1. USE OF WEBSITE
You may only use the Website to make legitimate reservations or purchases and shall not use the Website for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Website, (b) deep link to any portion of the Website, without the prior written permission of SwiftTrip, or (c) use the Website in violation of, or to violate, any law, rule or regulation.
You acknowledge and agree that you will not use, nor will you permit any use of, the Website in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Website from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit http://www.treas.gov/ofac. You shall automatically become unauthorized to use the Website in the event of a breach of this obligation.
For residents of Canada, you acknowledge and agree that you will not use, nor will you permit any use of, the Website in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Website from a country prohibited under Canadian export regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit http://www.international.gc.ca/sanctions/index.aspx. You shall automatically become unauthorized to use the Website in the event of a breach of this obligation.
2. CUSTOMER WARRANTIES
You warrant that: (1) You are a legal resident of one of the forty-eight (48) contiguous United States, the District of Columbia, Hawaii, or Alaska; or a legal resident of Canada; (2) You are at least eighteen (18) years of age or older; (3) You will only purchase travel products for yourself and others who have agreed to the terms of this Website; (4) All information supplied by you or members of your household in using the Website is true and correct; (5) You have Internet access; and (6) You have an existing e-mail account as of the date of purchase of any product or service.
Travel Agency and SwiftTrip will only communicate with you about your purchase via e-mail unless expressly provided otherwise by the Travel Agency. You agree to supervise all use of the Website by minors using your name or account. You understand that you are financially responsible for all uses of the Website by you and those using your name or account.
For residents of Canada, you consent to our collection, use and disclosure of your personal information. Further, you understand and agree that your personal information is essential to the products and services available on the Website.
3. COPYRIGHT AND TRADEMARK NOTICES
All content of this Website is the property of SwiftTrip, LLC or its licensors. All rights reserved. SwiftTrip and the SwiftTrip logo are registered trademarks of SwiftTrip, LLC. Other product and company names mentioned herein may be the trademarks of third party licensors.
4. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
This Website is a conduit for content licensed and provided by third parties. If you have any copyright concerns about any materials posted on this Website by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:
702 North Shore Drive, Suite 300
Jeffersonville, IN 47130
To be effective, the Notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit SwiftTrip to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Website ("Infringing Material"), and information reasonably sufficient to permit SwiftTrip to locate such material on the Website;
Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works at a single Website are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. TERMS OF PURCHASE
Separate terms and conditions dictated by the other Third Party Providers will apply to your reservation and purchase of products and services on the Website. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the Third Party Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Third Party Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, your being denied access to any flights, hotels or other products or services, and (d) SwiftTrip and Travel Agency debiting your account for any costs they incur as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Website.
SwiftTrip and or Travel Agency may charge a per transaction fee. Such fee will be stated as part of the transaction and may be charged separately to a credit card and in addition to any charge by the underlying carrier or service provider. You hereby agree to pay all charges stated when you complete a transaction through this Website, including applicable taxes. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers.
If you (1) fail to pay or (2) dispute in bad faith, any charge for products or services acquired via the Website, you agree to reimburse Travel Agency and SwiftTrip, as applicable, for all fees, costs and expenses (including reasonable attorneys' fees, collection agency fees and court costs) incurred in collecting any unpaid amounts.
8. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE BENEFITS, SERVICES OR PRODUCTS AVAILABLE HEREUNDER, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS, UNLESS EXPRESSLY AGREED OTHERWISE IN A SIGNED WRITING. SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS, DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE (MUCH OF WHICH IS PROVIDED BY THIRD PARTY PROVIDERS). SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
9. DISCLAIMER REGARDING SUPPLIERS
THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER SUPPLIERS, COLLECTIVELY THIRD PARTY PROVIDERS, PROVIDING TRAVEL OR OTHER SERVICES ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF SWIFTTRIP OR TRAVEL AGENCY. SWIFTTRIP AND TRAVEL AGENCY ACTS SOLELY AS A SALES AGENT FOR THE SUPPLIERS AND ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH THIRD PARTY PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SWIFTTRIP AND TRAVEL AGENCY SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND SWIFTTRIP AND TRAVEL AGENCY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT SWIFTTRIP AND TRAVEL AGENCY INCLUDE OR OFFER ANY PRODUCT OR SERVICE ON THE WEBSITE DOES NOT MEAN SWIFTTRIP OR TRAVEL AGENCY IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.
10. LIMITATION OF LIABILITY
YOU AGREE THAT SWIFTTRIP AND TRAVEL AGENCY ARE MERE AGENTS FOR THE THIRD PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICE PROVIDERS AND AIRLINES. SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL SWIFTTRIP, TRAVEL AGENCY AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY CLAIMS WITH RESPECT TO THE SERVICES OFFERED OR PROVIDED THROUGH THIS WEBSITE. SWIFTTRIP AND TRAVEL AGENCY HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SERVICE PROVIDERS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE OR OTHERWISE, OF SUCH SERVICE PROVIDERS.
12. TRAVEL TO CERTAIN DESTINATIONS
While most travel, domestic and international, is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. SwiftTrip and Travel Agency urge users of the Website to review current travel advisories, warnings and restrictions issued by the United States or Canadian governments, as applicable, before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac, http://www.customs.gov; http://www.catsa-acsta.gc.ca; http://www.cbsa-asfc.gc.ca; http://www.international.gc.ca; and http://www.tc.gc.ca.