BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR SERVICES ON THE WEBSITE AND/OR BY MAKING A CONFIRMED RESERVATION ON OUR SITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE, SERVICES AND DURING YOUR STAY.
We may make changes to these Terms and Conditions from time to time in our sole discretion. Each time changes are made to these Terms, a revised set of Terms will be posted on the reservations page for One&Only Ocean Club. Please check them regularly to take notice of any changes. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes.
Please note that the currency conversions shown on the Site are for comparison purposes only. Hotel bookings will be made in the local currency originally displayed for the relevant hotel and the actual currency conversion rate will vary from time to time. The currency rates used are compiled from a variety of public sources and are only updated on a daily basis. Any reliance upon the currency rates provided is at your own risk and KIRI accepts no responsibility for any adverse consequences.BOOKING OPTIONS:
If you would like to book multiple rooms, please make sure to use a different name for each room, otherwise the duplicate name reservation may be canceled by the hotel. Note: To check-in at the One&Only Ocean Club, at least one guest must be at least 18 years of age and present a valid credit card in their name. If under 18, the guest must be traveling with a party where one guest is 18 or older and is the credit card holder for all reservations.PAYMENT POLICY:
One&Only Ocean Club requires a two night deposit per room at time of booking.
Villa reservations require full payment 60 days prior to arrival.
Holiday periods and specialty packages require full payment prior to travel.
Spring Break travel (March 12 – 29) requires full payment by February 1, 2015
Easter Holiday travel (March 30 – April 11) requires full payment by March 1, 2015.
Thanksgiving Holiday travel (November 24 – 28) requires full payment by October 1, 2015
Christmas Holiday travel ( December 18, 2015 – January 2, 2015) requires full payment by August 1, 2015
One&Only Ocean Club reserves the right to cancel a trip at any time prior to scheduled departure.
In the event your trip is canceled by One&Only Ocean Club, a full refund will be issued. If your deposit is made by credit card, your final payment will be charged on the date noted in your booking. For complete policies consult your One&Only Ocean Club Travel Specialist directly at 1-866-552-0001.Crescent Luxury Beachfront Winter Offer
Receive a $250.00 Resort Credit when you book a Luxury Beach Front Room and receive a $450.00 Resort Credit when you book a Luxury Beach Front Suite. Also, receive complimentary round-trip transfer from and to the airport for up to 3 guests. Book by 1/14/14 and travel is valid from 1/5/14 through 3/5/14.
Offers subject to change or cancellation without notice. Not combinable with any other offers. New bookings only. 4 night minimum night stay is required. Resort credit is not redeemable for cash if not completely used by time of check-out. Not applicable to gratuities. All normal booking, payment and cancellation policies apply. Other restrictions may apply. $250 credit for Beach Front rooms and $450 credit on Beach Front suites. Transfers are for up to 3 passengers only. Flight information must be provided at time of booking. Transfers are from/to Nassau International Airport only. $250 air credit requires a 4 night minimum night stay. New air-inclusive U.S. and Canada bookings only. Valid for travel through 8/31/14.Book by 2/17/14. One credit per room. No refund for cancelled airfare. Not applicable to groups of 10 or more rooms per night .ADDITIONAL CHARGES:
If you purchase a One&Only Ocean Club room stay, the following charges are not included in your quoted price and will be assessed upon check out at the property: (i) a 20% charge that includes taxes, the Paradise Island Tourism and Development Association levy, the Nassau Paradise Island Promotion Board levy and compensation for servicing your reservation; and (ii) a mandatory gratuity for guests 12 years old or older of between $5 and $35 per person per day, depending on room type. These additional charges are not included in your nightly rate. These additional charges
are not included in any prepaid reservations or deposits, and you will be assessed these charges upon check out at the property. One&Only Ocean Club room rates are based on double occupancy. One child 11 years old and younger stay complimentary with two paying adults, children 12-17 years old are subject to a charge of $100 per night and will be accommodated on a rollaway bed.CANCELLATIONS/NO SHOWS:
Cancellation of a confirmed room or suite reservation 14 days or less prior to arrival is subject to a two night penalty. Villa reservations cancelled 60 days or less prior to arrival are fully non-refundable.
Holiday Travel for the Villa is non-refundable after August 1, 2013 for travel December 20, 2013 - January 4, 2014 may be penalized may be penalized 100%.
Holiday travel will be penalized 100% as specified below:
Spring Break travel (March 12 – 29) requires full payment by February 1, 2015. After February 1, 2015 is non-refundable.
Easter Holiday travel (March 30 – April 11) requires full payment by March 1, 2015. After March 1, 2015 is non-refundable.
Thanksgiving Holiday travel (November 24 – 28) requires full payment by October 1, 2015. After October 1, 2015 is non-refundable.
Christmas Holiday travel ( December 18, 2015 – January 2, 2015) requires full payment by August 1, 2015. After August 1, 2015 is non-refundable.
No-shows will be penalized the entire length of stay. Should you fail to travel and use the accommodations and services in your travel package, all fees & charges imposed by One&Only Ocean Club, the airlines, resort or other suppliers will still apply. All members of the travel party must present a valid passport when traveling to and from the United States and The Bahamas. Failure to provide the air carrier or governmental officials with necessary documents will lead to denial of boarding. All cancellation and no show penalties that are incurred are the sole responsibility of the client and will be charged accordingly. For complete cancellation policies, please contact a One&Only Ocean Club Travel specialist directly at 1-866-552-0001.
Advance Purchase bookings are paid in full and non-refundable if canceled or revised.
In case of shortened length of stay, the cancellation policy will apply for the cancelled nights.REFUNDS:
Refunds due to cancellation of your vacation package prior to travel will be processed upon notification (or after return of documents if applicable) and are subject to applicable cancellation charges assessed by One&Only Ocean Club, the resort and/or other travel suppliers. Refund requests must be made by calling One&Only Ocean Club at 1-866-552-0001. Any unused services included in your travel package are not refundable.PROOF OF CITIZENSHIP:
As you will be traveling to another country, you must present proof of citizenship. All guests’ full, legal names and children's ages are required at time of booking Possession of proper documentation is the responsibility of the passenger. Each U.S. citizen needs to present either a valid passport, passport card or WHTI-compliant document. To enter The Bahamas, citizens from countries other than the U.S. and Canada are required to present a valid passport which must be current up to your travel period and some countries are also required to have a Bahamas visa. Consult your local embassy. If you are departing The Bahamas for a country that has the passport validity requirement of six (6) months beyond the dates of travel, then that requirement will be enforced. The passenger's failure to provide such documentation may result in automatic flight cancellation without right to a refund. To learn more about exclusive expedited passport services, including passport renewals and new passport applications for guests of One&Only Ocean Club visit www.americanpassport.com/bahamasCHECK-IN TIMES:
At the airport: To avoid the risk of forfeiture of your seats, you must check in at least two hours prior to flight time. At the resort: One&Only Ocean Club check-in time is 3:00 p.m. If your flight arrives prior to that time, you may want to pack a carry-on bag with your bathing suit and a change of clothes. Changing facilities are provided for guests so you can enjoy the swimming pools and beach shortly after your arrival.AIRPORT TRANSFERS:
If airport transfers are included in your package, a representative of the transfer company noted on your travel plan confirmation will be located outside the baggage claim area. Please plan to depart the resort three hours prior to your scheduled flight's departure time to allow for check in and clearing of United States Customs and Immigration at Nassau International Airport. This is the only security and border crossing check point required. Upon arrival into the US, you will be able to proceed directly to your next destination.ONE&ONLY OCEAN CLUB REGISTRATION:
During guest registration at One&Only Ocean Club, Paradise Island you will be asked to sign a form agreeing to the following terms related to any claims you may have as a result of your stay at the resort: “ I agree that any claim I may have against Kerzner International Holdings Limited, Kerzner International Limited, Kerzner International Bahamas Limited, Atlantis Holdings (Bahamas) Limited, Ocean Club Holdings Limited, Paradise Island Holdings Limited, Paradise Island Limited, Island Hotel Company Limited, and Paradise Enterprises Limited, Harborside at Atlantis Development Limited and Harborside at Atlantis Management Limited, along with their parent, related and affiliated companies at every tier, and the officers, directors, employees, agents, representatives, successors and assigns of each of the foregoing entities resulting from any events occurring in The Bahamas shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and further, irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever. The foregoing shall apply to all persons accompanying me, and I represent that I have the authority to sign this document on their behalf.DOLPHIN CAY RESERVATIONS:
Dolphin Cay Reservations are a service available to all guests of Dolphin Cay at Atlantis, Paradise Island. Reservations are based on availability and can be made anytime prior to arrival. To secure your Dolphin Cay Interaction reservation(s) a valid credit card will be required with full payment due at time of booking. Note: Revisions made 2 days or less prior to travel will incur a $50 revision fee. Payment is non-refundable if cancelled 14 days or less prior to the scheduled event. No-shows are non-refundable (If a participant arrives 10 minutes after the start time, they will be counted as a "no show") Programs will not be cancelled due to inclement weather. For any questions please contact a One&Only Ocean Club Travel Specialist directly at 1-866-552-0001.DOLPHIN CAY RESTRICTIONS:
* Children of all ages are welcome. Infants can participate if held by a parent.
* A parent or appointed guardian must participate in the program with all children under the age of 10.
* Young children must be able to comprehend and follow instructions.
* It is required that special needs participants or those with physical impairment must have a primary attendant present throughout the interaction.
* If you are pregnant and are interested in experiencing a dolphin interaction, please consult your physician.
* Participants must wear swim suits underneath the wetsuit.
* No jewelry may be worn during the programs.
* Guests must understand English or have a translator.
* Swim programs present some potential risk of injury.
* Anyone who restrains, pulls or grabs at a dolphin shall be immediately removed from the program and not permitted to return.
* Participants should not touch the eye, blowhole or genital regions of a dolphin.
* The participants should only touch the animals under the direction of the marine specialist staff.
* Entry to various non-interactive areas is prohibited to visitors.
A person shall not be permitted in any interactive program for any of the following reasons...
* A person is unable to comprehend, or disregards safety instructions.
* A person is under the influence of drugs or alcohol or otherwise similarly impaired. The determination as to the fitness of a person to participate in an interaction will be made solely at the discretion of Dolphin Cay management.
* A person is under the age or height requirement for the specific program.
* A person is unaccompanied and unable to participate alone due to a physical or mental impairment.DINING RESERVATIONS:
Dining Reservations are a complimentary service to all guests of One&Only Ocean Club. Dining Reservations can be MADE 45 DAYS OR LESS PRIOR TO ARRIVAL. To secure your Dining reservation(s) a valid credit card will be required. Note: A fee or $50 per person, per Dining Reservation may be applied to the card below, or added to your hotel charges for any reservation(s) canceled after 2:00pm on the day of the reservation, and for all no shows. For any questions please contact an One&Only Ocean Club Travel Specialist directly at 1-866-552-0001. For more information visit the Dining Plans section of our website.GOLF TEE TIME RESERVATIONS:
Golf Tee Time Reservations are a complimentary service to all guests of One&Only Ocean Club. Golf reservations CAN BE MADE 60 DAYS OR LESS PRIOR TO YOUR ARRIVAL DATE. To secure your Golf Reservation(s) a valid credit card will be required. NOTE: You may be charged up to the full rate of the Greens Fees for any reservation(s) canceled within less than 72 of your scheduled start time or for all no shows. Any fees assessed will be applied to the credit card or added to your hotel charges. For any questions please contact an One&Only Ocean Club Travel Specialist directly at 1-866-552-0001. For more information visit the Golf section of our website.ON-ISLAND ASSISTANCE:
If you need assistance during your stay, stop by the One&Only Ocean Club Concierge Desk located in the lobby or press the concierge button from your room phone.TRAVEL AGENTS - PASSWORDS AND SECURITY:
A travel agent account is required to access certain portions of the Site and/or Services and may be accessed and used only by those authorized persons who are registered with us. To open a travel agent account, you must be a travel agent and complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. In registering for such services, you agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable. Should we suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right, but not the obligation, to suspend or terminate your access to the Site and/or use of the Services and/or seek updated information from you.
You are solely responsible for any and all activities that occur under your travel agent account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized access to your account by others.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you.OPTIONAL TRAVEL INSURANCE:
If you purchased optional travel insurance at the time you made your booking, it will protect you in the event you need to cancel your reservations due to medical reasons. Optional travel protection insurance must be purchased at the time of initial deposit. Please note that this insurance is non-refundable.
PRE-DEPARTURE TRIP CANCELLATION / POST-DEPARTURE TRIP INTERRUPTION - If you have to cancel your trip due to a covered Injury, Sickness or death - your own or that of a Traveling Companion or Immediate Family Member - or for Other Covered Events, as defined, you will be reimbursed up to trip cost for: cancellation charges imposed on travel arrangements provided by One&Only Ocean Club if you cancel before departure; of if you must interrupt your trip after departure, you will be reimbursed for the unused, non-refundable land or water arrangements and the additional transport charges paid to return home or to rejoin your trip (limited to economy one-way airfare or first class, if your original tickets were first class).
TRAVEL DELAY - up to $500 - Provides up to $100 per day (maximum of $500) for reasonable accommodations and traveling expenses until travel becomes possible if you are delayed for more than 12 hours due to a covered reason such as air carrier delay, Injury, Sickness or death of you or your Traveling Companion; quarantine; loss of passport, travel documents or money; or natural disaster.
ACCIDENTAL DEATH & DISMEMBERMENT - up to $25,000 - These benefits are paid if loss occurs within 365 days of a covered Injury which occurs while on your trip.
MEDICAL EXPENSE / EMERGENCY ASSISTANCE - up to $25,000 - Provides reimbursement for reasonable and customary medical expenses incurred within 365 days of a covered Injury or Sickness which occurs while on your trip; emergency dental treatment received during your trip; the costs for emergency transport to home or an appropriate hospital, including escort expense (both, if deemed necessary by the attending Physician) for a covered Injury or Sickness which occurs while on your trip; or the cost of homeward carriage if deceased.
BAGGAGE AND PERSONAL EFFECTS - up to $1,000 - Coverage for direct physical loss or damage to your baggage, passport or visas while on your trip. A $500 maximum limit applies to jewelry, gems, watches, cameras and camera equipment, and furs -- a $250 per article limit applies to all other items. If, while on your tour, your baggage is delayed for 24 hours or more, we will reimburse you up to $100 for the purchase of additional clothing and personal articles.
COVERAGE TERMS AND CONDITIONS - Certain exclusions and limitations apply and are detailed in the Travel Insurance Certificate. For example, coverage does not apply to: any sickness or condition of you, a Traveling Companion or an Immediate Family Member traveling with you that existed during the 60 days prior to the effective date of the coverage's (this exclusion is waived if your premium is received within 7 days of your initial deposit/payment for your trip), suicide, normal pregnancy, war or any act of war, mental or nervous disorders. Other Covered Events, as defined, includes the following events or their consequences: Common Carrier delay due to strike, cancellation of arrangements by an airline due to strike or bad weather; a documented traffic accident while en route to departure; jury duty; destruction of your residence by a natural disaster; a documented theft of passports or visas; or a Terrorist Act which occurs in your departure city or in a city which is a scheduled destination for your Trip provided the terrorist act occurs within 30 days of the Scheduled Departure Date for your Trip; and your premium is received within 7 days of the initial deposit[/payment for your Trip. A Traveling Companion is defined as a person booked to share the same accommodations in the same room with you during your Trip. Sickness is an illness or disease of the body which requires treatment by a Physician. Sickness or Injury must commence while the Travel Protection Plan is in effect for you. This policy does not cover a loss that results from an illness, disease, or other conditions (of you, an Immediate Family Member, Traveling Companion or Business Partner), event or circumstances which occurs at a time when this policy is not in effect for you. This is a brief description of the plan. For further information ask for the Travel Insurance Certificate which fully details the coverage's, provisions, limitations and exclusions of the insurance offered and is available to you, upon request, at any time prior to your purchase of the policy
THIS POLICY IS OFFERED AND ADMINISTERED BY: Trip Mate (In CA, dba Trip Mate Insurance Agency), 9225 Ward Parkway, Suite 200, Kansas City, MO 64114 1-800-888-7292
POLICIES PURCHASED PRIOR TO NOVEMBER 1, 2009 ARE UNDERWRITTEN BY: Stonebridge Casualty Insurance Company, Columbus, OH.
EFFECTIVE NOVEMBER 1, 2009, THIS PLAN IS UNDERWRITTEN BY: United States Fire Insurance Company, Eatontown, NJ
Please inquire at the time of booking for information on the current option travel insurance plan. The optional travel insurance conditions and rates are subject to change without notice.OWNERSHIP OF OUR WEBSITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:
The contents of our Site are intended for the personal use of users of this Site. This Site is owned and operated by Kerzner International Resorts, Inc (the "Company"). All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
Except as expressly provided in this Terms and Conditions, nothing contained herein or on this Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.YOU AGREE NOT TO USE OUR SITE TO:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without our prior express written permission and systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
If we believe that anyone has violated this provision or any other provision of these Terms and Conditions or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person.LINKS TO OTHER WEBSITES:
Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websitesYOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS:
Your dealings with advertisers and third party vendors found on or through our services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.
One&Only Ocean Club and/or its suppliers, in making arrangements for the transportation, accommodations and other services referred to herein, acts only as an agent for the owners and operators of such transportation, accommodations and services or facilities, and its responsibility are limited to that of an agent. The airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. The passage contract in use by the airlines concerned, when issued, shall constitute the sole contract between the airlines and the purchaser of their tours and/or passenger. One&Only Ocean Club Packages and products are provided by PIV, Inc. One&Only Ocean Club and its tour operator do not assume responsibility for errors or omissions within the content of this Site.COMPLIANCE WITH LAWS:
You agree to comply with all applicable laws regarding your use of our Site.MODIFICATION TO OUR SERVICES:
We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services.
INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES:
BY USING OUR SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT:
YOUR USE OF THE OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK. OUR SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR NEEDS.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE AND/OR SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE AND/OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE AND/OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.INDEMNIFICATION:
You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our services, (b) your connection to our Site, (c) your violation of this these Terms and Conditions or (d) your violation of any rights of another party.LIMITATION OF ACTIONS BROUGHT AGAINST US:
You agree that any claim or cause of action arising out of your use of our Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.SELLER OF TRAVEL:
PIV, Inc is a registered seller of travel in Florida ST21665.
Effective Date: May 17, 2010