AGREEMENT BETWEEN CUSTOMER AND First Business Flights Inc AKA FIRSTBUSINESSFLIGHTS.COM
Welcome to the firstbusinessflights.com website (collectively with all our websites, the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making reservations or otherwise transacting business with travel suppliers, and for no other purposes except as otherwise approved by us. The terms “we”, “us”, “our”, the “Company” and ” firstbusinessflights.com ” refer to First Business Flights Inc, a California limited liability company. 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. TO THE EXTENT YOU BOOK ANY TRAVEL PRODUCTS OR SERVICES ON THIS WEBSITE OR THROUGH OUR CALL CENTER AGENTS, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR MAKE BOOKINGS THROUGH THIS WEBSITE OR OUR CALL CENTER AGENTS. 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. AIRLINE RULES, ITINERARY CHANGES, AND PRICE CHANGES.
Airline tickets are subject to the published conditions of carriage and rules, including but not limited to cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time – schedule changes can result in an itinerary that falls outside of contractual agreements. Airlines may also in their discretion change or cancel flights or itineraries.
In the event of a flight cancellation while at the airport, please see the airline ticketing counter or gate representative, as they have the most power to change your itinerary to the next available flight or accommodate you per the airline rules. This is the fastest way to get you on the next flight out.
If your ticket is not honored for any reason, please contact your agent immediately. In most cases we can confirm your flight is authorized with the airline, and you will be on your way. In other cases, we will replace your ticket with an acceptable alternative of equal value or more within 24 hours. Your ticket is guaranteed up to the amount paid for the ticket, and firstbusinessflights.com will replace your ticket within 24 hours or offer a full refund, or provide other alternative options within 24 hours.
Frequent Traveler Points: Frequent traveler awards (miles, points etc.), upgrades, certificate vouchers and other discounts or incentives may not apply while booking flights, hotel, or other travel services. Please discuss this with your agent for more information.
Taxes and Fees: Advertised airfares and hotel prices are inclusive of all taxes and fees. However, because a supplier may separate taxes and fees, you may see charges on your credit card from both firstbusinessflights.com and these suppliers. Please contact your agent for additional information if you have questions.
CANCELLATION AND REFUNDS
If you need to cancel your ticket for any reason, please contact your agent for a Cancellation Form and to review your options. Cancellation and refund terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select from both airline and hotel suppliers. Please read these terms and conditions carefully on the airline or hotel or other accommodation providers websites.
Take special note that airline tickets and hotel accommodations and all service fees are not refundable. Changes are permitted up to 48 hours from time of departure; cancellation and refunds are up to 72 hours from time of departure. However, there will be a minimum of $300 per person processing fee plus any applicable fees charged by the carrier/provider upon cancellation. Fees will vary depending on the provider’s terms and conditions. You will not receive a monetary refund when canceling. Instead, you will receive a credit (less any airline/hotel fees) towards a future ticket purchase on long haul international flights of equal or greater value, which will be valid for up to twelve (12) months from your original date of purchase.
VOID OF CONTRACT – CANCELLATION OF FLIGHT(S)
At any time should, you the customer attempt to file a chargeback or dispute the charges agreed upon with your credit card company, bank, paypal and/or financial institution used to make a payment, your itinerary will be canceled and your flight will be voided. In addition, any credit in terms of dollar amount or flights you have with us will be voided as well whether or not the ruling from the dispute was in your favor.
If you miss your flight, go to the airline counter immediate or call your agent if you are not near the airport. Missed flights are not refundable, and changes or replacement flights will be at the discretion of the airline supplier. In some cases we may be able to help you, but in most cases you will not be provided with a replacement flight unless the airline itself allows it. Contact the airline counter, or call your agent ASAP.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from both airline and hotel suppliers. Please read these additional terms and conditions carefully on the airline or hotel or other accommodation providers websites. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some airline or hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your travel. Such deposit is unrelated to any payment received by firstbusinessflights.com for your booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. firstbusinessflights.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at
www.state.gov,www.tsa.gov,www.dot.gov,www.faa.gov,www.cdc.gov,www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, FIRSTBUSINESSFLIGHTS.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, THE COMPANY AND THE COMPANY AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC…). IN ADDITION, FIRSTBUSINESSFLIGHTS.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE COMPANY, THE COMPANY AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE COMPANY, THE COMPANY AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE COMPANY, THE COMPANY AFFILIATES, AND 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 OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY OR THE COMPANY AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY, THE COMPANY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANY, THE COMPANY AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY, THE COMPANY AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR THE COMPANY AFFILIATES. THE COMPANY AND THE COMPANY 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 THE COMPANY AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJOR OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE COMPANY, THE COMPANY 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, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY, THE COMPANY AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, the Company, the Company 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 Company, the Company Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to firstbusinessflights.com 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 Company, the Company Affiliates, and/or their respective suppliers.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend and indemnify the Company, the Company Affiliates, and/or their respective suppliers and any of their officers, managers, members, 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 legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of the Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than firstbusinessflights.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites
BANK AND CREDIT CARD FEES
Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bankcard statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since firstbusinessflights.com may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2013 First Business Flights Inc All rights reserved. Firstbusinessflights.com is not responsible for content on websites operated by parties. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT & COUNTER-NOTIFICATION
Firstbusinessflights.com is a member of several travel trade associations, and may be authorized to use certain trademarks, logos, and other copyright or trademarks in accordance with the following associations: ARC, ASTA, BBB, IATA and others. For a full list email firstname.lastname@example.org. Those copyrights and trademarks remain the property of their respective owners.
Firstbusinessflights.com respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.
Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email
to email@example.com. for the fastest resolution.
You may also send us your notice using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
433 Airport Blvd. Suite 128
Burlingame, CA 94010
we will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. fair use doctrine.
This Website is operated by a U.S. entity and the laws of the State of California, USA, govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, USA, in all disputes arising out of or relating to the use of this Website, Flight Bookings, Contractual Agreements. Use of this Website and/or company for flight bookin is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Notwithstanding the first sentence of this paragraph, (but without limiting, and you hereby acknowledge and agree to, our right to seek injunction or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to this Agreement (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Mateo County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
You agree that no joint venture, partnership, or employment relationship exists between you and firstbusinessflights.com as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and firstbusinessflights.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and firstbusinessflights.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement is not assignable, transferable or sub licensee by you except with our prior written consent. firstbusinessflights.com may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
First Business Flights Inc is a registered seller of travel - CST #: 2115379-50
For quick answers to your questions call your agent, or our main # at 1-800-804-0821, or email firstname.lastname@example.org.
Attn: Customer Service
433 Airport Blvd. Suite 316
Burlingame, CA 94010
First Business Flights Inc All rights reserved.