Agreement between BookIt.com and Guest, regarding use of Website, and Travel Arrangements.
Use of the website BookIt.com and affiliated websites (the “Website”) is conditional upon the terms and conditions set forth in this Agreement. The terms “we”, “us”, “our”, and “BookIt.com” refer to BookIt.com, Inc., a Florida corporation. The term “you” and “your” refers to any customer visiting the Website or using the Website to book a reservation through us. This Agreement describes your responsibilities as a user of this website and limits the liability of BookIt.com and other third party suppliers of travel related services provided or offered on the Website, including but not limited to airfare, hotel, car rental and other voucher reservation services (collectively referred to herein as “Third Party Suppliers”).
User Representations and Warranties
Third Party Supplier Rules
In addition to the terms and conditions set forth herein, Third Party Suppliers may impose terms or conditions, including, but not limited to, payment terms and rules and restrictions regarding availability and use of fares, products and services. Accommodations are specified in the accommodation section of the Website or as provided separately by the Third Party Supplier. By electing to deal with a Third Party Supplier through the Website, whether or not selected by you or by BookIt.com, you agree to abide by the terms and conditions of purchase imposed by the Third Party Suppliers and that any violation of those terms may result in cancellation of your reservation or purchase, in denial of access to products or services, in forfeiture of any monies paid for such products or services, and in BookIt.com debiting your account for any costs we incur as a result of such violation. You may be able cancel or change a prepaid hotel reservation in accordance with the terms of the relevant individual hotel cancellation policy, which usually allows changes and/or cancellations by providing between 24 to 72 hours’ notice prior to your check-in date. You acknowledge that some hotels do not permit changes to or cancellations of reservations after they are made and you agree to pay any cancellation charges or change fees that may apply. Alternative accommodations of a similar standard may be offered in the event the Third Party Supplier overbooks their property or for any reason beyond our control.
Hotel, airline, car rental, cruise and other travel service providers’ cancellation policies, terms and conditions of purchase, and rules and restrictions regarding availability and use of fares, products and services may vary. You are solely responsible for checking the cancellation policies, terms and conditions of purchase, and rules and restrictions of the Third Party Suppliers.
Pricing Error Policy
While BookIt.com endeavors to publish and maintain accurate prices and information for the services offered on the Website, Third Party Suppliers may change prices for their products or services without notice. It is your responsibility to contact us regarding any changes or variations to the information provided on the Website, which will allow us to advise you or your agent of any such changes we are aware of either before you book your reservation or prior to your departure. BookIt.com is not responsible if a product or service is provided to BookIt.com at an incorrect price or with incorrect information, whether due to typographical or other error and we reserve the right to refuse or cancel any of your requests and/or reservations even if the order has been confirmed and/or your credit card has been charged. If your credit card has been charged for a booking and the booking is cancelled because of incorrect information provided by a Third Party Supplier, we will issue a credit to your credit card in the amount of the charge for that booking. In the event BookIt.com corrects any pricing errors on pending reservations made on the Website under an incorrect price, you will have the opportunity to keep your pending reservation at the correct price, or, at your own option, you may cancel your reservation without penalty.
Charges, Taxes and Fees
BookIt.com operates as a travel agency and provides reservation booking services for airline, hotel, rental car, cruise, voucher and other travel related services. You acknowledge that we may charge a service fee in exchange for the services we provide. Our service fees may vary based on the amount charged to you and the type of services we provide. Any such service fee is non-refundable. In addition, you are responsible for all other charges and fees arising out of your use of the services provided on the Website.
You acknowledge that we may pre-negotiate certain rates with hotels to facilitate the booking of reservations on your behalf. When you book a hotel through the Website, you agree to pay and you authorize us to charge your credit card for the total reservation price, which includes the room rate and the “Tax and Service Fees” displayed on the Website. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms you reserve and the service fee retained by BookIt.com to compensate us for providing our services. The “Tax and Service Fees” amount includes the estimated transaction taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.), governmental fees and other charges that the hotels must remit to the government for your hotel reservations. The actual amounts remitted by BookIt.com to the hotel suppliers may vary depending upon the rates, taxability, or other factors. In addition, the “Tax and Service Fees” includes a processing service fee we charge and retain in exchange for processing your travel reservation. By submitting a reservation request, you authorize us to facilitate your hotel reservation, including making payment arrangements with the hotel suppliers. We are not a vendor collecting and remitting taxes to the applicable taxing authorities. All taxes are remitted to the applicable Third Party Suppliers and we are not a co-vendor associated with the vendor with whom we book or reserve customer’s travel arrangements. The type of tax charged by a particular Third Party Supplier will vary depending upon the type of service and the location of the Third Party Supplier or their services.
All prices shown on the Website are in United States Dollars unless otherwise indicated. All rates provided on the Website are subject to change without notice.
TERMS AND CONDITIONS OF BOOKING
- We operate as a travel agency and service provider. We may charge a fee for the service we provide when you use the Website when you book or reserve travel services, or accommodations. We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the amount and type of travel reservation. Any such service fee is non-refundable. In addition, you will be responsible for all other charges and fees arising out of your use of the services available from the Website.
- We are not the vendor collecting and remitting tax to the applicable taxing authorities. All taxes are remitted directly to the vendors. We are not the owner of, nor a co-vendor with, any of the travel partners available on the Website. The type of tax charged by the vendor will vary by service and location.
- A user making a booking books reservations for the total reservation price which includes the room rate and "Tax and Service Fees" displayed on the Website. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms you reserve and the fee retained by BookIt.com to compensate us for our services. The "Tax and Service Fees" amount includes the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.), governmental fees and other charges that the hotels must remit to the government for your hotel reservations. The actual amounts remitted by BookIt.com to the hotel suppliers may vary depending upon the rates, taxability, or other factors. In addition, the "Tax and Service Fees" amount includes a processing service fee we charge and retain in exchange for processing your travel reservation. By submitting a reservation request, the user is authorizing us to facilitate the user's hotel reservation, including making payment arrangements with hotel suppliers.
- User may cancel or change their prepaid hotel reservation in accordance with the individual hotel cancellation policy, usually 24 to 72 hours prior to your date of arrival. Some hotels do not permit changes to or cancellations of reservations after they are made (see individual hotel cancellation policy). User agrees to pay any cancellation charges or change fees that may apply.
- Accommodations are as specified in the accommodation section of the Website or as told by our travel agents. All costs are shown in United States Dollar, unless otherwise stated. Alternative accommodations of a similar standard may be offered in the event that the supplier overbooks their property or for any reason beyond our control. All rates are subject to change without notice.
- We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those service providers in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
- Ratings - All of the ratings and reviews of hotels, resorts, destinations or activities are proprietary to our methods of review and not based on any independent agency review. In many cases the level of review is a "star" rating, whereby more stars equals a higher rating. We do not guarantee the accuracy of the ratings and make no guarantee about the availability of specific products and services that may be offered. We strongly recommend that prior to any booking each user do their own independent review of any hotel, resort, or activity offered on our Website.
- Travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.
- Any problem or dispute arising out of the booking of travel or actual travel shall be reported to us immediately by calling our Guest Support number at 866-969-9880 or submitting an email to us at CustomerCare@bookit.com. In the event an amicable resolution cannot be obtained and legal action is initiated the Venue of Jurisdiction shall be in Bay County, FL. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
- We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, this is including but not limited to procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the user.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
Our designated Copyright Agent to receive DMCA Notices is:
Thomas A. DiBacco
14251 Panama City Beach Parkway, Panama City Beach, FL 32413
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
Thomas A. DiBacco
14251 Panama City Beach Parkway, Panama City Beach, FL 32413
850-234-8887 ext. 6224
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
BookIt.com®, FROM®, RATES BY DATES®, PAYDELAY®, YOU KNOW WHAT TO DO® and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website or used by BookIt.com, in addition to other marks not listed herein, are registered service marks of BookIt.com, Inc. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website may be owned by a third-party. The use on the Website of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Website or services provided by BookIt.com by any such third party, or the participation by such third parties in the offering of goods or services through the Website.
License; Prohibited Activities
The Content on the Website is proprietary to us and in some cases to the Third Party Suppliers and other third parties. The Website is provided solely to assist users with making legitimate reservations or otherwise transact business with Third Party Suppliers. BookIt.com grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Website only as expressly permitted in this Agreement. Except as otherwise provided in this Agreement, no other rights or licenses are granted. Any rights not granted herein are expressly reserved. With the exception of making limited copies of your personal travel itinerary or related documents, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, sell or re-sell any information, material, Content, software, products or services contained in or provided by the Website. You also agree not to, without the express written permission of BookIt.com, hyperlink to any page of the Website except for the Website’s homepage and not to hyperlink any aspect of the Website for commercial purposes.
You agree not to use the Website or any of its contents for any commercial purposes, whatsoever.
You also agree not to: access, copy or monitor any content or information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measure employed to prevent or limit access to the Website; take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on the BookIt.com infrastructure; deep-link to any portion of the Website (including, without limitation, the purchase path for any travel services) for any purpose; copy, “mirror,” or otherwise incorporate any part of the Website into any other website or other material or medium without our prior written permission; deliver any unlawful posts or advocate illegal activity through any posts, to or through the Website; deliver or provide links to any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, insulting, threatening, tortious, criminal, harassing, victimizing, intimidating, hateful, defamatory, false or libelous, or otherwise objectionable; deliver any posts that infringe upon the intellectual property rights of others, including, without limitation, copyrights, trademarks, patents and trade secrets; use the Website in any manner which could damage, disable, overburden, impair or interfere with the use of the Website or users’ computer equipment, or cause damage to or disrupt the functionality of any software, hardware or telecommunications equipment; attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website by any means; and obtain or attempt to obtain any materials or information not intentionally made available to the site by any means.
BookIt.com reserves the right to deny access to the Website, BookIt.com’s products or services, and/or your account, at any time and for any reason, including, but not limited to, any violation of this Agreement.
If you register to utilize an account in connection with the Website, you agree that it is your responsibility to maintain the currency, completeness and accuracy of your registration. Any loss of the information provided in connection with such registration is your responsibility. You agree to safeguard and supervise your account and account information and to be responsible for use of your account by you or anyone else. You agree to notify us of any unauthorized use of your account; however, we are not liable for any loss that you may incur as a result of that unauthorized use.
Warranty Disclaimers and Limitations of Liability
BookIt.com MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY OR CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE BY NO MEANS CONSTITUTES SPONSORSHIP OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY WORKMANSHIP EFFORT, INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ALL OF THE INFORMATION, CONTENT, SOFTWARE PRODUCTS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE WEBSITE, ITS SERVERS, ANY ELECTRONIC TRANSMISSIONS AND/OR ANY ELECTRONIC MAIL SENT FROM US OR FROM OUR AFFILIATES OR THIRD PARTY SUPPLIERS IS FREE OF VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR ANY FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR INTERRUPTIONS IN THE RECEIPT OF TICKET ORDERS.
THE INFORMATION, PRODUCTS, SOFTWARE AND SERVICES PROVIDED ON THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BUT NOT LIMITED TO PRICING ERRORS. BookIt.com., ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES AND AGENTS, ARE NOT RESPONSIBLE FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY INFORMATION OR DESCRIPTION OF THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES CONTAINED IN OR PROVIDED BY THE WEBSITE OR THIRD PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED REGARDING HOTEL, AIR, CRUISE, CAR RENTAL, VOUCHERS AND OTHER TRAVEL PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.
THE THIRD PARTY SUPPLIERS AND ANY OTHER CARRIER, HOTEL OR OTHER SUPPLIER OF TRAVEL OR OTHER SERVICES OFFERED ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF BookIt.com OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES OR AGENTS. BookIt.com IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF SUCH SUPPLIERS. BookIt.com SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUNDS, EXCEPT AS OTHERWISE PROVIDED HEREIN, FOR ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND SHALL HAVE NO FURTHER RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RELATING TO SAME. BookIt.com IS NOT RESPONSIBLE FOR ANY THIRD PARTY SUPPLIER’S BREACH OF WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR IS IT RESPONSIBLE FOR ANY OTHER WRONGDOING BY A THIRD PARTY SUPPLIER, INCLUDING ANY LIABILITY IN TORT, FOR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE.
While BookIt.com may link to third party websites and third party websites may link to the Website, BookIt.com does not monitor or control the links and makes no representations or warranties, and is not liable for the accuracy of the information, content, products or services provided by the third party websites. Any concerns regarding the information, content, products or services provided by such websites should be directed to the particular website owner or service provider. The fact that a third party website has linked to BookIt.com or that BookIt.com has linked to a third party website by no means implies an endorsement, sponsorship, or recommendation by BookIt.com of the third party or of the information, content, products or services of the third party.
All of the ratings and reviews provided on the Website are proprietary to our methods of review, are intended only as general guidelines, and are not based on any independent agency reviews. In many cases the level of review is a “star” rating, whereby more stars indicate a higher rating. We do not guarantee the accuracy of such ratings and make no guarantee about the availability or quality of a particular product or service that may be offered. You are strongly urged to conduct an independent review of any hotel, resort or activity offered on the Website prior to booking a reservation.
Travel to certain destinations may involve greater risk than others. We strongly urge you to review the travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel reservations to international destinations. We are not responsible for any activity or procedure that may be necessary in order to enjoy the use of the services offered on the Website, including but not limited to procuring or having possession of any passport or valid identification for travel.
IF, DESPITE THE LIMITATIONS ABOVE, BookIt.com, ITS AFFILIATES OR THE THIRD PARTY SUPPLIERS, ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ANY OF THE OCCURRENCES DESCRIBED ABOVE, YOU AGREE THAT THE LIABILITY OF BookIt.com, ITS AFFILIATES AND/OR THE THIRD PARTY SUPPLIERS WILL IN NO EVENT EXCEED THE TOTAL CHARGE TO YOU FROM BookIt.com IN CONNECTION WITH SUCH TRANSACTION.
You agree to defend and indemnify BookIt.com, its affiliates, 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 on by third parties as a result of your breach of the terms and conditions of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.
Travel Service Disclosures
Florida: BookIt.com is a seller of travel in the State of Florida (ST33468)
California: BookIt.com is a seller of travel in the State of California (2081229-40). Registration as a seller of travel does not constitute approval by the State of California.
Nevada: BookIt.com is a seller of travel in the State of Nevada (2005-0180).
Washington: BookIt.com is a seller of travel in the State of Washington (60257400011).
Iowa: BookIt.com is a seller of travel in the State of Iowa (829).
If you have any questions or suggestions, please Contact Us.