AGREEMENT BETWEEN CUSTOMER AND AIRWAYMARKET
Welcome to the AirwayMarket.com website (collectively with all our websites, the “Website”). If you continue to browse and use the website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern AirwayMarket’s relationship with you. If you disagree with any part of these terms and conditions, please do not use our website.
The terms “AirwayMarket”, “Company”, “us”, “we”’ or “our” refers to “’AirwayMarket.com” a sole trader business, organized in the State of Utah, who is the owner of the “Website” and whose registered office is 7103 South Redwood Rd, Suite 422, Salt Lake City, UTAH 84084 USA. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, doing reservations or otherwise transacting business with travel suppliers, and for no other purposes except as otherwise approved by us.
THIS WEBSITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS, AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU BOOK ANY TRAVEL PRODUCTS OR SERVICES ON THIS WEBSITE OR THROUGH OUR CALL CENTER AGENTS, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR MAKE BOOKINGS THROUGH THIS WEBSITE OR OUR CALL CENTER AGENTS. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT. WE RESERVE THE RIGHT AT ANY TIME, AT OUR SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THE AGREEMENT WITHOUT PRIOR NOTICE, AND YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THE UPDATED OR MODIFIED AGREEMENT.
AIRLINE RULES, ITINERARY CHANGES, AND PRICE CHANGES
Airline tickets are subject to the published conditions of carriage and rules, including but not limited to cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time — schedule changes can result in an itinerary that falls outside of contractual agreements. Airlines may also in their discretion change or cancel flights, airline tickets, or flight itineraries.
In the event of a flight or ticket cancellation while at the airport, please see the airline ticketing counter or gate representative, as they have the most power to change your itinerary to the next available flight or accommodate you per the airline rules. This is the fastest way to get you on the next flight out. Otherwise, you will need to contact your own travel insurance company for reimbursement if the issue cannot be resolved at the airline desk.
Travel insurance is required to be purchased by you the customer as part of this agreement and this travel insurance is not offered or provided by AirwayMarket.com. You agree to seek and obtain your own travel insurance as a condition of purchasing tickets from AirwayMarket.com because travel insurance covers a host of problems from illness or emergency to problems with travel service providers, cancellation of flights or tickets by the airlines and will ensure your trip to make sure you get what you paid under the covered conditions.
We sell award tickets offered at deeply discounted prices, and these tickets do not carry the same privileges and rights as cash tickets. If your purchased award ticket or mileage redemption ticket is not located, is not honored, or is changed due to routing or schedule changes, or equipment issues, please contact us immediately. In most cases, we can confirm your flight is authorized with the airline, or resolve payment issues for taxes and fees etc, and work with their agents and you will be on your way. Otherwise, you will need to contact your travel insurance company if we cannot quickly resolve the issue for you. In most cases, the airline will accommodate you directly and most easily at the customer service counter in case of any problems, missed flights or flight delays. Be sure to purchase your own separate travel insurance as airlines are far less generous than they once were, and it is often your only recourse when issues arise that disrupt your travel on non-refundable tickets and award travel tickets.
Any voluntary changes or cancellations need to be requested and completed at least 72 hours ahead of each flight, are subject to $350 fee per passenger if available, subject to any additional airline fees or fare differences that the requested changes create or require by the airlines. You will not receive a monetary refund when canceling at least 72 hours ahead. Instead, you will receive a credit on account at AirwayMarket (less any airline or taxes fees) towards a future ticket purchase, which will be valid for up to twelve (12) months from your original date of purchase.
Frequent Traveler Points: You will not be earning miles with our tickets. Frequent traveler awards and elite tier accumulation points or legs (miles, points etc.), upgrades, certificate vouchers, and other discounts or incentives will not apply to AirwayMarket.com tickets, flights, hotel stays, or other travel services.
Payment Terms, and Taxes and Fees: Airlines and hotels will assess their own taxes and fees on your flights and they will be charged separately, then those taxes will be deducted from your original quoted price, to arrive at the remaining balance to be paid to AirwayMarket. When placing an order, you the customer need to provide a credit card to cover the taxes that will be charged by the airlines, then when the flights are completely ticketed, we will deduct those taxes already paid you from the total quoted price, and then you the customer will need to bank wire the remaining balance to us, or you can pay the remaining balance with cryptocurrencies such as Bitcoin or EOS or NANO. We do not accept credit cards for the remaining balance. You will need to send the remaining balance by bank wire or cryptocurrency as soon as we email your completed e-tickets numbers and ticketed itinerary to you.
CANCELLATION AND REFUNDS
If you need to cancel your ticket for any reason, please contact your representative early enough so that we can complete the changes or cancellation at least 72 hours ahead of your original scheduled flights. Cancellation and refund terms and conditions will also apply to your reservation and purchase of travel-related goods and services as required by both airline and hotel suppliers. Please read these terms and conditions carefully on the airline or hotel or other accommodation providers websites.
Take special note that all our airline tickets and hotel accommodations, award tickets, miles redemption services, and all service fees of AirwayMarket are non-refundable. Changes or cancellations must be requested early enough so that they can be completed at least 72 hours before the time of departure. A $350 per person AirwayMarket processing fee is required plus any applicable fees charged by the carrier/provider upon changes or cancellation. Fees will vary depending on the airline provider’s terms and conditions. You will not receive a monetary refund when canceling. Instead, you will receive a credit on account at AirwayMarket (less any airline or taxes fees) towards a future ticket purchase, which will be valid for up to twelve (12) months from your original date of purchase if the cancellation is properly completed and fees paid at least 72 hours ahead of the originally scheduled flights.
If you miss your flight, go to the airline counter for help immediately. Missed flights are not refundable or credited, and changes or replacement flights will be at the discretion of the airline supplier.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from both airline and hotel suppliers. Please read these additional terms and conditions carefully on the airline or hotel or other accommodation providers websites. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some airline or hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your travel. Such deposit is unrelated to any payment received by AirwayMarket.com for your booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
AirwayMarket.com believes in protecting your privacy.
What information do we collect?
We collect information from you when you register on the Website, subscribe to our newsletter, fill out forms or disclose information to our agents on the phone, chat or emails.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience
(your information helps us to better respond to your individual needs)
- To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails. The email address you provide for order processing will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.
Note: If at any time you would like to Unsubscribe from receiving future emails, we include detailed Unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Yes (cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information).
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), We do not collect any information from anyone under 13 years of age. Our Website, products, and services are all directed to people who are at least 13 years old or older.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any airline or hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant AirwayMarket. and its subsidiaries and corporate affiliates (collectively, the “Company”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “Company Affiliates”), a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an airline or hotel review that you submit) at our discretion and that such submissions may be shared with our supplier partners. You further grant the Company the right to pursue at law any person or entity that violates your or the Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that AirwayMarket.com may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same airline or hotel, only your most recent submission is eligible for use.
The Company’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. AirwayMarket.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, AIRWAYMARKET.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The information, software, products, and services published on this website may include inaccuracies or errors, including pricing errors. In particular, the company and the company affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc…). In addition, airwaymarket.com expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this website are intended as only general guidelines, and the company and its affiliates do not guarantee the accuracy of the ratings. The company, the company affiliates, and their respective suppliers make no guarantees about the availability of specific products and services. The company, the company affiliates, and their respective suppliers may make improvements and/or changes on this website at any time.
The company, the company affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the company or the company affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind. The company, the company affiliates, and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the company, the company affiliates, and/or their respective suppliers are free of viruses or other harmful components. The company, the company affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non infringement.
The carriers, hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the company or the company affiliates. The company and the company affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The company and the company affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Airwaymarket is not responsible for any cancellation or delay of flights, tickets, or itineraries by the airlines.
In no event shall the company, the company affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the company, the company affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Company, the Company Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Company, the Company Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to AirwayMarket.com in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company, the Company Affiliates, and/or their respective suppliers.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend and indemnify the Company, the Company Affiliates, and/or their respective suppliers and any of their officers, managers, members, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of the Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than AirwayMarket.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites
FOREIGN TRANSACTION and CURRENCY CONVERSION FEES
All transactions make are in US Dollars. We may from time to time issue a quotation in your local currency to aid in customer understanding. However, all Invoices and Payments will be requested in US Dollars. Any foreign currency quotations will be converted to US Dollars using the conversion rate listed on ‘Yahoo Finance’ on the date of the order. We DO NOT add any transaction fees or commission for this conversion. However, we cannot be responsible for any currency conversion fees applied by the customer’s financial institution. Currency exchange rates and foreign transaction fee applied by the customer’s financial institution are determined solely by the customer’s financial institution on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your financial institution
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2018 AirwayMarket. All rights reserved. AirwayMarket.com is not responsible for content on websites operated by parties. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at [email protected] address messages concerning brand infringement at this email address.
CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT & COUNTER-NOTIFICATION
AirwayMarket.com is a member of several travel trade associations and may be authorized to use certain trademarks, logos, and other copyright or trademarks in accordance with the following associations: IATAN, ARC, IATA, AFTA, and others. For a full list email [email protected] Those copyrights and trademarks remain the property of their respective owners.
AirwayMarket.com respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.
Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to [email protected] for the fastest resolution.
You may also send us your notice using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
7103 South Redwood Rd, Suite 422,
Salt Lake City, UTAH 84084 USA
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. fair use doctrine.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Utah, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Utah County, Utah, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Notwithstanding the first sentence of this paragraph, (but without limiting, and you hereby acknowledge and agree to, our right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to this Agreement (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Utah County, Utah, using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
You agree that no joint venture, partnership, or employment relationship exists between you and AirwayMarket.com as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and AirwayMarket.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and AirwayMarket.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. AirwayMarket.com may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event
Any rights not expressly granted herein are reserved.
For quick answers to your questions call your representative or our main # at +1.801.471.6939 or email [email protected]
Attn: Customer Service
7103 South Redwood Rd, Suite 422,
Salt Lake City, UTAH 84084 USA