Terms & Conditions

Terms & Conditions

By signing or clicking �I Agree� on our website as part of the booking process, you hereby agree to the following terms and conditions, on behalf of yourself and all members of your traveling party. These terms and conditions form an agreement between you and fareiva, a New York corporation doing business as fareiva (�we�, �our�, or �us�).

1. RESPONSIBILITY We act only as an agent for the airlines and other suppliers of travel services shown on your itinerary. We are not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts. Nor are we responsible for any omissions, delays, failures to make connections, re-routings, or acts of any governmental authority, or for damage and/or delay due to causes beyond our control such as labor disputes, bankruptcy, defaults, mechanical breakdowns, pandemics, epidemics, quarantines, government restraints, weather problems, volcanic activity, earthquakes, terrorism, or threat of terrorism. Each supplier has its own terms and conditions that are applicable to your particular arrangements in addition to this Agreement.

2. FOREIGN ENTRY REQUIREMENTS AND HAZARDS

We have no special knowledge regarding foreign entry requirements, unsafe conditions, terrorism, health hazards, weather hazards, supplier bankruptcies, or the suitability for a disabled person of any portion of any trip. For information concerning possible dangers at destinations, we recommend going to the State Department travel website at www.travel.state.gov. For information about passports and visas, and possible dangers at your destinations, go to: https://travel.state.gov/content/travel.html, click on "Find International travel Information� then click on "Country Information", and fill in the name of the destination country. For medical and health information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Many countries require your passport to be valid for six months beyond the date of entry.

3. TICKETING AND EXCHANGE FEES

You agree to pay us a ticketing fee of up to $450.00 per ticket booked through the website. If we must issue a new ticket in exchange for a ticket already issued, you also agree to pay us a fee of up to $450.00 for the exchange.

4. TICKETING, CHANGES AND REFUNDS

For all trips, you must have made full payment before we release the tickets or documents. You acknowledge and understand that airlines can increase their prices at any time before tickets are issued. You hereby consent to any such price increases and authorize your credit card to be used for them. Once we forward your payment to the airline or other travel supplier, your tickets and other travel arrangements become non-refundable and non-changeable, and you will not receive any refund if you cancel or change your booking. If the travel supplier cancels or reschedules for any reason, we may extend a credit toward a future trip to the same geographical region in our sole discretion. The foregoing is our sole responsibility in connection with the supplier�s cancellation or rescheduling of any trip. If you miss your flight, missed flights are not refundable, and changes or replacement flights will be at the discretion of the airline. In some cases, we may be able to help you, but in most cases you will not be provided with a replacement flight unless the airline itself allows it. If all or any portion of an itinerary is not used for any reason, payment is forfeited.

5. SCHEDULE CHANGES AND FLIGHT DELAYS

Schedule changes are quite common today. We urge you to re-check exact flight times prior to departure and prior to your return. Flight delays are also common today. If your domestic flight or your US-originating foreign flight on a US airline is delayed for any reason, the airlines are not required by law to compensate you or pay for your enroute expenses, such as meals, hotels, taxes and phone calls. WE STRONGLY RECOMMEND TRAVEL INSURANCE FOR ALL YOUR TRAVEL PLANS.

6. CHECK YOUR ITINERARY

As soon as you receive your booked itinerary, check it thoroughly to make sure it is correct as to dates, times, fares, and rates. We recommend that you check your itinerary periodically and take note of any schedule changes. We have no responsibility for losses and inconvenience arising from your failure to check your itinerary prior to your departure date.

If you have any questions or concerns about your itinerary, or if your ticket is not honored for any reason, you must contact us immediately at info@fareiva.com DO NOT CONTACT THE AIRLINE DIRECTLY. Direct contact with any third-party, including the airlines on which your travel is booked, may result in cancellation of your booking. If your ticket is not honored, we will replace your ticket with an acceptable alternative of equal value or more within 24 hours, offer a full refund, or provide other alternative options within 24 hours.

7. FREQUENT TRAVELER POINTS AND MILES

Frequent traveler points or miles, upgrades, certificate vouchers and other discounts or incentives may not apply to all flights, hotel stays, or other travel services. Please refer to the checkout page for eligibility and award accrual on your selected itinerary. Users will be prompted for a frequent flyer number on all eligible itineraries.

8. BOOKING FRAUD AND NON-USE OF FLIGHT SEGMENTS

You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law. You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city", or "back-to-back tickets". You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary. You agree to indemnify us against airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.

9. FOREIGN CURRENCY

Purchases made on this website are transacted exclusively in United States Dollars (USD). If you make a purchase from us using a non-USD-denominated credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, the charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact USD amount initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.

10. CREDIT CARD PAYMENTS

When you submit your credit or debit card for a purchase, we request an authorization for the amount of your anticipated transaction (placing a temporary "hold" on the funds). If for some reason we are unable to confirm your booking, you will not be charged and we will request that such hold be released by your credit or debit card bank; until then, funds subject to the hold will not be available to you for other purposes. We bear no responsibility in the event your credit or debit card is not approved or charged.

We use stringent safety measures for credit card payment processing. Fraudulent transactions, if any, are reported to airport security, airlines, and other federal and state law enforcement.

You agree to be liable for any and all credit card payments. Please do not dispute the entire credit card charge or initiate a chargeback due to any act or omission of any airline or other supplier; otherwise, we will have to absorb a big loss. If a supplier does not provide the service or ceases operations, your recourse is against the supplier, not us Most credit card transactions over the phone to our Customer Service Department are recorded and are available as evidence in case of any dispute. When certain transactions are determined to be high risk by our systems, we will not process such transactions unless our credit card verification team has determined that it is safe to process them. In order to establish validity of such transactions, we may contact you or your bank. As our client, you hereby appoint us to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase and issue airline tickets, tours, cruises, and hotel guarantees for late arrival. You authorize any of the attorneys-in-fact to sign credit card authorizations for said purchases whenever any of them receives an Internet booking request reasonably believed to be from you or someone acting on your behalf, requesting those tickets be charged to this credit card account. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney. At our request, at any time before or after your trip, you agree to sign a credit card charge form and to send us any proof of your identity that we may require. If we suspect that an attempted charge is fraudulent, we retain the right to void the transaction immediately.

Advertised airfares and hotel prices are inclusive of all taxes and fees. However, because a supplier may separate taxes and fees, you may see charges on your credit card from both these suppliers and us. Please contact us for additional information if you have questions.

12. WARRANTY DISCLAIMER

THE WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT IT MAKES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, PROMOTIONS, AND ADVERTISEMENTS ON THIS SITE (OR SENT TO YOU VIA E-MAIL) PROVIDED BY, ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR OTHERWISE ORIGINATING FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, OUR USERS, TRAVEL AUTHORS AND EXPERTS, THIRD-PARTY WEBSITES, DATABASES, TRAVEL AGENTS, VENDORS, AND MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION, PROMOTIONS, AND ADVERTISEMENTS MAY NOT BE ACCURATE, CORRECT, OR UP-TO-DATE. YOU (AND NOT WE) ASSUME THE RISK THAT SUCH INFORMATION IS INCORRECT. WE HAVE. NO RESPONSIBILITY TO (AND ARE NOT LIABLE FOR FAILURE TO) CHECK THE ACCURACY THEREOF PRIOR TO MAKING SUCH THIRD-PARTY INFORMATION AVAILABLE TO YOU. WE DO NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED BY YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS, REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO ANY OF THE PRODUCTS YOU MAY PURCHASE FROM A THIRD-PARTY VENDOR OR WEBSITE THROUGH THE WEBSITE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. CORRECTION OF ERRORS

The information published on this website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the travel products displayed on this website (including, without limitation, the pricing, photographs, lists of hotel amenities, and general product descriptions), much of which information is provided by our suppliers. In addition, we expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such an 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.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, COMPUTER FAILURE OR MALFUNCTION, DISRUPTION OR CANCELLATION OF TRAVEL PLANS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY CONTAINED IN THESE TERMS & CONDITIONS DOES NOT APPLY TO YOU FOR DAMAGES ARISING OUT OF OUR NEGLIGENCE OR WILLFUL MISCONDUCT OR ANY OTHER CAUSE OF ACTION ARISING FROM OUR ACTS BUT DOES APPLY TO THE ACTS OR OMISSION OF OTHERS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY CIRCUMSTANCES WILL NOT EXCEED $1,000.00 OR YOUR ACTUAL, OUT-OF-POCKET COSTS AND DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

15. COMPLIANCE WITH LAWS

Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting and its services within the United States, its territories, possessions and protectorates. We make no representation that materials in the website are appropriate or available for use in other locations outside the United States. Neither the website nor any underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the website you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the website.

16. OWNERSHIP RIGHTS

This website is owned and operated by us. The website is protected by United States copyright law and international treaty provisions. You should assume that everything you see, read, or hear on this website and third-party websites is copyrighted. You acknowledge that no title to the intellectual property in the website is transferred to you. No material from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon the website or materials contained therein, in whole or in part. In the event you download software from the website, the software, including any files, images and data incorporated therein, are licensed to you by us. The collection, organization, and presentation of information and materials from this website and other linked sites are protected under applicable intellectual property laws. The trademarks, service marks, trade names and logos on this website and third-party sites are our intellectual property, whether registered or unregistered, and other third parties. All rights not expressly licensed hereunder are reserved by us or the respective property owners.

17. PROHIBITED USE

You agree not to use this website for any purpose that is unlawful or prohibited by these Terms and you agree to respect other users of this website. You violate our acceptable use policy when, in addition to any violation of the terms previously mentioned, you, your affiliates, representatives, or subsidiaries engage in any of the following prohibited activities:

* posting, publishing, transmitting, advertising, or displaying on this website or otherwise making available child pornography, or materials that may be considered profane, offensive, obscene, defamatory or otherwise inappropriate;

* using this website for the purposes of spamming (i.e. distribution of unsolicited and unauthorized advertisements or other commercial materials);

* defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights, including but not limited to privacy rights, of others;

* purposefully or recklessly posting, publishing, or otherwise making available on the website incorrect or inaccurate information;

* using this website in violation of intellectual property rights, or rights of privacy or publicity, of others; or * uploading files that contain viruses, corrupted files, worms, Trojan horses, or other software or programs with similar effects that may damage, delay, or disrupt the operation of another's computer, computer network, or other related equipment, or distributing information regarding the creation or use of viruses, worms, Trojan horses, pinging, mail bombing or denial-of-service attacks.

18. NO AGENCY OR PARTNERSHIP

No relationship between us and any third parties, including but not limited to travel agents, travel experts, writers, and our users, whether or not they share in our revenues and/or profits, who post, publish, view, receive, or utilize information and/or materials in this website shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability.

19. GOVERNING LAW, DISPUTE RESOLUTION, AND EXCLUSIVE JURISDICTION

The parties agree to attempt to settle any dispute arising under this Agreement through good-faith consultations and negotiations. In the event that an informal resolution of a dispute is not reached, then the Parties agree that this Agreement shall be governed by the laws of the State of New York without regard to its conflicts of laws principles. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN NEW YORK COUNTY, NY, USA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. The prevailing party shall be entitled to reasonable attorney�s fees

20. MISCELLANEOUS

If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible to effectuate the intent of this Agreement, and the remainder of these Terms shall continue in full force and effect. You warrant that you possess all legal authority to use this website in accordance with these Terms. These Terms, in addition to the Privacy Policy available in this website, constitute the entire understanding and agreement between you and us with respect to all matters relating in any way to the use of this website. We reserve the right to change these Terms, delete terms or add new terms. It is your responsibility to check these Terms periodically. Your continued use after changes, deletions, or additions have been made shall constitute your acceptance thereof. These Terms are personal to you, and you may not assign these Terms or your rights or obligations there under to a third party without our prior express written consent. Our rights under these Terms may be assigned, and its duties may be delegated. You consent to our recording of phone calls for quality control and fraud-prevention purposes. Any rights not expressly granted herein are reserved.