January 1, 2013
Dreams and Destinations Travel requires that all the visitors to our website that provide travel related products, services and content adhere to the following terms and conditions. By accessing this site, you indicate your acknowledgment and acceptance of these notices, terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Dream Makers Vacation Services’ terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Dreams and Destinations Travel. “Party”, “Parties”, or “Us”, refers to both the Client and Dreams and Destinations Travel, or either the Client or Dreams and Destinations Travel. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on this website are provided by third parties, including, but not limited to, Suppliers as defined below (collectively, “Service Providers”). In addition, certain software and data found on this website are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
RELATIONSHIP
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and Dreams and Destinations Travel as a result of your use of our travel services, including this website. In our role as a travel agent and provider of this website, Dreams and Destinations Travel acts as an independent contractor. Dreams and Destinations Travel assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability your preferences and any agreements we have to book travel in accordance with your company’s travel policies. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
USE OF THIS WEBSITE
You may only use this website to make legitimate reservations or purchases and shall not use this website for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on this website, (b) deep link to any portion of the this website, without the prior written permission of Dreams and Destinations Services, or (c) use this website in violation of, or to violate, any law, rule or regulation.
You acknowledge and agree that you will not use, nor will you permit any use of, this website in conjunction with any of your activities or business by anyone that resides, stays or is accessing this website from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use this website in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless Dreams and Destinations Travel and the Service Providers for any breach of this “Use of Travel Site” section.
TERMS OF PURCHASE
Please note that separate terms and conditions dictated by the applicable supplier and/or Service Provider will apply to your reservation and purchase of products and services on this website. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier’s and/or Service Provider’s policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such supplier’s and/or Service Provider’s terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Dreams and Destinations Travel debiting your account for any costs Dreams and Destinations Travel incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of this website.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You agree to supervise all use of this website by minors using your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and correct. You understand that you are financially responsible for all uses of this website by you and those using your name or account.
NO WARRANTIES
Dreams and Destinations Travel and the service providers make no warranty of any kind regarding the travel site and/or any materials provided on the travel site, all of which are provided on an “as is” basis. Dreams and Destinations Travel and the service providers do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the travel site (much of which is provided by suppliers) 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. Neither Dreams and Destinations Travel nor any service provider warrants that the travel site, its servers or any e-mail sent from Dreams and Destinations Travel are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Such warranties give you specific rights which may vary from state to state.
DISCLAIMER REGARDING SUPPLIERS
The air carriers, hotels, car rental agencies, cruise lines, tour operators and other suppliers providing travel or other services on the travel site (“suppliers”) are independent contractors and not employees or agents of Dreams and Destinations Travel. Dreams and Destinations Travel acts solely as a sales agent for the suppliers and as such Dreams and Destinations Travel are not liable for the acts, errors, omissions, representations, warranties or negligence of any such suppliers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. Dreams and Destinations Travel shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majeure event or other cause beyond its direct control, and Dreams and Destinations Travel have no responsibility for any additional expense, omissions, delays, re-routing, acts or omissions of any governmental authority. The fact that Dreams and Destinations Travel includes or offers any product or service on the travel site does not mean Dreams and Destinations Travel is endorsing or recommending such product or service.
LIMITATION OF LIABILITY
Dreams and Destinations Travel and the service providers assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the travel site or your downloading of any materials, data, text, images, video or audio from the travel site. In no event shall Dreams and Destinations Travel or any service provider 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 the travel 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 the travel site for reservations or ticketing), or (c) the performance or non-performance by Dreams and Destinations Travel or any service provider, even if such party has been advised of the possibility of damages to such parties or any other party. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
If, notwithstanding the foregoing, Dreams and Destinations Travel or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of this website or its content, the liability of each of Dreams and Destinations Travel and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this website, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Dreams and Destinations Travel and without any liability whatsoever, Dreams and Destinations Travel at any time and without notice may terminate or restrict your access to any component of this website.
TRAVEL TO CERTAIN DESTINATIONS
While most travel — domestic and international — is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. Dreams and Destinations Travel urges users of this website to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit 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 destinations, Dreams and Destinations Travel does not represent or warrant that travel to such destinations is safe, advisable or without risk, and is not liable for any damages or losses that may result from travel to such destinations.
TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing Dreams and Destinations Travel with any personal information through this website for the purpose of registering on this website, or reserving or purchasing products or services, you consent to Dreams and Destinations Travel sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested.
INDEMNIFICATION
You shall defend and indemnify Dreams and Destinations Travel and any Service Providers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of this website.
MODIFICATION
Dreams and Destinations Travel and/or Service Providers may at any time modify (a) this website, including eliminating or discontinuing any content on or feature of this website, (b) any fees or charges for use of this website, and (c) these terms and conditions. Your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
COPYRIGHT NOTICE
Copyright and other relevant intellectual property rights exists on all text relating to the Dreams and Destinations Travels’ services and the full content of this website excluding outside links.
COMMUNICATION
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Dreams and Destinations Travel literature or via Dreams and Destinations Travel telephone and fax numbers.
Dreams and Destinations Travel is registered in P.O BOX 2703, Ashburn, VA 20147, USA.
GENERAL
The laws of the United States govern these terms and conditions. By accessing this website using our services you consent to these terms and conditions and to the exclusive jurisdiction of the Virginia courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Dreams and Destinations Travel to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Dreams and Destinations Travel.