vayama

Vayama Terms of Use


Welcome:



Thank you for visiting Vayama. Please review these terms of use, as well as our Privacy Policy (together, "the terms") carefully before using or obtaining any content, or purchasing any products, or services through our website. By accessing and using this website you agree to be bound by these terms. If you do not agree to our terms please do not use our website.

What we provide you:



At Vayama, we aim to provide you the most comprehensive and useful information available regarding your international flight and related travel plans. You will find information that will allow you to obtain the best available fares and book your flights (always subject to the carriers' terms, conditions and restrictions). We also provide useful information about your destinations, visa and health issues, and local transportation to and from the airports as well as lodging convenient to the airports. We have created and own much of the information you will find on the website; other information is obtained from the air carriers, travelpod.com as well as other third party providers, each of whom own their respective content.

What we agree to do:



We will use commercially reasonable efforts to make sure that all information on the website is as complete and accurate as possible. We will protect all personally identifiable information that you provide to us in compliance with our Privacy Policy. We will use commercially reasonable efforts to prevent viruses from entering the website or coming from it, but we cannot insure that the website will at all times be virus free.

Your right to use what we provide:



Vayama grants you the personal right to access and use the website in order for you to plan, book and purchase your airline tickets and to use the information provided in connection with the planning of your personal travel. Except for this limited license, you are not granted any other rights or license with respect to this website; we and our third party providers reserve any rights not expressly granted. You may not use the website to provide commercial or travel agency services to third parties.

What you agree NOT to do:



You agree that you will not do any of the following:

  • monitor, access, or copy any content or information of this website using any automated or manual process (including spiders and robots) without our express written permission;
  • circumvent any security measures installed on the website;
  • take any action that might affect the operation of the infrastructure of this website;
  • deep-link to any portion of the website;
  • use any portion of the website or the services for:
    • uploading, posting, emailing, transmitting, messaging or otherwise making available material that is unlawful, infringes or misappropriates a third party's intellectual property rights,
    • is harmful to minors in any way,
    • contains nudity or pornographic material,
    • promotes or provides instructional information about illegal activities, or promotes physical harm or injury against any group or individual.
  • provide false or inaccurate information
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.

What you will indemnify us from:



You agree to defend and indemnify Vayama and any of its providers, and each of their officers, directors, employees and agents from and against any claim, cause of action or demand, including reasonable attorneys' fees, in any action filed or commenced by any third party against Vayama as a result of (1) your breach of these Terms, (2) your violation of any law, regulation or the rights of a third party or (3) your use of the website.

What we are NOT responsible for:



The information, products and services on this website are provided "AS IS". Vayama and its providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Vayama makes no warranty, and expressly disclaims any obligation, that: (a) the website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of the website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations.

Limits on our liability to you:



Vayama (together with our officers, directors, employees, representatives, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the website or your downloading of any content from the website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any use of the website or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this website for reservations or ticketing), or (iii) the performance or non- performance by Vayama or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

We provide you information from and links to services offered by third parties:



This website may include links to other websites or display information concerning products and services offered by third parties, for example: airlines. Vayama provides these links for your convenience and does not have any control or influence over these websites. The existence of these links does not in any way imply, suggest, or constitute any affiliation between any such third party and Vayama. You should refer to the separate terms of use, privacy policies, and other rules posted on the third parties' websites before you use them. Vayama's display of specific options does not suggest a recommendation by Vayama of the third parties or their travel options. Your use of any third party's website or services accessed through the website is at your own risk, and Vayama will have no liability with respect there to.

An important note regarding air tickets:



Air carriers may be required to make available to the public the terms of their contract of carriage pursuant to Title 14, Part 253 of the Code of Federal Regulations. The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and 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), is prohibited by many air carriers. 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 third party 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

General:



These Terms are governed by the laws of California, without regard to its conflict of laws rules. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for the resolution of any disputes arising out of or relating to these terms, your use of the website and any purchase of products or services from Vayama. The parties expressly exclude the United Nations Convention on Contracts for the International Sale of Goods.

From time to time we may change or modify the terms, or impose new terms, including adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the website or by any means of notification by which you obtain actual knowledge thereof. Any use of the services after such posting or notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

If you object to any provision of these terms or any changes to these terms or become dissatisfied with the website in any way, your only recourse is to immediately terminate use of the website.

All contents of this website are: 2008 Vayama. All rights reserved. Vayama are not responsible for content on external websites. Vayama and the Vayama logos are registered trademarks of Airtrade International, Inc. in the US and in other countries. Other logos and company names mentioned herein may be the trademarks of their respective owners.

We encourage you to share your comments and questions with us. Please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Vayama. Vayama is a registered seller of travel in California. California registration number: 2081741-40 Registration as a seller of travel in California does not constitute the state's approval.

Thank you visiting Vayama. Please review our Terms and Conditions of Use carefully before using or obtaining any content, products, or services through our website.

Access and use of our website is subject to acceptance of The Terms and Conditions below. By accessing and using this site or any of its services, you are agreeing to all the terms, conditions, and notices in this site.

Changes to These User Conditions:



The user conditions of this website may be subject to change. Vayama advises you to check these pages regularly.

Purpose of This Website:



Vayama grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the site only as expressly permitted in these terms. Except for this limited license, you are not granted any other rights or license with respect to this site; any rights or license not expressly granted herein are reserved.

Unless we have granted you permission in advance and in writing, you may use the site only for your personal, non-commercial use, and not to provide services to a third party.

All information and materials, including but not limited to software, texts, data, graphic representations, illustrations, sounds, videos, logos, symbols or html code on this website, may only be used for exploratory purposes in order to offer the user the possibility to order products and services via this website.

Disclaimer:



Vayama will not be liable for any damages, arising out of or related to the use of, the inability to use, or the use of this website or a linked website as a starting point.

We make every effort to ensure the construction and operation of this website. All special offers on this website are free of obligations and no rights can be derived from these special offers.

Additional restrictive conditions of the service provider concerned may apply to all special offers on this website. Vayama will neither accept liability in the event that this information is missing, is incorrect or incomplete, nor if special offers on this website contain incorrect or incomplete information.

The information on this website is no expansion or adjustment of a possible contractual relation with the user, unless there is specific reference to this information on this website in the user's agreement.

Intellectual Property Rights:



You may use this website in accordance with the legal provisions with regard to intellectual property rights. All copyright and other intellectual property rights regarding this website in the broadest sense are owned by Vayama.

Without express, prior written permission of vayama.com you may not in any way distribute, sell, duplicate, copy or publish any material on this website or the underlying code, neither in its original nor in its modified form.

Vayama reserves the right to deny the user access to the information on this website.

Links to Other Websites:



This website may include links to other websites operated by third parties. Vayama does not have any influence on the information, products and services provided on websites of third parties. Vayama will not accept any liability for consequences of any kind arising out of the use of these websites.

Data Protection "Cookies":



Vayama may need certain personal details from you. These details will not be disclosed to third parties, unless required by law or the judicial authorities.

This websites uses so-called "Cookies" in order to record internet usage information. A cookie is a text file that can be sent to the user's computer via this website, after which it can be stored on the user's computer. These cookies serve to help users find the requested information and to tailor each visit to this website to individual preferences. A user can choose not to accept the storage of cookies on his / her computer, by setting the used internet software accordingly. As a consequence the user may not have access to some pages on this website.

User's Profile:



The user has the opportunity to create a profile on this website. The profile enables the user to easily order products and services via this website. The user indemnifies Vayama expressly against liability for damages, of any kind, which arise out of the authorized or unauthorized use of your username and password on this website.

User's Response



Vayama is in no way obliged to check the information sent to us via this website. The user warrants that all information and electronic attachments of this information, including email messages, will not breach the intellectual property rights or any other applicable law. By sending information, including electronic attachments (if any), you authorize Vayama irrevocably and unrestrictedly to use, process, illustrate, adjust and send such information and electronic attachments. Vayama reserves the right to use such information and electronic attachments in any desirable way.

Privacy and Security:



Your use of the site is subject to our Privacy Policy. By using our site you are agreeing that you have read our 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.

International Travel:



While most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We encourage you to review and evaluate travel advisories, prohibitions, and warnings, issued by the government and the aviation administration before booking travel to any international destinations.

By offering for sale travel to international destinations, Vayama does not represent or warrant that travel to such locations is advisable or without risk. Vayama does not accept liability for any damages, losses, or delays that occur due to the traveler having improper documents for entry, exit, length of stay, or from travel to such destinations.

Fees:



Vayama may charge a fee for the service provided when you book, and/or modify travel services through the site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the products and services available from the site.

Travel Terms and Services:



Reservations, bookings, and purchases


You agree to abide by The Terms and Conditions of purchase, including all cancel rules, imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage.


Vayama reserves the right to cancel a reservation and provide full refund of all charges on this request in case of fare errors, incorrect fare rules, system errors, availability problems, reservations not confirmed by carriers, and other technical issues that may prohibit Vayama from fulfilling a customer's reservation at the cost provided and in a timely manner. In these cases Vayama will always look for an alternative and when we find the fares to be higher than the original offer the customer has the right to decline the offer.

Dispute Resolution:



You and Vayama agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Vayama are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Vayama otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Vayama otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Vayama submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Vayama will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Vayama will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. If Vayama changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.vayama.com/) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Vayama's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Vayama in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

If you have questions about our Terms of Use, please contact us at:

Airtrade International, Inc.
333 W Santa Clara St.
Suite 800
San Jose, CA 95113
1.650.265.1856


Version 1.2 02/21/2012

 
Vayama.com is a first-of-its kind Web site that gives travelers a whole new world of choice in international air travel. With an extensive selection of airlines, flights and fares - many never previously available online - Vayama helps you find the best prices and schedule options for your international travel trip.
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