Terms and Conditions
Last revised March 1st. 2006;
Welcome to Farecrawler.com. The Farecrawler web site is provided by Farecrawler, inc, 132 Greene Street, New York , NY 10012 , USA . Farecrawler.com (hereinafter: "Farecrawler", "the web site", "us", "ourselves" or "we") offer our services exclusively on the basis of these Terms of Business. These terms, insofar as they may be validly included therein, shall become an integral part of our service contract, which shall enter into force between yourselves and ourselves upon the occasion of your reservation. Accordingly, we ask you to carefully read these terms of business. This web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these terms and conditions, please do not use the web site and leave our web site now. We are constantly enhancing our website and therefore making changes with immediate effect. Your continued use of the website or purchase of airline tickets following changes of the website will be deemed acceptance of such changes. Please return to this terms and conditions page before using the website to check for updates and ensure familiarity with the most updated and current version of this agreement.
Privacy
Your use of our site is subject to our
Privacy Policy You have read that privacy policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our privacy policy.
Warranty Disclaimer
FARECRAWLER inc. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. FARECRAWLER INC. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
FARECRAWLER INC. EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR FROM ANY USAGE OF TRADE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
FARECRAWLER INC. ASSUMES 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 THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL FARECRAWLER INC. OR ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS BE 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 OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING) OR (C) THE PERFORMANCE OR NON PERFORMANCE BY FARECRAWLER INC. OR ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
Indemnification
You agree to indemnify and hold Farecrawler inc. and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Farecrawler inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Ownership/Copyright/Trademarks
The web site and each of its modules and components and all of the content is the copyrighted property of Farecrawler inc and/or its various third party providers. That data and content found on the web site may not be copied, reproduced, republished, sold, transferred, distributed, posted, transmitted or modified without written permission of Farecrawler inc. Any single downloads, displays or single prints for personal, non commercial -use is allowed. These materials may be used solely to the extent necessary for your authorized use of the web site. The trademarks, logos, and service marks displayed on the Site are the registered and unregistered trademarks of Farecrawler inc. and others. The trademarks owned by Farecrawler inc., whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion with customers, or in any manner that disparages Using and accessing to our site does not grant any license or right to use any of the logos, pictures and trademarks
Any software that is made on this website is copyrighted work of Farecrawler inc. Farecrawler inc. hereby grants the user of the Farecrawer.com web site, a personal, nonexclusive, nontransferable license to use the Software for viewing and otherwise using this web site in accordance with our terms and conditions and for no other purpose. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the web Site or software.
The license to use the Farecrawler.com web site may be terminated and revoked by Farecrawler inc. at any time for any reason. All Software is owned by Farecrawler inc. and is protected by copyright laws and international treaty provisions. The software is warranted according to the terms of the License Agreement. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible allowable under the law.
USE OF SITE.
Jurisdictional Issues
The site is solely directed to individuals residing in the United States . We make no representation that materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and to any person, geographic area or jurisdiction, at any time and in our sole discretion
This site is intended for personal, noncommercial use. The services of Farecrawler.com are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this site, you represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.
You may only use our site to make legitimate reservations or purchases. You may not use our site to make any false, fraudulent or speculative airline reservation or any reservation in anticipation of demand. Furthermore you may not use this web site to post or transmit any unlawful, threatening, libelous, defamatory, discriminatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms
In addition, whether or not you have a commercial purpose, you agree not to:
- Access, monitor or copy any content or information of this web site using any robotic software, spider, screen-scraper or other automated means or any manual process for any purpose without express written permission of Farecrawler inc.;
- Restrict or inhibit any other visitor of the Farecrawler.com web site from using the web site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Violate the restrictions in any robot exclusion headers on this web site or bypass or circumvent other measures employed to prevent or limit access to this web site;
- Deep-link to any portion of this web site for any purpose without express written permission of Farecrawler inc.;
- Harvest or collect information about Site visitors or members without their express consent.
Farecrawler inc. may, at any time and without advance notice or liability, terminate or restrict your access to all or partial components of our web site. We will use reasonable commercial efforts to keep our site available on a 24-hour and 7 day a week basis. The availability of the web site is subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot warrant that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.
Links
The Site contains links to other Internet web sites, including affiliated web sites that may or may not be owned or operated by us. We have not reviewed all of the web sites that are linked to the Site, and we have no control over such sites. Unless otherwise explicitly stated, we are not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
MAKING RESERVATION AND PURCHASING TICKETS AND TRAVEL RESTRICTIONS
Farecrawler.com is solely provided to assist you and other users in purchasing airline tickets for personal use. You may only use the Site if you are at least 18 years of age and can enter into binding contracts under applicable law.
We do not require registration to access the travel search web site and for you to use the web site. However, if you choose to purchase an airline ticket you will be asked to provide certain information that we must have to process your purchase, such as your name, billing address, phone number and email address.
You agree that the total amount of your purchase, including fees, taxes, shipping/handling and other charges, and surcharges will be charged to the credit card account number you supply to us. The total amount that you must pay to us will be disclosed to you prior to purchase. You should remember, however, that as with all travel services, there might be additional charges that apply for which you are solely responsible. For example there are some international airports that charge a departure tax on the day of the departure. These charges can not be collected by us on the time of your purchase of the ticket and are therefore not part of the price you paid purchasing the ticket.
Farecrawler.com offers a leading technology in fare search methodology. By nature of the a fare driven online travel search, we put possible price of a ticket first. Fares displayed by us showing fixfares are accurate fares including, all taxes, fees and surcharges. The total travel or ticket prices can however be different by the time you actually reserve and buy the ticket. Airline prices and availability can change from one second to the next. Because of that it can happen that the actual prices asked by the airline is higher or in many cases lower than what Farecrawler.com quoted under fixfares as a result to your request.
The prices we display under flexfares are an indication of how low your airfare could be if your travel plans a a little bit more flexible. As a result to your request we do show airfares that airlines are offering on and around the travel dates that you requested. These fares are at that point just lowest possible fares, without any guarantee that these fares are actually available for purchase. The fares do include certain surcharges but due to the fact that a final prices depends on taxes to be paid at certain airports, transfer points etc. and can depend as well on the day of the week you want to travel a final quote can only be made by the time you select the flights and day you want to travel. These fare can in some cases be higher than what we quoted under flexfares for the reasons described before (availability changes, Taxe differences at various airports, weekend surcharges etc) but user usually are able to identify substantial savings using the cheap airfare search method flexfares of Farecrawler.com.
The total price for a reservation and purchase of a ticket includes a markup fee for our efforts in providing the website, its' services and fulfilling your purchase. All of the goods and services that you reserve and purchase through the web are subject to the terms and conditions set by each of our Suppliers (airline-s). You agree to abide by such terms and conditions set by the Suppliers (airline-s), including, but not limited to, compliance with all rules and restrictions regarding availability of fares, products, or services. By using this web site the user also agrees to the terms and conditions of purchase imposed by the supplier of travel services (airline-s) which may include, but are not limited to, restrictions against
back to back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements),
hidden city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure and round trip for one-way ticketing). The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including terms or condition of purchase set forth in an air carrier's fare rules or contract of carriage. The user also agrees to the payment of all amounts when due, including additional taxes and fees that may not be included in the quoted fare, and compliance with all rules regarding the availability of fares, products or services to include penalty fees arising from the failure of the purchaser to comply with these rules. User shall also agree to pay all duties, taxes, and related charges arising out of its use of this Site and of the services provided herein. User also agrees to allow Farecrawler inc. to charge the credit card on file for the payment of penalties arising from the purchaser's failure to comply with airline tariff rules. Such payment will be collected without additional notice.
Name on Reservations
All reservations must be made in the exact name of the person traveling as stated in the government issued IDs or government issued passport of the traveler. Once tickets are issued misspelled names and parts of the names can not be corrected and if names need to be corrected then changes fees and sometimes, when tickets are non refundable, new tickets have to be purchased.
Special Requests. If you have special requests (such as aisle seats, special food requirement etc.) you must contact the supplier (airline-s) directly after your purchase is confirmed and make appropriate arrangements, subject to availability. When making a purchase through Farecrawler.com, you expressly accept the possibility that the supplier (airline-s) ay not satisfy such special requests. No purchase or reservation may be canceled based on the failure of a supplier (airline-s) to satisfy special requests.
Changes, Voids and Cancellations
FARECRAWLER.COM charges $50 per ticket plus airline fees for exchanges. The airline rules will be quoted to the customer before initiating an exchange. Additionally, some airline tickets issued are non-refundable, non-exchangeable and non-transferable. The FARECRAWLER.COM cancellation fee is $50 per ticket. Additional fees may be assessed by the supplier (airline-s) in the event of a refund or cancellation. FARECRAWLER.COM charges $50 plus supplier fees per ticket for refunds. Additional fees may be assessed by the supplier (airline-s) in the event of refund or cancellation. Refunds from our suppliers (airline-s) will be made to our customers only after we have received the money from those suppliers (airline-s).
Ticket Requests
All requests submitted, even if availability displays are provided, are requests only. Any requests that cannot be confirmed will receive notification by email. Only by the time you received the confirmation email that tickets have been issued, are tickets finally issued and the travelers credit card is charged then.
When you make your reservation request, if an electronic ticket cannot be issued, a paper ticket will be issued and shipped via FEDEX or USPS Express Service.
Paper ticket fees apply in that case.
Ticket restrictions
- All ticket purchases are final and cannot be cancelled, they are non refundable, non-exchangeable and non- transferable.
- Usually ticket exchanges once they are issued can not be made and will always incur substantial penalties, which may exceed the original cost of the ticket purchased.
- In some cases tickets do not qualify for upgrades (even using the airlines' miles) and flung standby for earlier or later flights will mostly not be permitted.
- Some of our discounted tickets do not allow for frequent flyer mileage accrual. Please check with individual airline for details
- Seat assignments can be arranged contacting the airlines directly or will be made at the airport on the day of departure.
- Tickets will not be sold to unaccompanied minors age 18 and under. Tickets may be purchased for minors age 18 and under; however, they must be accompanied by an adult when traveling.
- We require an U.S. Billing and Delivery address.
- All customers are advised to know the entry requirements for the country(ies) to which they are traveling or entering. That includes entry and visa requirement for airports where you only transfer to get to your final destination.. Reliable information regarding international travel can be found at travel.state.gov. com FARECRAWLER .COM shall not be obligated, in connection with its activity as an electronic conduit, to provide notice or information concerning any regulations with regard to passports, visas, customs or health. This being the case, the customer shall be solely and exclusively responsible for obtaining, in a timely manner, said information for the country of destination and/or any transit countries.
- Under no circumstances shall FARECRAWLER INC. be required to obtain visas or other documents, unless an agreement to that effect shall have been expressly entered into.
- Buying a ticket through FARECRAWLER.COM does not imply any guarantee of passenger's ability to enter the country of destination. Traveler understands that FARECRAWLER INC.. takes no responsibility for determining passenger eligibility to enter any specific country.
Shipping
By placing an paper ticket purchase order, the traveler, customer accepts the following shipping terms:
All paper tickets must be shipped within the domestic United States . Tickets will be shipped via FEDEX 2 Day Delivery. A $13.00 USD per ticket delivery fee applies. A $25.00 USD service charge will be assessed for overnight delivery within the continental United States . The charge to Alaska or Hawaii will be $25.00 USD for 2-day delivery and $30.00 USD for overnight delivery (when available). The charge will appear on your statement from Picasso travel.
Tickets can only be shipped to the Billing address of the credit card holder on whose card the ticket was purchased. We are unable to ship to A.P.O. or F.P.O. addresses, and no C.O.D orders can be accepted. If you wish to have your tickets mailed to a P.O. Box you will be charged an additional $22.00 USD. If you wish to have your tickets mailed to an address other than the billing address of the credit card you may fax you request to our credit department, along with a legible photocopy (front and back) of both your credit card and drivers license ID(or passport), your credit card billing address, your day and evening phone numbers, and your company name and address. A $10 processing fee applies and approval takes one (1) business day. If the delivery information you provide is incorrect you will be charged an additional $26.00 USD ($13.00 USD for FEDEX to return the ticket and $13.00 USD for OneTravel.Com to send the ticket to the correct address) for the delivery of your package.
In order to ensure delivery of your International tickets prior to your departure, we cannot accept bookings for travel within 4 business days of departure date.
In addition, if you sign up to receive our Farecrawler top travel deals emails, you will be asked to provide information such as your first name, email address, zip code and preferred departure city. In such cases, you agree to provide accurate, current and complete information about yourself as prompted by our Site. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You understand and agree that we will treat any such information in the manner described in our privacy policy the terms of which are incorporated herein.