EFFECTIVE DATE: December 10, 2012
PURCHASE OF SERVICES
Your purchase of products and services and your access to certain features and programs made available through the Web Site may be subject to certain additional terms and conditions and may require that you expressly agree to such additional terms and conditions as are applicable to the provision of such access and the purchase of products and services, including Porter Escapes’ reservation and booking terms and the terms and conditions of our suppliers relating to their services made available through www.porterescapes.com.
We act solely as agent for the suppliers identified on accompanying documentation (including material displayed online on the Web Site) whose services are being arranged for you. The travel services provided by suppliers are subject to the terms and conditions contained in the tickets, brochures, exchange orders or vouchers issued by them. Familiarize yourself and your travel companions with the suppliers' 'terms and conditions of sale'.
Suppliers are independent parties over which we have no control. The information and description given about suppliers are based on our inquiries and are believed to be accurate, but we make no warranty or representation in respect thereof. We cannot be responsible for breach of contract, failure to comply with any laws, or any intentional or negligent actions or omissions on the part of such supplier(s), which result in any loss, damage, delay, inconvenience or injury to you, your traveling companions or group members.
All purchases from Porter Escapes, including those completed through the Web Site, are subject to Porter Escapes Terms and Conditions, as amended from time to time, which are available for review at www.porterescapes.com/Travel-Tools/Terms-and-Conditions.
USE OF THE WEB SITE
You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or any Site Content from the Web Site or for any other purpose in connection with your access to and use of the Web Site. You agree not to take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Web Site or to shut down, overload or overwhelm the Web Site. You agree not to obtain or attempt to obtain unauthorized access to any secure part of the Web Site or data available on or through the Web Site to which you are not expressly authorized to access or obtain.
In order to make reservations and purchases through our Web Site you have to be 18 years old or older and you agree to pay for all charges noted on our Web Site as payable by you. For greater certainty, you acknowledge and agree that you are exclusively liable for all obligations incurred as a result of use of this Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through this Web Site by persons using your personal profile sign-in information and password.
Porter Escapes makes every effort to ensure that the Content on our Web Site is complete and current. However, Porter Escapes does not guarantee that the information contained on our Web Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. Porter Escapes reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Porter Escapes reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order or reservation is cancelled as described in this paragraph, Porter Escapes shall promptly issue a credit to your credit card.
LINKS TO THIRD PARTY SITES
All product, brand and company names and logos and trade-marks displayed on the Web Site or used in connection with the products and services displayed or referred to on the Web Site are the trade-marks of Porter Escapes or its suppliers or third party licensors. Any use of any of such names, logos or marks appearing on the Web Site without the express written consent of Porter Escapes or the owner of the trade-mark, as applicable, is strictly prohibited.
JURISDICTION AND GOVERNING LAW
Porter Escapes provides the Web Site and Site Content on an “as is” and “as available” basis and without any representations or warranties of any kind or nature whatsoever, express or implied, including but not limited to (a) . The use of the Web Site is at your own risk. While Porter Escapes makes reasonable efforts to ensure that the Site Content contained on the Web Site is accurate and up-to-date, Porter Escapes does not and cannot guarantee that Site Content (including, without limitation, fare and pricing information, flight schedules, particulars of travel amenities, promotional information or travel restrictions) is accurate or complete or current at all times. Porter Escapes disclaims, and You hereby waive, any and all warranties and liabilities of Porter Escapes, whether express or implied, arising by operation of law or otherwise, with respect to our Web Site or any other internet site linked to our Web Site and any content on our Web Site or any other internet site linked to our Web Site, including, but not limited to, any: (a) Implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty of non-infringement; and (c) any claim in tort (including negligence). All Site Content on any of the Web Site is subject to change or removal at any time without notice, at the sole discretion of Porter Escapes. Without limiting the foregoing, you acknowledge that Porter Escapes does not represent or warrant that this Web Site will be accessible without interruption or that this Web Site or the server that makes this Web Site available are free from errors, defects, design flaws or omissions or from viruses or other harmful components.
On this Web Site, Porter Escapes provides access to travel-related services provided by third parties that Porter Escapes does not control. Porter Escapes is not responsible for breach of contract or any intentional or negligent action on the part of such third party suppliers which results in any loss, damage, delay or injury to you or your travel companions. Porter Escapes does not guarantee any such suppliers' rates, bookings, reservations, connections, scheduling or protection of personal belongings, unless the word "guaranteed" is specifically stated on your tickets, travel itinerary or invoice. Furthermore, Porter Escapes assumes no responsibility for overbooking, cancellation or delays for hotels, airlines or cruises.
Travellers who use the Web Site assume full responsibility for, and hereby release Porter Escapes from any duty of checking or verifying any passport, visa, vaccination or other entry requirements for chosen destinations. Travellers are also fully responsible for verifying all safety and security conditions for each destination. You agree that Porter Escapes is not responsible for any potential risks and hazards associated with travel to destinations listed on the Web Site. Without limiting the generality of the foregoing, Porter Escapes assumes no responsibility for standards of hygiene, cuisine, sanitation, medical treatment or telecommunications services. Nor is Porter Escapes responsible for any political instability, terrorist activity, war, social or labour unrest, civil disturbances, arbitrary changes in government policies, local laws or customs, climatic conditions, methods of conducting business, military activity or emergency evacuation methods. By embarking on travel arranged through, or utilising information contained on, the Web Site, you voluntarily assume the risks associated with such travel.
Porter Escapes shall not be responsible for any damage to or loss of luggage or personal items. PORTER ESCAPES STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE. All incidents of damaged, lost or stolen luggage should be reported in writing directly to your insurance company. You should contact Porter Airlines to find out the maximum luggage and carry-on requirements and allowances, as excess luggage may be subject to additional charges by Porter Airlines.
Some of the Web Site content that refers to transportation, hotel accommodations, restaurants and other services is the property of, and is supplied by, independent suppliers are not be under our control. Porter Escapes does not verify, and does not guarantee, the accuracy of the information that we receive from third party vendors, including suppliers of transportation and accommodations. All information, prices and availability are subject to change without notice.
Porter Escapes cannot and does not guarantee or warrant that the Web Site or any Site Content is compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems.
Although the Web Site may be accessible worldwide, the products or services discussed or referenced on the Web Site may only be made available or applicable to certain geographic locations or where they may be legally offered for sale.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PORTER ESCAPES SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, CONCERNING THE ACCESS TO, OPERATION OF AND CONTENT PROVIDED ON THE WEB SITE INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PORTER ESCAPES MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE WEB SITE OR THE SITE CONTENT PROVIDED ON, OR ACCESSIBLE FROM, THE WEB SITE. PORTER ESCAPES DOES NOT WARRANT THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS CAN OR WILL BE CORRECTED. PORTER ESCAPES IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN, OR THE SECURITY OF INFORMATION VIA, TRANSMISSIONS OVER THE INTERNET.
LIMITATION OF LIABILITY
IN NO EVENT WILL PORTER ESCAPES OR ANY OF ITS DIVISIONS OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, LOSS OF PROFITS, IN CONNECTION WITH THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR THE USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION CONTAINED ON THE WEB SITE, WHETHER OR NOT PORTER ESCAPES OR ANY OF ITS DIVISIONS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE TO USE THE WEB SITE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION HAS FOUND PORTER ESCAPES LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEB SITE, THEN THE TOTAL AGGREGATE LIABILITY OF PORTER ESCAPES TO YOU SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
English shall be the language of the Web Site, and all contents, information and communication in connection with the Web Site, and the parties waive any right to use and rely upon any other language or translations.
Il est la volonté express des parties que le présent site internet et tous les documents, informations et communications qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.