BOOKINAMERICAS’ GENERAL TERMS AND CONDITIONS
BOOKINAMERICAS EXCLUSIVE TRAVEL TERMS & CONDITIONS
THESE TERMS AND CONDITIONS SHALL GOVERN THE SALE OF PRODUCTS AND SERVICES BY AND BETWEEN BOOKINAMERICAS (“BOOKINAMERICAS”) AND YOU (“CUSTOMER”). BY ACCESSING BOOKINAMERICAS’S WEBSITE, CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
- Applicability. All bookings made through BookInAmericas are subject to the terms and conditions stated herein.
- Rates. All rates quoted are confidential, net non-commissionable, in U.S. Dollars and include all applicable taxes. Until a booking is confirmed by the Service Provider, rates are subject to increase due to factors beyond BookInAmericas’s control, including, but not limited to, tax increases, previously unknown blackout dates, holidays, and/or special events. BookInAmericas reserves the right to change rates as a result of the foregoing. Customer shall not be entitled to any refund or rebate in the event that BookInAmericas’s rate is higher than a Service Provider’s official rack rate. As used in these Terms and Conditions, the term “Service Providers” shall mean the hotels, restaurants, tour operators, shows, and other unaffiliated third parties for whose services BookInAmericas provides booking access through BookInAmericas’s website and/or XML link.
- Booking Errors. BookInAmericas reserves the right to cancel any booking due to clerical or technical errors beyond BookInAmericas’s control, including, but not limited to, misinformation provided to BookInAmericas by a Service Provider. In the event that a booking is canceled pursuant to this Section 3, BookInAmericas shall refund all monies paid for the affected booking.
- Canceled Inclusions. BookInAmericas is not liable in the event that, after booking confirmation, a Service Provider cancels a service that was to be included (e.g., breakfast). No refunds will be given in the event of any such cancellation or non-use by the guest.
- No Agency. BookInAmericas is an independent, third-party and is not an agent of, joint venture with, or partner in any capacity with the Service Providers. BookInAmericas does not own, control, or manage any Service Provider, hotel, restaurant, car service, theater, or other establishment. Furthermore, nothing contained in these Terms & Conditions, or through access and use of BookInAmericas’s website and/or XML site, may be construed as creating any agency, partnership, or joint venture relationship between BookInAmericas and Customer.
- No Liability. BookInAmericas shall not be liable for, and Customer releases BookInAmericas from any and all liability for injury, damages, or losses, arising from or related to the actions of a Service Provider. BookInAmericas recommends that Customer’s and/or their end-user guests purchase appropriate insurance.
- Service Provider Withdrawal. In the event that a Service Provider withdraws from BookInAmericas, BookInAmericas will notify Customer and suggest an adequate replacement. BookInAmericas shall not be liable for any such withdrawal.
- Force Majeure. BookInAmericas shall not be held responsible for the consequences of Acts of God, fire, severe weather conditions, unavoidable accidents, theft, labor disputes, public commotion, war, or any other circumstance beyond BookInAmericas’s control.
- Special Policies and Bookings. For any special bookings, including, but not limited to, triple and quad occupancies, children policies, wedding packages, sightseeing tours, national park accommodations, etc., the individual booking policies of the Service Provider shall apply and govern. Please see individual Service Provider terms and conditions for full details.
- Business-to-Business; Leisure Travel Only. Any distribution, disclosure, or other offer of BookInAmericas’s rates to third party business-to-consumer distribution channels will result in the immediate cancellation of Customer’s rights to access BookInAmericas’s website. BookInAmericas’s rates and inventory are restricted to leisure FIT travel only and not applicable for business, group, or other types of travel. Customer acknowledges and agrees that any breach of this Section 10 may result in any or all of the following:
- Service Providers may levy additional charges for group cancellations or otherwise; and
- (ii) BookInAmericas shall have the right to cancel any bookings in its system if they appear to be for travel other than leisure FIT travel. BookInAmericas’s normal cancellation policies shall apply to any booking canceled pursuant to this Section 10.
- Changes to Confirmed Bookings. BookInAmericas reserves the right to deny any kind of change or modification to an existing booking. No change to a booking shall be effective until Customer received written confirmation of the change from BookInAmericas. Customer acknowledges and confirms that individual Service Providers’ cancellation policies may change over time and Customer bears full responsibility for any cancellation charges that may apply at the time of cancellation even if they differ from those at time of booking. Please refer to the individual Service Providers’ change and cancellation policies. In addition to any fees assessed by a Service Provider, a fee of Twenty-Five U.S. Dollars ($25.00) will be charged by BookInAmericas for any changes that BookInAmericas is requested to make to an existing booking.
- Complaints. All complaints by Customer’s clients should first be addressed to the individual Service Provider at the time of incident. If it is not resolved, they should then be brought to Customer’s attention and also to BookInAmericas’s attention. BookInAmericas will use commercially reasonable efforts to resolve the complaint at the time of incident. In the event BookInAmericas is unable to resolve it, any further correspondence on the matter should be addressed to BookInAmericas within thirty (30) days of completion of travel. Customer should include BookInAmericas’s contact information with all documentation provided to Customer’s clients. When disputing a cancellation policy, fee, or reservation, please ensure that all applicable backup is provided with the dispute. Research should be conducted prior to contacting BookInAmericas. Customer may conduct the research by extracting the applicable policies from BookInAmericas’s website or locating it within the static data export for xml, generated closest to the actual booking date. If it is believed that a policy or charge is incorrect, exact policy details referenced are required with the dispute. BookInAmericas will not accept a dispute if adequate backup is not submitted to support the claim.
- Cancellation and No-Show Policies. For all cancellations, BookInAmericas’s reservation department will fax or email you a cancellation confirmation acknowledging receipt of Customer’s cancellation request. No cancellation shall be effective unless and until Customer has received a cancellation confirmation. In the event a Customer’s end user cancels directly with a Service Provider, Customer shall be responsible for any and all charges that BookInAmericas may incur as a result. BookInAmericas’s Service Providers include a number of unique properties with very limited room capacity, which results in a variety of cancellation policies. Please refer to the cancellation policies of the individual Service Providers for specific details, including, but not limited to, Service Providers for hotels, shows, tours, weddings, golf, and other activities. BookInAmericas reserves the right to charge additional cancellation fees for particular bookings or bookings during holidays or special events. Any such special cancellation fees shall be disclosed at time of booking. A “No Show” by the Customer’s end user shall be considered a cancellation without notice and without acknowledgment or authorization by BookInAmericas under this Section 14 and shall result in the imposition of cancelation fees by the affected Service Provider and hereunder up to one hundred percent (100%) of the reservation cost.
- Direct Billing Policies. This Section 15 shall only apply to those Customers who have established a floating deposit (“Deposit”) or Letter of Credit (“LOC”) with BookInAmericas and who have signed BookInAmericas’s Payment Terms Agreement in connection with BookInAmericas’s Direct Billing program. All direct billing invoices shall be due no later than thirty (30) days after guest arrival, provided that the amount of the Deposit or LOC is sufficient to cover the balance of all pending invoices. In the event the Deposit or LOC is insufficient to cover the balance of all pending invoices, BookInAmericas reserves the right to suspend Customer’s participation in BookInAmericas’s Direct Billing Program, (ii) require prepayment per the terms of Section 16 below; and/or (iii) require an immediate increase in the amount of the Deposit or LOC. All service fees charged to BookInAmericas by credit or financial institutions for wire transfers, check deposits, and/or establishing an LOC are Customer’s sole responsibility and will be billed back to Customer. In the event of any conflict between this Section 15 and a Customer’s Payment Terms Agreement, the terms of the Payment Terms Agreement shall govern.
- Prepayment Required. This Section 16 shall only apply to Customers not enrolled in BookInAmericas’s Direct Billing program, or for those Customers whose direct billing privileges have been suspended per Section 15 above. Full payment for any booking is required twenty-one (21) days prior to the guest’s arrival date. Bookings for which the cancellation policies are greater than twenty-one (21) days and/or are booked within the cancellation penalty period, will require immediate full payment and will be non-refundable. It is Customer’s responsibility to be fully aware of the cancellation policy for each booking. Any booking for which payment is not received within the required time period will be cancelled and any applicable fees will apply.
- Payment Information. All payments are due in U.S. Dollars.
- Amendments.These Terms and Conditions are subject to change without notice to Customer. Customer’s continued access and use of BookInAmericas’s website and/or XML link shall constitute and be construed as Customer’s continued and ongoing agreement to these Terms and Conditions. No change to these Terms and Conditions shall be effective unless officially authorized in writing by a duly authorized BookInAmericas executive.
- Governing Law; Dispute Resolution; Venue; Attorneys’ Fees. These Terms and Conditions shall exclusively be governed by the laws of the State of Nevada except where preempted by the laws of the United States of America. In the event of any dispute or controversy arising hereunder, BookInAmericas and Customer agree to first negotiate in good faith to try to resolve any such dispute, including, but not limited to, having a face-to-face or video conference meeting. In the event that such dispute cannot be informally resolved between BookInAmericas and Customer, BookInAmericas and Customer agree that venue for any action arising hereunder shall exclusively be in the Nevada state court having jurisdiction over Las Vegas, Nevada. Customer agrees to the jurisdiction of said court and waives any arguments regarding forum non conveniens and the like. The prevailing Party shall be entitled to recover from the other all necessary expenses and reasonable attorney’s fees incurred, in addition to any other relief to which it is entitled. The prevailing party shall be determined by the trier of fact based upon an assessment of which party’s major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other party’s major arguments or positions on major disputed issues. Additional attorneys’ fees may be awarded the prevailing Party in any appellate action taken after an initial decision on the merits.
- Severability. If any provision of these Terms and Conditions or the application thereof shall, for any reason, be ruled by an arbitrator or Court having proper jurisdiction to be invalid or unenforceable, the remainder of these Terms and Conditions and the application of such provision to other persons or circumstances shall be interpreted so as best to reasonably effect these Terms and Conditions.
- No Waiver. No failure by BookInAmericas to require Customer’s strict performance of any provision of these Terms and Conditions at any time shall be deemed a waiver of such provision nor shall it affect BookInAmericas’s right thereafter to enforce and require strict compliance with each and every provision herein.
- No Third Party Rights. No provision of these Terms and Conditions is intended nor shall be interpreted to provide or create any third party beneficiary rights. All provisions hereof shall be solely between and for the benefit of BookInAmericas and Customer.