Farecast, Inc. Terms of Use
Agreement between User and Farecast®, Inc.
Farecast.com™ is owned and operated by Farecast, Inc. ("Farecast, Inc.", "Farecast", or "we"). This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Farecast, Inc.. BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS WEB SITE ("SITE"), USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If you do not agree with any part of this Agreement, YOU MUST NOT USE THIS SITE. Farecast, Inc. reserves the right, in its sole discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties. Farecast, Inc. incorporates herein, by reference, its Privacy Policy.
PART I
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Farecast, Inc. and/or its third-party providers including, without limitation, the airline(s), hotel(s), rental car companies and/or other travel suppliers that provide travel or other services through this Site ("Providers"). Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
"Farecast", "Farecast.com", and any and all other marks appearing on this Site are trademarks of Farecast in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Farecast's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Farecast reserves to right to prohibit the use of Service Marks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by Farecast in writing.
Acceptable Use
This Site is intended for personal, noncommercial use. You may not use robots or other automated means to access this Site, unless specifically permitted by Farecast. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Farecast's prior written consent is prohibited.
Privacy Policy
You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by Farecast, Inc. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. Farecast, Inc. makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Farecast, Inc. will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
No Warranties
Unless a Provider has agreed otherwise, all products, services, advice, predictions, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) that a User will receive the lowest available price for goods and/or services available through this Site, (ii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer, retailer web site or retailer location, (iii) that use of this Site and all software, products or services associated with this Site will be error free, (iv) regarding the results that may be obtained or experienced from the use of this Site or information or predictions from this Site, (v) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice, predictions or merchandise provided or available through this Site, or (vi) regarding the performance or non-performance of this Site. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability
IN NO EVENT SHALL FARECAST, INC., INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND/OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, 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, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any 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 Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement or for any Provider's failure to comply with applicable federal, state, provincial and local law.
Some states, to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Farecast, Inc. and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Miscellaneous
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
The internal laws of the State of Washington shall govern the performance of this Agreement.
PART II
FARECAST PRODUCT OFFERINGS
Fare Guard™ Terms of Use
Farecast® may, from time to time, make available for purchase by you, the User, a product currently known as "Fare Guard" (the "Fare Guard Product") that gives you certain fare price increase protection for a specific travel itinerary for specified travel departure and return dates (a "Protected Itinerary") if you purchase the Fare Guard Product for the Protected Itinerary in accordance with these Fare Guard Terms of Use (a "Fare Guard Purchase"). If the minimum price of the Protected Itinerary on the day the Fare Guard Product is offered to and purchased by you for the Protected Itinerary (the "Protected Price") increases to an amount that is above the Protected Price on any of the next seven days (the "Fare Guard Period"), and if you purchase a non-refundable ticket for the Protected Itinerary on such corresponding day, Farecast will reimburse you (pursuant to the redemption process described below) the difference between the Protected Price and the lesser of (a) the increased minimum price displayed by Farecast for the Protected Itinerary on the day such ticket was purchased or (b) the price at which you purchased the ticket for such Protected Itinerary on any day within the Fare Guard Period (a "Fare Guard Redemption"). The Fare Guard Product and any associated Fare Guard Purchase and Fare Guard Redemption are subject to the terms set forth elsewhere in this Agreement and the following additional terms and conditions, as the same may be amended by Farecast from time to time pursuant to this Agreement:
- You must be a United States or Canadian resident to make a Fare Guard Purchase and/or request and obtain a Fare Guard Redemption.
- You may only make up to four Fare Guard Purchases in a given calendar month.
- You must use a valid United States credit card (i.e., Visa, Mastercard, AMEX or Discover) to make a Fare Guard Purchase.
- Each Fare Guard Purchase is non-refundable, non-cancelable and non-transferable once made.
- Each Fare Guard Purchase expires at 8:59pm Pacific Time (20:59 PT) on the seventh day after the date the Fare Guard Purchase is made. While a Fare Guard Purchase does not obligate you to purchase the Protected Itinerary, the Fare Guard Purchase will expire (and you will not be eligible for a Fare Guard Redemption) if you do not purchase the Protected Itinerary at a price higher than the Protected Price within the applicable Fare Guard Period.
- Each Fare Guard Purchase is good for only one Fare Guard Redemption per airline ticket covered by the Fare Guard Purchase. Once a Fare Guard Redemption has been paid by Farecast, the Fare Guard Purchase expires and is no longer valid.
- To be eligible for a Fare Guard Redemption in connection with any Fare Guard Purchase, you must purchase the Protected Itinerary directly from an applicable major airline (click here for full list of applicable major airlines) or, for multi-carrier flights, through Orbitz.com.
- You must submit each request for a Fare Guard Redemption to Farecast through the "My Account" section of this Site. Each such request must be accompanied by documentation acceptable to Farecast that establishes a valid purchase by you of the Protected Itinerary within the applicable Fare Guard Period, including, but not necessarily limited to, an e-mail or facsimile of the airline or agency confirmation that shows the purchase price you paid for the Protected Itinerary, the date on which you purchased the Protected Itinerary and the travel date(s) and other required parameters for the Protected Itinerary.
- You must submit each request for a Fare Guard Redemption, along with all appropriate and required supporting documentation, to Farecast no later than 72 hours after purchasing an airline ticket for the Protected Itinerary. Additionally, you expressly give Farecast the authority to verify your ticket purchase with the applicable airline or agency where the ticket was purchased.
- The maximum Fare Guard Redemption for each Fare Guard Purchase is $200. The minimum Fare Guard Redemption for each Fare Guard Purchase is $1.
- Farecast will reimburse you (via check sent to your account address) the amount of any Fare Guard Redemption payable in connection with a given Fare Guard Purchase within seven business days after Farecast's receipt and verification of a valid Fare Guard Redemption request submitted by you in accordance with these terms and conditions.
- You will not engage in any fraudulent or illegal conduct in your purchase or use of the Fare Guard Product. Farecast will have the right to verify all Fare Guard Redemption requests with the applicable airline or agency, and may prosecute any fraudulent or illegal requests to the fullest extent allowed by law.
- Your rights under these terms and conditions, including, without limitation, the payment of any Fare Guard Redemption, are expressly contingent upon your full compliance with each of the requirements set forth in these terms and conditions and elsewhere in this Agreement. All eligibility and other matters relating to your purchase or use of the Fare Guard Product will be determined by Farecast, in its sole discretion, and each such determination will be binding on you.
- Farecast reserves the right to 1) cancel any Fare Guard Purchase(s) made and/or 2) revise any daily lowest pricing information that result due to any system error, or because of incorrect information collected from any third party. If such instance(s) occur(s), we will notify you of such cancellation or will revise seven day lowest pricing information as soon as possible.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARECAST'S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR RELATING TO THE FARE GUARD PRODUCT OR ANY OTHER PRODUCTS, SERVICES OR OTHER ITEMS FURNISHED BY FARECAST UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE FARE GUARD REDEMPTION PAYABLE BY FARECAST TO YOU FOR THE APPLICABLE FARE GUARD PURCHASE GIVING RISE TO THE CLAIM (OR, IN THE CASE OF ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, THE AMOUNT PAYABLE BY FARECAST TO YOU HEREUNDER WITH RESPECT TO THE APPLICABLE PRODUCT, SERVICE OR ITEM GIVING RISE TO THE CLAIM). Some states do not allow the limitation of liability, so the foregoing may not apply to you.
PART III
TRAVEL SERVICES
A. General
Travel Service Limitation of Liability
THE AIRLINES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. 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 SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER, 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.
Passports, Visas, and Hazards
We have no special knowledge regarding foreign entry requirements such as the need for passports and visas, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. You hereby release the Covered Parties from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
B. Travel Service Disclosures
For Washington Residents:
Farecast, Inc. is registered with the State of Washington as a Seller of Travel. Registration No. 602-333-132
