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All material copyright 1997-2013 ABS Travel & Tours, a subsidiary of Action Business Services Group, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without prior written consent.
General Rules and Information:
Certain areas of the Site may be governed by additional, more specific agreements to which you must agree before using those areas of the Site. The specific agreements and this general agreement shall apply equally. In the event of any irreconcilable inconsistency between a provision of a specific agreement and this Agreement, the specific agreement's provision shall apply.
If you are not at least 18 years old you may not use the Site without adult supervision. You warrant that you are at least 18 years old.
Your Acceptance of This Agreement:
By entering the Site you accept and are bound by this Agreement without limitation, qualification or change. You may not use the Site in any way that involves failure to abide by any term or condition of this Agreement.
If you have comments regarding the Site or this Agreement, you may Contact us. You must send any official correspondence via postal mail to:
AGREEMENT BETWEEN CUSTOMER AND ABS Travel & Tours.
Welcome to the ABSTravel.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", "ABS Travel and Tours" and "ABS Travel" refer to Action Business Services Group, Inc., a Florida corporation and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. Before, we may process your tickets, we may require for you to sign and return a credit card authorization form, along with copy of your passport or government identification, and copy of your credit card (front and back). If, in the case that we do send you a credit card authorization form, and you fail to return it, decline to return it for any reason, or we do not receive it, and/or you cancel the reservation we may in the future, decline to issue any tickets under your name(s). In cases were we decline to issue tickets for you, you are always free to purchase tickets with any other travel provider.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an ABSTravel.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Changes to This Agreement:
ABS Travel reserves the right to change this Agreement at any time. By continuing to use the Site after a change is made, you accept and are bound by the modified Agreement. Only ABS Travel may alter this Agreement.
Termination of this Agreement:
This Agreement is effective until ABS Travel terminates it. If at any time you determine that you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the Site and destroy all materials and copies of materials obtained from the Site.
If ABS Travel determines that you have not complied with any party of this Agreement, it may terminate your access to the Site and any services provided by the Site. Any termination of this Agreement removes your authorization to access or use the Site and requires you to destroy all electronic or other materials and copies of such materials obtained from the Site. However, in the event of termination, you will still be bound by your obligations under this Agreement including the warranties made by you, and by the disclaimers and limitations of liability.
Use of Intellectual Property:
The Site and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, and other software (collectively "Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by ABS Travel or the party credited as the provider of Intellectual Property. Additionally, the Site itself is protected by copyright as a collective work and or compilation.
You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property, or the Site itself, in whole or part, except as expressly provided in this section of the Agreement.
You may browse the Site and download one copy of occasional materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark, and other notices contained in this one personal copy. You may not distribute, or otherwise make available to others, this one personal copy. You may not save or archive a significant portion of the material appearing on this Site.
The names ABSTRAVEL.com, ABSTRAVEL.net, ABSTRAVEL.org, RESERVACIONES.com, ABSTRAVELANDTOURS.com, ABS-TRAVEL.net, and ABS-TRAVEL.org are trademarks, tradenames and service marks of ABS Travel.
Third party names and marks used in this website are the property of their respective owners.
In addition to, and without diminishing any other provision of this Agreement, ABS Travel assumes no responsibility for financial or securities information provided on the Site. You hereby acknowledge that you rely on any financial or securities information received on or through the Site at your own risk.
You warrant that you will not engage in stock manipulation, illegal proxy solicitation, or any other activity contrary to local, state, or federal law, the regulation of the U.S. Securities and Exchange Commission, or any foreign law or regulation.
ABS Travel will not be liable to you or any third party for any consequential, incidental, special or indirect damages, including but not limited to lost profits, trading losses and damages that may result from inconvenience, delay, or loss of the use of information, even if ABS Travel is advised of the possibility of such damages.
Access to and use of the Site is currently available without charge. ABS Travel reserves the right to charge a fee for access to the Site, use of the Site or access to or use of parts of the Site or services available on the Site at any time in the future. Your access to or use of the Site before this time does not entitle you to use of the Site without charge in the future.
ABS Travel reserves the right to charge a fee for all reservations made through its booking engine. Such fees will be posted when making the reservation.
Forum Selection and Litigation:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of California, and exclusive venue in the federal and state courts located in and serving Los Angeles County, California as the legal forum for any cause of action arising out of this Agreement.
If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect.
You agree to file any cause of action with respect to this Agreement and your rights and obligations in Pacific Palisades, Los Angeles County, California within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
ABS Travel is committed to respecting the privacy rights of visitors to any of the ABS Travel web sites. While visiting ABS Travel web sites (collectively, the "Site"), we may ask you to register and/or provide information that personally identifies you ("Personal Information") for purposes of interacting with the Site. To further the protection of your Personal Information, ABS Travel has adopted a set of information management guidelines (outlined below) which serve as the basis for our customer and advertiser relationships. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page. Please see the Effective Date stated at the conclusion of this Policy.
Context information can be found at http://abstravel.com/privacy.shtml
What are Cookies? There is a technology called "cookies" which can be used to provide you with tailored information from a web site. A cookie is an element of data that a web site can send to your browser, which may then be stored on your system. This element of data is a piece of text, not a program. The Site can only access the information from a cookie sent by the Site. We cannot access other cookies sent by other web sites or the information contained therein. Additionally, we cannot learn your email address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically submit that information to us, for example, through our registration system, by entering a sweepstakes or promotion, etc.
May I decline to accept a cookie? On those pages of the Site that do not require registration, you may decline to accept cookies sent by the Site by selecting an option on your browser to reject cookies. However, some portions of the Site may require registration in order to access those areas. In such case, we ask that you register and provide us with basic information on our registration page. Cookies enable our server to know that you are a registered user; therefore, our registration system requires that you accept the cookies from the Sites. Other sites linked to the Site may also send cookies; however we do not control such activities.
What happens with the information collected in a cookie? We use an advertising server developed by a third party to display ads on the Site. Some of these ads may contain cookies that are set by third parties (i.e. advertising agencies or advertising clients). We do not have access to these cookies or any information that they may contain; please contact the advertiser for more information on these cookies. Contextual information may be obtained at http://abstravel.com/privacy.shtml .
IP Addresses: ABS Travel does log IP addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes.
Your IP address is: 188.8.131.52
Your unique Internet Provider connection is: (none)
Use of Personal Information
ABS Travel may match aggregated user information with third party data. Also, ABS Travel discloses aggregated user statistics in order to describe our services to potential advertisers, partners and other third parties, and for other lawful purposes. Additionally, ABS Travel will use reasonable efforts to ensure that only our employees with a "need to know" will have access to your information. We do not release personal information about you as an individual to third parties.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
Links to Other Materials
If any link is offered connecting you to a third party web site, it is as an accommodation to the respective third party site owner and without charge. Third party sites linked to and from the Site are not necessarily under the control of ABS Travel. ABS Travel shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. ABS Travel does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. ABS Travel hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties.
ABS Travel cares about the safety of children and their use of the Internet. Therefore, in accordance with the Children's Online Privacy Protection Act of 1998, we will never knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical.
We have no special knowledge regarding foreign entry requirements, unsafe conditions: health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any flight or tour. For foreign entry requirements, go to http://travel.state.gov/travel. For State Department travel advisories, call (202) 647-5225 or go to http://travel.state.gov/travel. For foreign health requirements and dangers, call (877) FYI-TRIP or go to http://www.cdc.gov/travel/index.htm. You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
For your protection, we strongly recommend that you purchase trip cancellation insurance or go to http://abstravel.com/travel_insurance for more information.
Airline Responsibility and Liability
The sole and exclusive responsibility and liability of any ARC and IATA carrier used , shall be in accordance with and as limited by the contract of carriage in the passenger's ticket when issued, the applicable tariffs, and the provisions of the Warsaw Convention, if applicable. Any carrier used shall not be responsible or liable for any act, omission, or occurrence during the time passengers are not on board its airplanes. All tours, services, and transportation (other than air) are furnished by contractors that are independent and that do not act for or on behalf of the carrier, nor are servants of the same, and neither do they have any business relationship, as joint ventures or otherwise.
Further, the carrier shall not be responsible or liable in any way for the accuracy of any representations of the tour operator and its agents on tours or tour services other than those contained in the tour brochures or tour itineraries. Carrier liability for passenger's baggage is clearly stated on the passenger contract included on all tickets or can be found on file for inspection at the offices of the carrier. Liability for checked and unchecked baggage shall in no event exceed the actual loss incurred by the passenger, subject to proof of the amount of the loss.
Overbooking of Flights
Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for a payment of the airline's choosing. If there are not enough volunteers the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions persons denied boarding involuntarily are entitled to compensation.
The complete rules for the payment of compensation, each airline's boarding priorities, and CONDITIONS OF CONTRACT are available at all airport ticket counters and boarding locations.
Some airlines do not apply these consumer protections to travel from some foreign countries, although other consumer protections may be available. Check with the airline.
Some carriers require reconfirmation of your reservations. Contact the transporting air carrier for the applicable requirements.
RESPONSIBILITY: Action Business Services Group, Inc., ABS Travel & Tours, and/or agents and officers shall act only as agents for the suppliers in selling travel related services, or in accepting reservations or bookings for services that are not directly supplied by this travel agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). This travel agency, therefore, shall not be responsibility for breach of contract or any intentional or careless actions or omissions on part of such suppliers, which result in any loss, damage, delay, or injury to you or your travel companions or group members. Unless the term "guaranteed" is specifically stated in writing on your ticket, invoice, or reservation itinerary, we do not guarantee any of such suppliers' rates, bookings, reservations, connections, scheduling, or handling of personal effects. This travel agency shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social, or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent's control. Traveler assumes complete and full responsibility for, and hereby releases this travel agency from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations, during the length of the proposed travel. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department. For medical information, call the Public Health Service. By embarking upon his/her travel, the travelers voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of such risks, and is advised to obtain appropriate insurance coverage against them. Traveler's retention of tickets, reservations, or bookings after issuance shall constitute a consent to the above, and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members. Proof of identity is required for international travel. Without proper identification, a passport and necessary visas you will not be permitted to depart. It is your responsibility to verify your necessary travel documents. WE STRONGLY RECOMMEND TRAVEL INSURANCE.
Due to the nature of expeditions, tour packages, excursions and/or other services provided; weather, acts of God, government, and/or airline regulations may require changes to be made to the itineraries and/or the cancellation of certain excursions or add-ons. Every attempt will be made to adhere to the itineraries described within the limits of safety and time.
In the event of changes, passengers have no right to any refund or other compensation, for these tours, excursions, accommodations and/or transportations, except were provided by the particular providers of said services. Expedition, excursions, and/or tour fees are based on group participation.
Should you choose not to take part in any activity or make use of services provided, no refund will be made.
Passport and Visas
U.S. citizens traveling outside the U.S. must be in possession of a valid passport. Non-U.S. citizens must check with the appropriate consulate/ immigration office for necessary documents and must obtain them accordingly. A visa may also be required.
Requirements may change so we recommend that you verify any immigration and/or vaccination requirements with the tourists office or consulate before you travel.
It is the passenger(s) responsibility to obtain any and all documents required for travel, including, but not limited to valid passports, exit and/or entry/re-entry visas, and any other documents required by the respective immigration officials of the country/ies you are to visit and/or return to, as well as any required and/or needed vaccinations prior or after your travel.
Cancellations and Refunds
These charges are in addition to any airline, cruise line, hotel, car rental and/or tour operator imposed charges.
All refunds are subject to the following cancellation charges from ABS Travel & Tours:
General Limitation of Liability; Disclaimer of Warranties:
Your use and browsing of this Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, ARE PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ABS TRAVEL DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OF ANY KIND FOUND ON THE SITE. YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK.
ABS TRAVEL, ITS SUBSIDIARY AND PARENT COMPANIES, AFFILIATES AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, INCLUDING BUT NOT LIMITED TO ABS TRAVEL'S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, EVEN IF YOU HAVE ADVISED ABS TRAVEL IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT AMADEUS NORTH AMERICA LLC AND ITS AFFILIATED COMPANIES ("AMADEUS") PROVIDES THE AMADEUS SYSTEM AND ANY AMADEUS PRODUCTS OR SERVICES ON THIS WEB SITE TO YOU "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING , WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY OR FREEDOM FROM VIRUSES OR ERRORS WITH RESPECT TO THE AMADEUS SYSTEM AND ANY AMADEUS PRODUCTS OR SERVICES; AND IN NO EVENT SHALL AMADEUS OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU FOR ANY DAMAGE OF ANY KIND ARISING IN ANY WAY FROM YOUR USE OF INFORMATION ON THIS WEB-SITE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO MAKING TRAVEL RESERVATIONS. IF, NOTWITHSTANDING THE FOREGOING, AMADEUS OR ANY THIRD PARTY PROVIDER SHOULD BE FOUND LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE ABOVE DESCRIBED FUNCTIONS OR YOUR USE OF THIS WEB SITE, AMADEUS AND ANY THIRD PARTY PROVIDER'S LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF A) ANY SUBSCRIPTION FEE OR CHARGE FOR ACCESSING THIS WEB SITE OR B) US$100.
If, despite the limitation above, the Action Business Services Group Companies, the ABS Travel Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Action Business Services Group Companies, the ABS Travel Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to ABS Travel in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Action Business Services Group Companies, the ABS Travel Affiliates, and/or their respective suppliers.
ABS Travel is not responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of the Site or any sites to which the Site provides hyperlinks ("links").
The Site includes links to other Internet sites, both related and unrelated to the Site, that may be of interest to users. The presence of a link to a third party site does not constitute or imply ABS Travel's endorsement, sponsorship, or recommendation of the third party or of the information or products contained on the site. ABS Travel does not monitor or control any linked sites and is not responsible for their content or availability.
You agree to defend and indemnify the Action Business Travel Group Companies, the ABS Travel 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 third parties as a result of:
Registered Seller of Travel
ABS Travel & Tours is registered as a seller of travel in each of the states listed below:
Registration as a seller of travel in California does not constitute the state's approval.
RIGHT OF CALIFORNIA CUSTOMER TO MAKE CLAIM ON THE CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND
This business is a participant in the Travel Consumer Restitution Corporation (TCRC). You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000.
Purchases of travel products from outside of California are not covered by the California Travel Consumer Restitution Corporation.