You agree (on your own behalf and on behalf of the other members of your traveling party) to the following terms and conditions, which form a contract between you and AffordableTours.com, LLC. DBA AffordableTours.com (the "Company" or "we").
The Company acts solely as an independent sales agent for the travel suppliers ("Suppliers") named in your itinerary or providing you with travel and related services ("Services") including without limitation any tour operator, cruise line, hotel, airline, transportation services provider, motorcoach operator, conveyance operator, ground handler, carrier, accommodations provider, local operator, travel supplier, travel protection or insurance companies and all other such Suppliers. You agree that the Company is not responsible for any acts, errors, warranties, representations, breaches, negligence or omissions of Suppliers, their failure to provide Services or adhere to their own schedules, their failure to pay any refund or for any personal injury, death, property damage, or other loss or expense, accident, delay, inconvenience or irregularity which may be caused by the Suppliers or any other party or occurrence not under the Company's sole control, including a flight cancellation, delay, or missed connection that causes you to miss all or any portion of a trip.
The Suppliers providing the Services are independent entities and are not agents, employees, contractors, servants, partners, or joint ventures of the Company. All travel documents and travel arrangements issued by the Company are subject to the terms and conditions specified by the Suppliers and to the laws of the countries in which the Services are supplied. In the event that the terms and conditions of particular Suppliers are incorrect, modified, or missing you agree to be subject and bound to the correct terms and conditions of the respective Suppliers.
The Company is not responsible for the decision of any insurer or insurance or administrator under the Travel Protection Plan (if travel insurance is purchased).
You hereby agree to release and hold harmless the Company from all claims, damages, losses, or expenses arising out of or in connection with the Services.
The Company has no special knowledge of the Suppliers, the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov, and click on "Travel Warnings" and "Travel Alerts". For medical 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(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You assume full and complete responsibility for all risks of travel and for complying with all laws of the country in the Itinerary. You hereby release The Company from all claims arising out of any problem covered in this paragraph.
Obtaining travel visas, valid passports, vaccines and other health and entry requirements is your sole responsibility. Some countries require that your passport's expiration date be later than six months after the last date of travel, and some countries require that you have at least two blank passport pages. Any name change to airline tickets may require airline reservations to be canceled and re-booked, and you agree to be responsible for any related expenses if the passenger names given to the Company are incorrect.
Packages with airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them.
For guided tours, you are also responsible for respecting the authority and following the directions of the tour guide during a tour. We may exclude you from participating in all or any part of the tour if, in our sole discretion, your condition or behavior renders you unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of tour services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the tour. Should you decide not to participate in certain parts of the tour or use certain goods included in the tour, no refunds will be made for those unused parts of the tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your or your companions' actions or omissions.
The Company reserves the right to cancel any paid booking or Services for any reason it deems necessary including errors and omissions of any party. You understand and agree that the Company's sole responsibility and liability in such an event will be a full refund of all of the monies paid in the purchase of the Services through the Company.
You understand and hereby agree to submit any and all claims in writing to the Company within 30 days after the completion of the trip, and to file any suit against the Company no later than one year after completion of the trip, and that the failure to timely do so shall result in the forfeiture of the right to such claim.
In no event, shall the Company be liable for other than the compensatory damages and you hereby waive expressly and knowingly expressly any right to incidental, consequential, and punitive damages.
You agree that any action or claim at law or in equity arising out of or relating directly or indirectly to the Services and to these terms and conditions shall be governed by the laws of the State of Texas, without regard to any conflict of laws provisions. You agree to file any such action or claim only in the courts located in Fort Bend County, Texas, and you hereby agree to such venue and consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action or claim.
All information, prices and availability listed in the Company's owned and controlled websites are subject to change without notice. You agree that the Company is not responsible for any typographical errors, itinerary errors or changes, incorrect prices or price changes or offer withdrawals listed the Company's owned and controlled websites or any content of an itinerary or travel reservation. If any provisions of these Terms and Conditions or any parts thereof are found to be unlawful, invalid, or unenforceable, then that provision or part thereof shall be deemed severable and struck from these terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. If the Company does not act in relation to a breach by you or others of these terms and conditions, this does not waive the Company's rights to act with respect to subsequent or similar breaches. The Company records some telephone calls for quality assurance and training purposes. You hereby agree and consent to such recordings of your telephone conversations. No employee, agent or representative of the Company has the authority to modify, waive, or alter any provision of these terms and conditions.
You agree to grant us (and third parties with whom we may engage in joint marketing) a worldwide, royalty-free, fully paid up license to use your photographic, video, or digital likeness solely for our promotional and/or commercial purposes. Facsimile transmission of any signed document shall be deemed delivery of an original. At our request, you shall promptly provide an original document as well. If there are any conflicts between these Terms and Conditions, the reservation form, and the itinerary, these Terms and Conditions shall apply. We reserve the right to decline to do business with anyone on a non-discriminatory basis.
Travelers needing special assistance: we will make reasonable efforts to accommodate the needs of our travelers; however, travelers needing special assistance for their personal needs must notify us at the time of booking for a determination of what assistance we can reasonably provide. In cases where we cannot accommodate a traveler's special needs, persons requiring this assistance must be accompanied by a companion who will be responsible for independently providing the needed assistance. We regret that we cannot provide special individual assistance to travelers with special needs for ordinary daily activities, such as walking, dining, and other special needs. In no instance will contracted personnel or we physically lift or assist clients on to or off of transportation vehicles.
TRIP CANCELLATION INSURANCE: WE STRONGLY ENCOURAGE YOU TO PURCHASE TRIP CANCELLATION AND INTERRUPTION INSURANCE INCLUDING MEDICAL EXPENSE COVERAGE TO HELP PROTECT AGAINST FINANCIAL LOSS FROM COVERED UNFORESEEN ACCIDENTS, COVERED ILLNESS AND OR LOSS OF BAGGAGE.
You agree to grant us permission and a world-wide royalty free fully paid up license in perpetuity to use any reviews you submit to us with your name included on our websites and other properties.
PLEASE READ THE FOLLOWING PRIOR TO USING THIS SITE:
Each end-user visitor to the Site ("User," "you" or "your") agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the text, brochures, audio, video, photographs, graphics, artwork, blog posts, testimonials, customer ratings and/or other AffordableTours.com® content featured on the Site, including information concerning AffordableTours.com® travel, cruise and tour packages (collectively, "Content"); (c) browses the Price Quotes (as defined below) posted on the Site and/or requests Price Quotes (collectively, "Price Quote Services") for one (1) or more travel, cruise and tour packages featured on the Site (collectively, "Travel Packages"), as made available and operated by our third-party tour/travel service providers ("Third-Party Travel Service Providers"); (d) registers and books a Travel Package through the Site ("Booking Services"); (e) purchases travel insurance featured on the Site ("Travel Insurance"), as made available and fulfilled by our third-party travel insurance service providers ("Third-Party Insurance Providers"); (f) accesses links to AffordableTours.com’s® social media pages/accounts featured on third-party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and YouTube® (collectively, "Social Media Pages"); (g) registers to receive AffordableTours.com® Price Quotes and other Travel Package information ("Newsletter"); (h) views her/his AffordableTours.com® vacation booking and/or adds services and/or other features to her/his booking, such as Travel Insurance, where available ("Booking Management Services"); (i) accesses certain message boards, comments sections, customer ratings and other interactive features of the Site (collectively, "Interactive Services"); (j) accesses information pertaining to our Refer-a-Friend program ("Referral Program"); and/or (k) utilizes the contact forms and/or other functionality as a means to contact, or request to be contacted by, AffordableTours.com® (collectively, "Contact Services," and together with the Site, Content, Price Quote Services, Travel Packages, Booking Services, Travel Insurance, Social Media Pages, Newsletter, Interactive Services, Booking Management Services and Referral Program, the "Site Offerings").
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM WHATSOEVER.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST AFFORDABLETOURS.COM®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY TRAVEL SERVICE PROVIDERS, THIRD-PARTY INSURANCE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "OVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").
Please be advised that by providing us your phone number you hereby provide express written consent authorizing AffordableTours.com LLC to contact you by telephone for marketing or other purposes, delivered via automated technology, to the phone number(s) that you provide to us. Your consent is not required to do business with us or purchase anything from us. To speak with a representative in order to purchase something without providing consent, please call 1-800-935-2620.
Please be advised that AffordableTours.com® does not itself offer, service or administer the Travel Packages, and the ultimate terms and conditions of any Travel Package made available via the Site Offerings will be determined by the applicable Third-Party Travel Service Provider. Without limiting the foregoing, you agree that AffordableTours.com® shall not be liable or responsible for any acts, errors, warranties, representations, breaches, negligence or omissions of any Third-Party Travel Service Provider, or for any personal injury, death, property damage or other loss or expense, accident, delay, inconvenience or irregularity in connection with any Travel Package, whether caused by the applicable Third-Party Travel Service Provider or any other party.
Please be advised that AffordableTours.com® does not itself offer, service or administer any Travel Insurance or related products and/or services, and the ultimate terms and conditions of any Travel Insurance made available via the Site Offerings will be determined by the applicable Third-Party Travel Insurance Providers.
All Price Quotes, Travel Package availability, Travel Package details/itinerary and other Content posted by and through the Site Offerings are subject to change without notice. For purposes of planning your travel, we recommend that you utilize the Site Offerings only as a starting point for your travel planning. All travel details published by and through the Site Offerings should be confirmed directly with the applicable Third-Party Travel Service Provider prior to making any definite travel plans and/or placing a deposit, which may be non-refundable in some instances. Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. AffordableTours.com® disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.
For foreign entry requirements, you may find additional information at: http://travel.state.gov/travel_warnings.html. For State Department travel advisories, you may find additional information at: http://travel.state.gov/travel_warnings.html. For foreign health requirements and dangers, you may find additional information at: http://www.cdc.gov/travel/index.htm.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). Pinterest® is a registered trademark of Pinterest, Inc. ("Pinterest"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). YouTube® is a registered trademark of Google, Inc. ("Google"). Please be advised that AffordableTours.com® is not in any way affiliated with Facebook, Google, Pinterest or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site Offerings. The Agreement constitutes the entire and only agreement between you and AffordableTours.com® with respect to your use of the Site Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. You understand and agree that AffordableTours.com® is not responsible or liable in any manner whatsoever for your inability to use the Site Offerings.
2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements; Necessary Equipment. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his respective jurisdiction), that individual does not have permission to use and/or access the Site Offerings. Users shall be responsible, at all times, for ensuring that they have a mobile device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Site and other Site Offerings. AffordableTours.com® does not guarantee that the Site and other Site Offerings can be accessed: (a) on all computers and/or mobile devices; (b) through all Internet/wireless service plans; and/or (c) in all geographical areas. AffordableTours.com® does not guarantee the quality, speed or availability of your computer and/or mobile device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Site and other Site Offerings. You are fully responsible for all such charges, and AffordableTours.com® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier
4. Site Forms. In order to utilize certain Site Offerings, you may be required to submit a registration form (collectively, "Form"). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Travel Insurance and/or a Travel Package); (f) your booking number, where using the Booking Management Services; (g) your passport information, where applicable; (h) your travel preferences; (i) your designated emergency contact and associated contact information; and/or (j) any other information requested on the Form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. AffordableTours.com® may reject your Form and/or terminate your Site account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation where AffordableTours.com® believes that you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.
5. Content. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Site Offerings. The Content is compiled, distributed and displayed by AffordableTours.com®, as well as third-party content providers, such as Third-Party Travel Service Providers and Third-Party Insurance Providers (collectively, "Third-Party Providers"). AffordableTours.com® does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. AffordableTours.com® does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that AffordableTours.com® will not be responsible for, and AffordableTours.com® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that AffordableTours.com® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
(a) Travel Insurance and Travel Packages. Where and to the extent made available by AffordableTours.com®, you can purchase Travel Packages and/or Travel Insurance by completing the applicable Form and providing the requisite Registration Data. Where you purchase Travel Packages and/or Travel Insurance, the credit card that you provided on the Form ("Payment Method") will be charged the amount listed, plus applicable sales tax. NOTWITHSTANDING THE FOREGOING, NOTHING ASSOCIATED WITH THE SITE AND/OR OTHER SITE OFFERINGS SHALL BE CONSTRUED TO BE AN OFFER TO SELL, OR A BINDING CONTRACT FOR, ANY TRAVEL PACKAGE UNTIL THE APPLICABLE TRAVEL PACKAGE BOOKING IS CONFIRMED IN WRITING BY/WITH THE APPLICABLE THIRD-PARTY TRAVEL SERVICE PROVIDER AND YOUR ASSOCIATED TRAVEL DEPOSIT HAS BEEN RECEIVED. UNLESS OTHERWISE INDICATED, ALL SALES OF TRAVEL PACKAGES AND TRAVEL INSURANCE ARE FINAL AND NON-REFUNDABLE.
(b) General Billing Provisions. Unless otherwise indicated on the Site, prices are quoted in U.S. Dollars, and are payable in U.S. Dollars. Failure to use the Travel Packages and/or Travel Insurance, as applicable, does not constitute a basis for refusing to pay for any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of AffordableTours.com® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), AffordableTours.com® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Travel Packages and/or Travel Insurance after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. AffordableTours.com’s® authorization to provide and bill for Travel Packages and Travel Insurance is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. AffordableTours.com’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
7. Price Quote Services. In connection with the Price Quote Services, Users can browse the Price Quotes posted on the Site and/or request Price Quotes to be provided via e-mail or telephone, for applicable categories/types of Travel Packages. Please be advised that the price quotes associated with the applicable Travel Package(s) (collectively, "Price Quotes") are provided to AffordableTours.com® directly from the applicable Third-Party Travel Service Providers. AffordableTours.com® does not represent or warrant that the Price Quotes are accurate, up-to-date or free of error, or that same will be honored by the applicable Third-Party Travel Service Providers. You understand and agree that AffordableTours.com® shall not be liable to you or any third party for any Price Quotes provided by any Third-Party Travel Service Providers.
8. Travel Packages. Users who complete the applicable Form can purchase certain Travel Packages directly on the Site and/or via the Contact Services/Price Quote Services. Please be advised that AffordableTours.com® does not itself offer, service or administer the Travel Packages, and the ultimate terms and conditions of any Travel Package made available via the Site Offerings will be determined by the applicable Third-Party Travel Service Providers. AffordableTours.com® does not involve itself in the agreements between Users and Third-Party Travel Service Providers or the actual provision of services in connection with the relationships created thereby. You understand and agree that AffordableTours.com® shall not be liable to you or any third party for any Travel Packages, products and/or services offered by any Third-Party Travel Service Providers.
9. Travel Insurance. Users who complete the applicable Form can purchase the Travel Insurance where available. Please be advised that AffordableTours.com® does not itself offer, service or administer any Travel Insurance or related products and/or services, and the ultimate terms and conditions of any Travel Insurance made available via the Site Offerings will be determined by the applicable Third-Party Travel Insurance Providers. AffordableTours.com® does not involve itself in the agreements between Users and Third-Party Travel Insurance Providers or the actual provision of services in connection with the relationships created thereby. You understand and agree that AffordableTours.com® shall not be liable to you or any third party for any Travel Insurance, products and/or services offered by any Third-Party Travel Insurance Providers.
10. Booking Management Services. Users who purchases a Travel Package through the Site, Contact Services and/or Price Quote Services may be able to review the Travel Package details and utilize certain products, services and other features associated with same (collectively, "Booking Management Services") by and through the Booking Management Services interface. Please be advised that the Booking Management Services associated with the applicable Travel Package(s) are made available by the applicable Third-Party Travel Service Providers. AffordableTours.com® does not represent or warrant that the Booking Management Services accessible through the Site are accurate, up-to-date or free of error, or that same will be honored by the applicable Third-Party Travel Service Providers. You understand and agree that AffordableTours.com® shall not be liable to you or any third party for any Booking Management Services made available by any Third-Party Travel Service Providers.
11. Interactive Services.
(a) User Content. In connection with the Interactive Services, Users may be able to upload and/or post certain comments, reviews, ratings, content, material, communications, feedback and/or other information (collectively, the "User Content"). By making the User Content available by and through the Interactive Services or otherwise through the Site Offerings, each User provides to AffordableTours.com® a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, User acknowledges and agrees that AffordableTours.com® shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting the Site Offerings to third parties. Each User represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, AffordableTours.com® may reject and/or remove any User Content at any time and for any reason, in AffordableTours.com’s® sole discretion. Notwithstanding the foregoing, AffordableTours.com® undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Site Offerings. Each User and third-party agrees that AffordableTours.com® shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.
(b) User Content Restrictions. In connection with the User Content, each User agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) "stalk" or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, end-users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any end-users or other third parties; (vii) express or imply that any statements it makes are endorsed by AffordableTours.com®; (viii) harvest or collect personal information of end-users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) "frame" or "mirror" any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of AffordableTours.com®. AffordableTours.com® reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
12. Referral Program. AffordableTours.com® may, from time-to-time, make a referral program available to Users that grants Users the ability to earn gift cards, money and other awards ("Referral Program"). Each User participating in the Referral Program (each, a "Referrer") will be provided with the opportunity to refer prospective new Users to AffordableTours.com® ("Referrals") via the e-mail referral form made available on the Site. As currently offered by AffordableTours.com®, each Referrer will receive a gift card in the amount of either Fifty Dollars ($50.00), One Hundred Dollars ($100.00) or Two Hundred Dollars ($200.00) for each unique Referral who mentions that Referrer’s name and books a Travel Package in excess of One Thousand Dollars ($1,000.00) (excluding port charges, taxes, government fees and security fees) and does not receive a refund for the Travel Package or otherwise charge back the amount spent (each, an "Award"). The exact amount of the Award varies depending on which Third-Party Travel Service Provider the Referral books the Travel Package through, as further detailed in the Referral Program Terms as made available on the Site. Already-existing Site Users and/or Users who had previously purchased a Travel Package (or who share a household with a User who had previously purchased a Travel Package) at any time, will not count as Referrals.
(a) As a Referrer, your activities in connection with generating Referrals ("Referral Activities"), and the materials used by you in connection with same ("Creative"), must: (i) comply with all applicable laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers," as amended; (ii) not infringe upon any third party intellectual property or other proprietary rights; (iii) include prominent disclosures that you stand to gain financially where the prospective Referral(s) make(s) qualifying Travel Package purchases; and (iv) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials ("FTC Guidelines").
(b) AffordableTours.com® reserves the right to invalidate any Awards awarded to you for any Prohibited Conduct. For purposes of the Agreement, "Prohibited Conduct" is defined as those instances where you engage in any of the following: (i) any Referral Activities via facsimile or telemarketing; (ii) any Referral Activities in connection with mobile telephones or portable electronic devices conducted via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (iii) violations of the terms of service of, or Abusing, Social Media Websites, such as Facebook®, in connection with your Referral Activities (for purposes of the Agreement, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes, making any automated use of systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (iv) any unlawful activity; (v) any fraudulent or deceptive activity; and/or (vi) any conduct that AffordableTours.com® reasonably objects to.
(c) You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references, or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of AffordableTours.com®; (iii) piracy (of software, videos, audio/music, books, video games, etc.), hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.
USERS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL, SEPARATE USER ACCOUNTS UNDER ALIASES IN ORDER TO ADD THEMSELVES AS REFERRALS AND EARN AWARDS IN CONNECTION WITH THOSE ADDITIONAL USER ACCOUNTS ("SELF-REFERRAL").
REFERRALS MUST CLICK THROUGH THE REFERRAL LINK IN ORDER FOR THE REFERRER TO EARN AWARDS. IF A PROSPECTIVE REFERRAL DOES NOT REGISTER VIA THE REFERRAL LINK, THAT PROSPECTIVE REFERRAL SHALL NOT BE CONSIDERED A REFERRAL AND THE PROSPECTIVE REFERRER WILL NOT RECEIVE ANY CORRESPONDING AWARDS.
AFFORDABLETOURS.COM® RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL AND/OR ANY ASSOCIATED AWARDS WHERE AFFORDABLETOURS.COM® DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE REFERRAL: (i) IS A SELF-REFERRAL; (ii) WAS GENERATED USING ANY FRAUDULENT OR DECEPTIVE METHOD; (iii) WAS GENERATED IN BAD FAITH; OR (iv) WAS OTHERWISE GENERATED IN VIOLATION OF THESE RULES.
13. Social Media Pages. The Site contains links to the various AffordableTours.com® Social Media Pages. The Social Media Pages are hosted and made available on third-party websites ("Social Media Websites") by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that AffordableTours.com® shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
14. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. AffordableTours.com® may terminate this license at any time for any reason. Unless otherwise expressly authorized by AffordableTours.com®, you may only use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by AffordableTours.com®. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. You may not create any "derivative works" by altering any aspect of the Site Offerings. You may not use the Site Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by AffordableTours.com®. You further agree to indemnify and hold harmless AffordableTours.com® for your failure to comply with this Section 14. AffordableTours.com® reserves any rights not explicitly granted in the Agreement.
15. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The "AffordableTours.com" name and logo are trademarks of AffordableTours.com, LLC. All trademarks, brand names, custom graphics, icons and service names associated with the Third-Party Travel Service Providers, Third-Party Travel Insurance Providers and Travel Packages are the intellectual property of their rightful owners. The use of any AffordableTours.com® trademark without AffordableTours.com’s® express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the Site Offerings by AffordableTours.com® does not constitute a waiver of any right in or to such information and/or materials.
16. Copyright Policy/DMCA Compliance. AffordableTours.com® reserves the right to terminate the account of any User who infringes upon third-party copyrights. If any User or other third-party believes that a copyrighted work has been copied and/or posted via the AffordableTours.com® Offerings in a way that constitutes copyright infringement, that party should provide AffordableTours.com® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for AffordableTours.com’s® Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
Fax: (212) 216-9559
17. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and AffordableTours.com® will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Indemnification. You agree to indemnify and hold AffordableTours.com®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Site Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Third-Party Travel Service Provider and/or Third-Party Travel Insurance Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 18 are for the benefit of AffordableTours.com®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
19. Disclaimer of Warranties. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AFFORDABLETOURS.COM® MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC TRAVEL-RELATED BENEFIT AND/OR COST SAVINGS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AFFORDABLETOURS.COM® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFFORDABLETOURS.COM® OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFFORDABLETOURS.COM® SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFFORDABLETOURS.COM® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY SPECIFIC TRAVEL-RELATED BENEFIT AND/OR COST SAVINGS; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE AFFORDABLETOURS.COM® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF AFFORDABLETOURS.COM® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR AFFORDABLETOURS.COM® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AFFORDABLETOURS.COM®. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF AFFORDABLETOURS.COM® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Third-Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and the websites of the Third-Party Travel Service Providers and Third-Party Insurance Providers. AffordableTours.com® does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by AffordableTours.com® of the applicable website or any association with the website’s operators. Because AffordableTours.com® has no control over such websites or resources, you agree that AffordableTours.com® is not responsible or liable for the availability or the operation of such external websites or resources, for any material located on or available from or through any such websites or resources or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that AffordableTours.com® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any material available on or through any such site or resources, or any associated dealings or promotions.
22. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
24. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Houston, Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles).You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against AffordableTours.com® or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and AffordableTours.com® and/or any Covered Party including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) you agree to submit the dispute for resolution by arbitration before the American Arbitration Association in Houston, TX, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association (the "AAA"); and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit and/or class arbitration as to any claim, dispute or controversy that you may have against any Covered Entity and/or AffordableTours.com® (including its employees, officers, directors, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that AffordableTours.com® and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits and/or class arbitrations: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
25. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. AffordableTours.com® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
26. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].
27. Contact Us. If you have any questions about the Agreement, the Site Offerings or the practices of AffordableTours.com, please feel free to contact us using the most convenient method set forth on the Contact Us page of the Site.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). Pinterest® is a registered trademark of Pinterest, Inc. ("Pinterest"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Google Analytics® and YouTube® are registered trademarks of Google, Inc. ("Google"). Please be advised that AffordableTours.com® is not in any way affiliated with Facebook, Google, Pinterest or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
Your California Privacy Rights
AffordableTours.com® will never share, sell, rent, exchange or barter your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your personal information with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your personal information is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please call us at: (800) 935-2620; e-mail us at: [email protected]; or send us U.S. mail to: AffordableTours.com, 11150 Cash Rd., Stafford, TX 77477.
Your Nevada Privacy Rights
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please call us at: (800) 935-2620; e-mail us at: [email protected]; or send us U.S. mail to: AffordableTours.com, 11150 Cash Rd., Stafford, TX 77477.
Additional Rights Applicable to Canadian Users
We are committed to providing transparency to our Users with respect to our compliance practices associated with Canada’s Anti-Spam Legislation, and its implementing rules and regulations ("CASL"). The types of commercial electronic messages ("CEM") that we may send to our Users from time to time could include email and/or text messages sent, as well as messages sent to our Users’ Social Media Website accounts. We send CEM regarding your use of the Site Offerings (including to provide you with requested Price Quotes and/or the Newsletter) and/or with information regarding other AffordableTours.com® products and/or services that we think may be of interest to you.
If you have received a CEM from us, it is because: (a) you have previously provided your express consent, as required by CASL; (b) we have your implied consent, strictly as permitted under CASL; or (c) the type of CEM sent is exempt under CASL. Without limiting the foregoing, a CEM sent by us would be exempt if the CEM or the relationship between you and AffordableTours.com® includes any of the following: (i) you have a personal relationship or a family relationship with the AffordableTours.com® employee who contacted you; (ii) the CEM was sent by AffordableTours.com® to you in order to respond to your request or inquiry (including, without limitation, your request for Site Offerings and/or other AffordableTours.com® products and/or services); (iii) the CEM was sent by AffordableTours.com® to you, in order to enforce a legal right or obligation (for instance, if you have an outstanding debt, breached the Terms, etc.); (iv) the CEM only facilitates or confirms a transaction; (v) the CEM only provides you with AffordableTours.com® data security information; and/or (vi) the CEM only provides you with information about your ongoing use of the Site Offerings during the prior two (2) year period.
If you have received a CEM, and you believe that you should not have, please contact us immediately at: [email protected] in order to unsubscribe and we will remove your electronic address from our list within ten (10) business days.
Personal Information Collected
We collect personal data when you access certain of the Site Offerings and complete the required information request Form and/or otherwise provide such information to us. The information that each User must supply on the applicable Form may include, without limitation: (a) the User’s name; (b) the User’s mailing/billing address; (c) the User’s e-mail address; (d) the User’s telephone number; (e) the User’s credit card information (where purchasing Travel Insurance and/or a Travel Package); (f) the User’s passport information, where applicable; (g) the User’s booking number, where using the Booking Management Services; (h) the User’s travel preferences; (i) the User’s designated emergency contact and associated contact information; and/or (j) any other information requested on the Form.
Use of Personal Information
Other than as expressly permitted hereunder, AffordableTours.com® will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. Notwithstanding the foregoing, we may share your personal information: (a) with the applicable Third-Party Travel Service Provider(s) in connection with your Travel Package purchase, request for Price Quotes, use of the Booking Management Services and to otherwise facilitate the provision of the applicable Site Offerings to you; and (b) with the applicable Third-Party Travel Insurance Provider(s) in connection with your Travel Insurance purchase.
Further, by making your personal information available to AffordableTours.com®, you grant AffordableTours.com® the right, subject to applicable law, to use that personal information to contact you regarding your use of the Site Offerings (including to provide you with requested Price Quotes and/or the Newsletter) and/or with information regarding other AffordableTours.com® products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the "Opt-Out/Unsubscribe" section below.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the provision of the applicable Site Offerings to you, including in connection with customer service and to otherwise respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We reserve the right to release current or past personal information (including Sensitive Information and Referral Information): (A) in the event that we believe that the Site Offerings are being or have been used to commit unlawful acts; (B) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if AffordableTours.com® is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.
Non-Personal Information Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.
In general, Users may also be able to disable some, or all, of this tracking activity by utilizing the "Do Not Track" setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.
Cross Device Tracking
AffordableTours.com® tracks Users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. AffordableTours.com® may collect certain of your personal information across various devices.
AffordableTours.com® reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing personally identifiable information.
Credit Card Transactions
Social Media Websites and Interactive Services
If you engage in any interaction with AffordableTours.com®, other Users or any third party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the personal data that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other Users of these mobile applications/websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where AffordableTours.com® responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of AffordableTours.com’s® social media accounts.
We are not responsible for the personal data that you choose to submit on, or link to, any Social Media Pages or via the Interactive Services. The Social Media Pages operate independently from AffordableTours.com®, and we are not responsible for such Social Media Pages’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Pages’ privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to their applicable privacy notices or policies.
This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites and the websites of the Third-Party Travel Service Providers and Third-Party Insurance Providers. AffordableTours.com® is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and AffordableTours.com® has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Data and when we store and transmit such Sensitive Data, that personal information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. AffordableTours.com® does not knowingly solicit or collect information from visitors under eighteen (18) years of age. AffordableTours.com® encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: [email protected].
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from AffordableTours.com®, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to AffordableTours.com®, as applicable.
Individual Rights: Deleting, Modifying and Updating Your Personal Information
At your request, we will: (a) inform you of what personal information we have on file for you, in a machine-readable format; (b) amend the personal information that we have on file for you; and/or (c) completely remove personal information that you have provided to us, or that we have collected, from our servers/databases. You may make such a request by e-mailing us at: [email protected]. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.
Transfer of Personal Information Internationally
Filing a Complaint with the Federal Trade Commission
To file a complaint regarding our privacy practices, please Click Here.
Credit Card Guarantee
Your credit card is protected whenever you make a purchase or reservation on AffordableTours.com. If any unauthorized charges appear on your credit card statement within 12 months of your last AffordableTours.com transaction, report this fraud to your credit card provider and contact us immediately.
Most credit card companies cover all charges resulting from credit card fraud, or may limit your responsibility to $50, the maximum allowed under the Fair Credit Billing Act.
You don't have to submit your credit card over the Internet.
Call 1-800-935-2620 and we can take your payment over the phone. Future payments for the booking can be made by only giving us the last four digits of that credit card number.