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Terms & Conditions
The website - Anywhereflight.com - is solely designed to serve and assist customers across the globe in planning their travel itineraries. By using the website for all your travel needs, you agree to adhere to the terms and conditions mentioned herein. These terms and conditions are attributed to all sorts of travel related transactions taking place on the website and are in compliance with the legal obligations.
These terms of use are entered into by and between you and Anywhereflight. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of Anywhereflight along with the Company's mobile website and mobile and tablet applications (the "App"), including any content, functionality and services offered on or through anywhereflight.com, the Company's mobile website and mobile and tablet applications (collectively, the "Website"), whether as a guest or a registered user. The Website is provided solely to assist you 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 purpose.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found https://anywhereflight.com/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions or Canada. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website
User Representation
By using the website you imply that:
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.
License Grant Specifically for App
Subject to these Terms of Use, the Company grants you a limited, non-exclusive and nontransferable license to:
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.
Updates Specifically for App
The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet:
You shall promptly download and install all Updates, and you acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms of Use.
Export Regulation and U.S. Government Rights Specific to the App
The App may be subject to United States export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, release, or use is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to using, exporting, re-exporting, releasing, or otherwise making the App available outside the United States.
The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7202-4, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@anywhereflight.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on or obtained through the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, certain terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors or other third parties. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. We reserve the right to revoke your access to the Website and any of our services, products, content, or properties at any time. If it is determined or suspected by us in our sole discretion that you are misusing or attempting to misuse or circumvent our Website, or are using or attempting to use our Website for any inappropriate or non-personal use, by engaging in any of the Prohibited Uses contained herein, we reserve the right to immediately terminate your access without notice and to initiate without notice available legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
The following are considered Prohibited Uses. You acknowledge that a violation of any of the following could result in significant damages to the Company, and you agree you are liable to the Company for any such damages, and you will indemnify the Company in the event of any claims against the Company based on or arising from your violation of any of the following.
You agree not to use the Website:
Additionally, you agree not to:
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement: Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake the responsibility to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to info@anywhereflight.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Use of Information You Provide/Telephone Consumer Protection Act Consent
Upon using the Website, you will be prompted to disclose certain information about yourself, and you will be able to store information on our Website. Some of this information will be sent to our Travel Service Providers who will need this information to respond to your request for services. By providing this information to use, or by submitting a request, you are requesting and expressly consenting to be contacted by us and by our Travel Service Providers via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means of communication, at any of your contact numbers or addresses irrespective of whether you are listed on any federal, state, or local "Do Not Call" lists or registries for the purposes of providing Services, servicing your account, reasonably addressing matters pertaining to your account, or for other purposes reasonably related to your services request and our business, including marketing-related contact. You also authorize us to send you automated and/or prerecorded calls regarding our Services and your service requests, along with calls from Travel Service Providers that can help you with your request to any landline or mobile phone number you provided. You consent to Anywhereflight and the Travel Service Provider's use of automated phone technology including auto-dialed and prerecorded messages to communicate with you concerning your account or use of the Services, updates concerning new and existing features on the Website, and communications concerning promotions run by us. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive the cancellation of your account. You also acknowledge that Anywhereflight or the Travel Service Providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact customer support services. For complete details on our use of your information, please see our Privacy Policy at Privacy Policy - Anywhereflight .
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO ANYWHEREFLIGHT AND THE TRAVEL SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS, OR PHONE NUMBER OR A RANDOM OR MADE-UP NAME, ADDRESS, E-MAIL, OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANYWHEREFLIGHT AND EACH TRAVEL SERVICE PROVIDER WHO ACCEPTS SUCH REQUESTS.
Online Purchases and Other Terms and Conditions
All purchases through our Website or other transactions for the sale of services or information formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
Geographic Restrictions
The owner of the Website is based in the state of Ohio in the United States of America. We provide this Website for use only by persons located in the United States of America and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States of America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws. If you are a resident in a country other than the United States of America or Canada, you must not transact business with or through the Website.
No Agency Relationship
The Company does not agree to act as your agent or fiduciary in providing services through the Website.
Third Parties
If you use the Website to submit requests for or on behalf of a third-party such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all terms and conditions (including these Terms of Use) applicable to all products or services acquired through this website including all rules and restrictions applicable thereto. If you are using this Website for or on behalf of a Third-party, you agree to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or your failure to fulfill any of its obligations as described above. You are directly responsible for any request submitted including for total charges and performance obligations. You acknowledge that in no event will Company be required to refund any amounts.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files or other information available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. notwithstanding anything to the contrary contained herein, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. your use of the website, its content and any services or items obtained through the website is at your own risk. the website, its content and any services or items obtained through the website are provided or otherwise made available on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be suitable, available, accurate, reliable, complete, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. the company is not responsible for any failures caused by server errors, misdirected transmissions, failed internet connections, interruptions in the transmission or receipt of ticket orders or, any computer virus or other technical defect, whether human or technical in nature. the company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
to the extent permitted by law and notwithstanding anything to the contrary contained herein, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors (each a “covered party” and collectively, the “covered parties”) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to:
(i) loss of goodwill, profits, business interruption, data or other intangible losses;
(ii) your inability to use, unauthorized use of, performance or non-performance of the website;
(iii) unauthorized access to or tampering with your personal information or transmissions;
(iv) the provision or failure to provide any service;
(v) errors or inaccuracies contained on the website or any information, software, products, services, and related graphics obtained through the website;
(vi) any transactions entered into through the website;
(vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the website or any websites to which it provides hyperlinks; or
(viii) damages otherwise arising out of the use of the website, any delay or inability to use the website, or any information, products, or services obtained through the website. the limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a covered party has been advised of the possibility of damages. further, the travel service providers are independent contractors and not agents or employees of the covered parties. to the extent permitted by law, the covered parties do not assume liability for any injury, damage, death, loss, accident or delay due to an act or omission of a travel service provider, including, without limitation, an act of negligence or the default of a travel service provider, or an act of god. further and to the extent permitted by law, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the covered parties' control. no responsibility is accepted for any additional expense, omissions, delays, failure to make connections, re-routing or acts of any governmental authority. no covered party shall be responsible for any travel service provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any covered party be responsible for any other wrongdoing of a travel service provider (including any liability in tort), as to any products and/or services available through this website. no covered party shall be responsible for any travel service provider's failure to comply with this agreement nor for any travel service provider's failure to comply with applicable federal, state, provincial and local law. the foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against airline debit memos or credit card chargebacks arising out of or related to:
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Cleveland and County of Cuyahoga although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
Customer satisfaction is important to the Company. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section. You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Company Website; any dealings with our customer service agents; the purchase, use, or performance of any services or products available through the Website; any representations made by the Company; or our Privacy Policy (collectively, "Claims") by providing notice to us at the following address: info@anywhereflight.com. If we are unable to resolve such claims within 60 days, you may seek relief through arbitration or small claims court, as set forth below
please read this provision carefully. it requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. these limitations apply to any claims against the company, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the website.
in arbitration, a dispute is resolved by an arbitrator, not a judge or jury. the arbitrator's decision will in most instances be final and binding, with no right of appeal. arbitration procedures are often more limited than court procedures.
By using the Website, you, any Third-party, and the Company agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") applying Ohio law, except that under no circumstances may any Claim be brought or arbitrated as a class action or be joined with another person's Claim, or proceed on a basis involving Claims brought on a purported representative capacity (either on behalf of the general public or other users or persons). This agreement applies to, and includes, any and all Claims, including any Claims that arose prior to entering this agreement.
As an exception to arbitration, you, any Third-party, and the Company retain the right to pursue in a small claims court located in the federal judicial district that includes your or the Third-party's billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against the Company, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Website must be resolved in accordance with this Arbitration section. All Claims filed or brought contrary to this section shall be considered improperly filed and void.
If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute ("Notice") addressed to: Anywhereflight, 815 Superior Ave Suite 1208, Cleveland, OH 44114, USA. The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the Company and you, or the Company and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or the Company is entitled.
The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you, or any Third-party asserting a Claim), or at such other location as may be mutually agreed upon.
To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court Northern District of Ohio or, if there is no federal jurisdiction over the action, in the courts of the State of Ohio located in Cuyahoga County, Ohio. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action. You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Ohio, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
you and any third-party further agree that no proceeding against the company, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the website (under this provision or otherwise) may proceed as a class action, be joined with another person's claim, or proceed on a basis involving claims brought in a purported representative capacity (either on behalf of the general public or other users or persons). any and all proceedings to resolve claims will be conducted only on an individual basis. in addition, no arbitration proceeding under this provision shall be consolidated or joined in any way with any other arbitration proceeding without the express written consent of all parties. If you are unable to pay the filing fee, the Company will pay it for you.
Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, the Company will not be entitled to seek reimbursement of its attorney's fees for any Claim the arbitrator finds to be non-frivolous.
With the exception of the class action waiver, above, if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the class action waiver, above, is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor the Company shall be entitled to arbitrate their dispute.
Arbitration rules and forms may be obtained from AAA at
http://www.adr.org or by calling AAA at 1-800-778-7879.
if you or any third-party do not choose to accept this binding arbitration provision, you or such third-party must notify the company in writing by certified mail within thirty (30) days of your purchase or before you begin to use the services purchased on this site, whichever date is sooner. such notice shall be sent to the notice address defined hereinabove. if you so notify us by that time that you do not accept the binding arbitration provision, you and any such third-party may not continue to purchase services or products on this website unless and until the company notifies you or such third-party otherwise. the company shall have the right to prohibit your and such third-party's future purchase of services or products on this website.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Anywhereflight with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. The parties hereby confirm their express agreement that this agreement and all documents directly or indirectly related thereto shall be in English. Les parties reconnaissent leur volante expresse que la presente convention ainsi que tous les documents qui s'y rattachent directement ou indirectement soient rediges en langue anglaise.
Comments and Concerns
All notices of copyright infringement claims should be sent to info@anywhereflight.com.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@anywhereflight.com.
Booking Services
The terms contained within this Booking Services section supplement the information contained within the Anywhereflight Terms of Use and applies to those individuals who use this Website to book Travel Services. All other Terms of Use remain in full force and effect.
You agree to abide by the terms and conditions of purchase imposed by any Travel Service Provider (e.g. airlines, hotels, car rental companies, etc.) providing services directly or indirectly related to your use of the Website and purchases made on or
through the Website, whether such Travel Service Provider is selected by you or by the Company, including, but not limited to, all payment amounts when due and compliance with the Travel Service Provider's rules and restrictions regarding availability and use of fares, products, or services. You understand any violation of any such Travel Service Provider's rules and restrictions and/or conditions of purchase may result in the following: cancellation of any reservation or purchase; denial of access to any flight; hotel, or automobile; forfeiture of any money you've paid for any such reservation or purchase; and in the Company debiting your account for any costs the Company incurs arising out of or relating to such violation. You are exclusively and completely responsible for any charge, fee, duty, tax, and/or assessment that arises out of the use of the Website.
You agree that the company is not liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to lost profits, lost savings, and other intangible losses), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or nonperformance of any travel service provider, including, but not limited to, nonperformance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, regardless of the company's knowledge of the possibility of any such damages. You agree that your sole recourse for non-performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation of a travel service provider is toward such travel service provider and not toward the company.
The Company has no special knowledge regarding the suitability of disabled persons for any reservation. For information concerning the suitability of disabled persons for any reservation, please contact the Travel Service Provider directly.
General Travel Services Terms
International Travel: Passports, Visas, Disinsection and Hazards
Please be aware that travel to certain destinations may involve greater risk than other destinations. you represent and warrant that you meet all applicable foreign entry requirements and have all required documentation. The Company urges you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information relating to particular international destinations can be found at the following
websites: www.dot.gov, www.tsa.gov, www.faa.gov, www.treas.gov/ofac and www.cbp.gov.
Regarding possible foreign entry requirements, more information can be found at the following address: https://travel.state.gov/content/passports/en/country.html.
For travel warnings and advisories from the State Department, more information can be found at the following address: https://travel.state.gov/content/passports/en/alertswarnings.html
For foreign health requirements and dangers, more information can be found at the following address: https://wwwnc.cdc.gov/travel
According to the Department of Transportation’s website: disinsection is permitted under international law in order to protect public health, agriculture and the environment. The World Health Organization and the International Civil Aviation Organization stipulate two approaches for aircraft disinsection:
(1) spray the aircraft cabin, with an aerosolized insecticide, while passengers are on board or
(2) spray or treat the aircraft's interior surfaces with a residual insecticide (residual method) while passengers are not on board. American Samoa has adopted a third method, in which aircraft are sprayed with an aerosolized insecticide while passengers are not on board. Although the Report of the Informal Consultation on Aircraft Disinsection sponsored by the World Health Organization (November 6-10, 1995) concluded that aircraft disinsection, if performed appropriately, would not present a risk to human health. The report also noted that some individuals may experience transient discomfort following aircraft disinsection by aerosol application. Under the Chicago Convention, which governs international civil aviation, a country could impose a disinsection requirement should it perceive a threat to its public health, agriculture or environment. Accordingly, you should check with your travel agent or airline reservations agent when booking flights or if you have questions about your final destination’s policy. For more information about disinsection or to review a list of airline contacts for disinsection and a list of countries that require disinsection, please visit the Department of Transportation’s website located at the following address: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.html
By offering or facilitating travel to particular international destinations, we do not represent or warrant that travel to such international destinations is advisable or without risk, and we are not liable for damages or losses that may result from travel to any such destinations.
Flight Tracker
Flight Tracker is a monitoring service which ensures that travelers have a hassle-free and easier boarding process. The service keeps the track of travelers' flight details and collects the real-time data pertaining to flight delay, flight cancelation and changes in the terminal or boarding gate and informs the travelers about the same via SMS and email in no time.
In case your flight gets delayed or canceled, give us a call at (00) and speak with one of our customer care executives to get assisted with alternate flight options and actionable recommendations.
Please take into consideration that this is a third-party service which is provided by Air Legit. By using this service, you agree to abide by the terms and conditions imposed by Air Legit which can be found at Flight Watcher T&Cs for Travel Agencies, Airlines, or Travelers (airlegit.com). Also, travelers are advised to check the official website of the concerned airline for the reconfirmation regarding the departure status of their flight.
Currency and Exchange Rates
Purchases made on the Website are often transacted in different currencies, depending on your IP address and/or the currency that you select to make the purchase. You will be charged in the currency shown upon checkout. If you use a debit or credit card to make a purchase through the Website, please note that, due to fluctuations in exchange rates, the charge to your debit or credit card or the estimated charge amount we provide you, may differ based on the applicable exchange rate at the time you make your reservation compared to the exchange rate at the time the charge is reflected on your credit or debit card statement, which may be calculated through the use of third party application program interfaces or such other methods as we may later designate. In the event we determine we must credit your account, we will refund the exact amount in the currency initially charged. We will not be responsible for any exchange rate fluctuations that may cause variances in your debit or credit card statement. Some banks and credit card companies impose fees for transactions, without limitation for international transactions. 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 bank card statement may be in your local currency and therefore a diff