Terms And Conditions

Please Read the Terms Below

These Terms of Use, including any revised terms that we may post from time to time, state the terms and conditions under which Online Vacation Center provides you with various services on www.onlinevacationcenter.com and our agreement regarding your use of this website and the services BY ACCESSING, BROWSING, AND/OR USING OUR WEBSITE AND/OR SERVICES ON THE WEBSITE AND/OR THROUGH OUR CALL SERVICE CENTER, YOU ARE DEEMED TO ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF OUR WEBSITE AND/OR CALL SERVICE CENTER. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR DO NOT MEET THE USE REQUIREMENTS LISTED ABOVE, PLEASE DO NOT ACCESS, BROWSE, USE OUR WEBSITE OR ANY SERVICES WE PROVIDE. We may make changes to these Terms of Use from time to time in our sole discretion. Each time changes are made to these terms, a revised Terms of Use will be posted on the home page. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes.

Ownership of Our Website and Protection of Our Intellectual Property Rights

The contents of the www.onlinevacationcenter.com website ("Site") are intended for the personal use of our users. The Site is owned and operated by Online Vacation Center (the "Company"). All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site. Our Site is not to be used to distribute or transmit any content that infringes or violates another person's rights under copyright law.

Our Privacy Policy

The information that we obtain through your use of our Site, whether through the registration process or otherwise, is subject to the privacy policy posted on our Site ("Privacy Policy"). Our Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review our Privacy Policy before you use our services. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use our services. You agree not to modify our services in any manner or form, or to use modified versions of our services, including (without limitation) for the purpose of obtaining unauthorized access to our services or portions of the services. You agree not to access our services by any means other than through the interface that is provided by us for use in accessing our services. Except as expressly provided in this Terms of Use, nothing contained in this agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppels or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.

Limitations of Responsibility

Online Vacation Center sells vacation travel provided by third parties that Online Vacation Center does not control. Online Vacation Center is not liable or responsible in any respect for breach of contract, any action or inaction, commission or omission whether intentional, negligent or otherwise, on the part of such third party suppliers resulting in any loss, damage, delay or injury to you or your travel companions. Vacation itineraries, including changes after the sale which may include missed ports of call, are the sole responsibility of the supplier. Furthermore, Online Vacation Center assumes no responsibility for overbooking, cancellation or delays by hotels, airlines, cruise lines, tour operators or ground transportation or other providers of service. In the event that a travel supplier declares bankruptcy, Online Vacation Center will not be held responsible. The travel vendor may or may not be required to refund paid fares. Online Vacation Center cannot be held financially responsible for any vendor that declares bankruptcy. You agree that Online Vacation Center is not responsible for any potential risks and hazards associated with travel. Assessed government or quasi-government fees and taxes are subject to change without notice at any time, and suppliers reserve the right to add a surcharge for these fees and taxes even if you have a confirmed booking under deposit or have made final payment. All surcharges will be automatically charged to your credit card or in the event of payment by check, you will be asked to immediately remit additional funds.

Booking Details

It is the responsibility of the recipient to verify accuracy of all reservation information contained on the confirmation. Names provided to Online Vacation Center must match legal names as they appear on your passport or government issued photo ID. Online Vacation Center must be notified immediately if any changes are necessary. Failure to advise Online Vacation Center in a timely manner may result in substantial penalties.

Prior to Travel

It is the passenger’s responsibility to verify visa entry and health requirements of the countries they intend to visit. US citizens may visit the U.S. Department of State (www.travel.state.gov) for the most up to date requirements for US Citizens traveling abroad. Non-US citizens must check with their individual embassy regarding visa and immunization requirements. Most cruise lines require a Guest Registration Form to be completed prior to departure. Please refer to the pre-cruise email or cruise line’s website for registration requirements. Air arrangements purchased through the cruise line are generally made available 30 days prior to departure. Please note that air schedules are booked at the discretion of the cruise line and cannot be changed. Custom air requests must be arranged prior to final payment. The minimum charge for custom air itineraries is $50-$75 per person and additional charges may apply. It is the traveler's responsibility to confirm seat assignments and other special services, such as special meals or wheelchair assistance directly with the airline. Passengers traveling together, but booked or deposited at different times, may be required to travel on different flights.

Tickets and Documents

Travel documents are customarily distributed approximately 2 weeks prior to the departure date. Please review the travel documents for accuracy. If any corrections or changes are required, contact Online Vacation Center immediately at 800-780-9002.

Payment, Cancellation and Refund Policies

Interruption or cancellation requests for refunds by any guest after the scheduled departure date are not permitted. Notice of cancellation must be received by Online Vacation Center a minimum of 5 business days prior to supplier deadlines. All requests for refunds must be in writing to Online Vacation Center and mailed to 1801 N.W. 66th Avenue, Suite 102 Plantation, FL 33313-4534 or faxed to (954) 377-6401. Cruise tickets, air tickets, transfer coupons and/or vacation package vouchers and other Online Vacation Center or supplier documentation must be returned to Online Vacation Center before a refund can be processed. Refund processing time is about two credit card billing cycles or approximately 8 weeks. For detailed information regarding the travel providers cancellation policies or terms and conditions, refer to the travel provider’s website.

Cancellation penalties are unique and determined by each supplier. Penalties may begin at time of booking and are based upon the supplier's published rate before any adjustments. Certain exclusive promotions may follow a different penalty schedule than the supplier’s standard policy. All notice of cancellation must be received by Online Vacation Center a minimum of 5 business days prior to supplier deadlines.

Non-refundable agency deposits are incorporated in all bookings made after October 15, 2002. All Online Vacation Center shore excursions and hotel stays are non-refundable once paid.

Your credit card will be charged within 24 hours of your reservation.

No Automated Querying

You may not send automated queries of any sort to our Site without express permission in advance from us.

You Agree Not To Use Our Site To:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting; Collect or store personal data about other users, including engaging in screen scraping collecting usernames, e-mail addresses, or other personally identifiable information of members by electronic, automated scripts or other means; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law. If we believe that anyone has violated this provision or any other provision of this Agreement or otherwise violated the law, we retain the right to investigate and/ or pursue legal action against such person.

Links to Other Websites

A central part of our services includes links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.

Your Contact with Advertisers or Third Party Vendors

Your dealings with advertisers and third party vendors found on or through our services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of our Site.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of our Site.

Modification to Our Services

We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services.

Information Disclaimer and Disclaimer of Warranties

BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT: OUR SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE. YOUR USE OF THE OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OUR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR NEEDS.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification of Online Vacation Center

You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our services, (b) your connection to our Site, (c) your violation of this these Terms of Use, or (d) your violation of any rights of another party.

p>Limitation of Actions Brought Against Us

You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Applicable Laws and Forum

Online Vacation Center is a registered Seller of Travel with the States of Florida (CST-32947), Washington (WA SOT 6022583) and California (CST-2064227-40). Registration as a seller of Travel in California does not constitute the State's approval. California law requires certain sellers of travel to have a trust or bond. Online Vacation Center has a trust account and is not a participant in the California Travel Consumer Restitution Corporation.

Online Vacation Center policies shall be governed by and construed in accordance with the laws of the State of Florida. You and Online Vacation Center agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in an appropriate state or federal court located in the State of Florida in Broward County.

You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Broward County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Effective Date: February 1, 2008

 
   
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