is true and accurate.
Terms
of Service
General
This
website is provided solely to assist customers in reserving
airport hotel with parking packages, and to make legitimate
and true reservations or otherwise transact business with
our company, and for no other purposes. Separate terms and
conditions will apply to your reservation and the property
that you select. You agree to abide by the terms or conditions
of purchase imposed by hotel with whom you elect to deal,
including, but not limited to, payment of all amounts when
due and compliance with the hotel's rules and restrictions
regarding availability and use of fares, products, or services.
You understand that any violation of any such hotel's conditions
of purchase may result in cancellation of your reservation(s)
or purchase, in your being denied access to the property
and its facilities, as well as monies paid for such reservation(s)
, and in the Company debiting your account for any costs
we incur as a result of such violation. You shall be completely
responsible for all charges, fees, duties, taxes, and assessments
arising out of your use of this website, and, without limitation,
you shall be responsible for all charges, fees, duties,
taxes, and assessments arising out of transactions performed
by others on your behalf, whether or not such uses were
performed with your consent.
Prepaid
Hotel Transactions
You
agree that your credit card will be charged for the full
cost of your reservation upon submitting your reservation
request. The cost of your reservation is the total of: the
indicated room rate multiplied by the number of days in
your reservation, plus an additional amount for the tax
recovery charges . The tax recovery charge is assessed to
recover the amount we pay to the hotel in connection with
your reservation for sales and use, occupancy, room tax
excise tax, value added and other similar taxes etc.
We
are not the vendor collecting and remitting said tax to
the applicable tax authorities. The vendors bill all applicable
taxes to us and we remit such tax directly to the vendor.
We are 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. Our
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.You
may cancel or change your prepaid reservation, but you will
be charged the cancellation or change fee indicated on the
reservation request form. In addition, if you do not cancel
or change your reservation before the cancellation policy
period applicable to the hotel you reserved, which varies
by hotel (usually 24 hours prior to 4pm your date of arrival),
you will be subject to a charge of one-night's room rate,
plus tax recovery charges. No refunds will be made for no-shows
or early checkouts. You agree to pay any cancellation or
change fee that you incur. In some cases, hotels do not
permit changes to or cancellations of reservations after
they are made, generally for stays during holiday periods
or special events. You will be notified before the reservation
order is completed and your credit card is charged if a
reservation is non refundable or non changeable. You agree
to abide by the terms and conditions imposed with respect
to any completed reservation order for a hotel stay as specified
on the reservation order form.The Company attempts to secure
the best park & fly package rates available. The Company's
guarantee provides limited assurance that our rates on prepaid
park & fly package transactions are the lowest rates
available.
Electronic
Communications
You
communicate with the Company electronically whenever you
visit AmericanAirportHotels.com or send emails to us. You
consent to receive confirmation and reservation correspondence
communications from the Company electronically and by fax.
You agree that all notices, disclosures, contracts and other
communications that we provide to you electronically or
by fax satisfy any legal requirements that communications
be in writing.
Liability
Disclaimer
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES. IN PARTICULAR, THE COMPANY AND
ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM
LIABILITY FOR INACCURACIES RELATING TO, THE HOTEL PHOTOGRAPHS,
HOTEL PROPERTY DESCRIPTIONS, AND LISTS OF HOTEL PROPERTY
AMENITIES DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION
IS PROVIDED BY THE HOTEL PROPERTIES. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.THE COMPANY,
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 THE COMPANY OR ITS AFFILIATES. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATIONTHE HOTELS
PROVIDING PARK & FLY PACKAGES FOR THE COMPANY ARE INDEPENDENT
CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR
ITS AFFILIATES. THE COMPANY 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. THE COMPANY AND ITS AFFILIATES
HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF
CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER
CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENT
OR AUTHORITY.IN NO EVENT SHALL THE COMPANY, 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
THE COMPANY, 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.
Indemnification
You
agree to defend and indemnify the Company, 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: o your breach of this contract
or the documents referenced herein; o your violation of
any law or the rights of a third party; or o your use of
this website.GeneralBy using this website or booking a reservation
through us you agree that the internal laws of the State
of New York, without regard to the principles of conflicts
of laws, will govern this contract and any dispute of any
kind that arises between you and the Company or its affiliates.
You hereby agree that any dispute arising from or relating
to the use of this website or hotel reservations made through
us may, if not amicably resolved, be resolved only through
binding arbitration between you and us under the commercial
rules of the American Arbitration Association. This arbitration,
which shall be conducted in New York, USA before neutral
arbitrators, shall not involve other customers, be combined
with separate arbitrations involving other customers, or
proceed as any type or form of class action in which the
claims of similarly-situated customers are pursued together.
Use of this website is unauthorized in any jurisdiction
that does not give effect to all provisions of this contract,
including, but not limited, to this paragraph. We reserve
the right to comply with law enforcement requests or requirements
relating to your use of this website or information provided
to or gathered by the Company with respect to your use of
this website. If any provision of this contract is determined
to be invalid or unenforceable pursuant to applicable law
by any court of competent jurisdiction, the other provisions
of this contract will remain in full force and effect.You
agree that no joint venture, partnership, employment, or
agency relationship exists between you and the Company as
a result of this contract or use of this website.We reserve
the right to comply with law enforcement requests or requirements
relating to your use of this website or information provided
to or gathered by the Company with respect to your use of
this website.If any part of this contract 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 contract shall
continue in effect.This contract (and any other terms and
conditions referenced herein) constitutes the entire agreement
between the customer and the Company with respect to this
website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between
the customer and the Company with respect to this website.
A printed version of this contract and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this contract 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.
Copyright
and Trademark Notices
This
website is operated by, and the contents of this website
are copyrighted 2005, AmericanAirportHotels.com. All rights
reserved. AmericanAirportHotels.com and Park While U Fly
are registered trademarks. Other product and company names
mentioned herein may be the trademarks of their respective
owners.
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