CheapOair.com: Terms & Conditions  CheapOair.com: Terms & Conditions

 

Welcome to the CheapOair.com ("CheapOair," "we," "our," "us") website (collectively, the "Site"). Use of the Site is governed by the following terms and conditions.By using the Site you agree to these terms and conditions. If you do not agree with any part of these terms and conditions, you must not use the Site. We reserve the right to amend these terms and conditions at any time. All amended terms automatically take effect when these Terms & Conditions are updated. Your continued use of the Site following the posting of changes to the Terms and Conditions will mean you accept those changes. Please return to this page periodically to review any changes.
INTRODUCTION
CheapOair shall not be liable for failure of travel service suppliers, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers. CheapOair, in providing travel management services, does not guarantee or insure the services to be provided by any supplier, the financial position of such suppliers or the reimbursement to you from any loss experienced as a result of the financial condition of such supplier. In the event that a supplier defaults prior to providing the service to you for which payment has been made, the sole recourse for refund shall be with the defaulting supplier, from insurance covering such defaults if any or from other responsible third party unless such was caused by CheapOair.

In those situations in which a supplier defaults prior to providing services you may pursue any recourse against the supplier for refund, which may be permitted by law or statute. CheapOair warrants that it provides the highest standards of service in the trade and will use appropriate care in selecting suppliers so as to protect you from such default.

Except as expressly stated herein, CheapOair assumes no responsibility for actions relating to travel services beyond the control of CheapOair or its employees. CheapOair is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any supplier of Travel products. CheapOair shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to payment for such service.

CheapOair acts as a service bureau that provides value added service to retail travel agents and consumers. CheapOair has no control over and assumes no liability for the actions of the suppliers from whom it obtains Travel products.

Once tickets have been issued there may be a penalty involved for refunds. We do not have control over printed prices on the tickets, although some tickets may have BT (Bulk fare) printed on them, some may have a specific value on them, which may be different (lower or higher) than the fare collected.

Discounts offered may vary depending on a number of factors including Airlines utilized, class of service, destination, time of year (low, mid or high season), advance notice provided, minimum stay requirements fulfilled and flight load.

CheapOair does not guarantee, endorse, validate or promote other advertiser products and services that are advertised on this web Site.
 
LIMITATIONS OF LIABILITY/DISCLAIMER
Information contained in the Site (including text, graphics, links or other material) are provided on an "as is," and "where available" basis. CheapOair makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the Site or any related materials, products, services, or information. Under no circumstances, including, but not limited to, negligence, shall we, and/or our providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site. In no event shall we, and/or our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Site shall be at your own risk. We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting reservations or bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.).

INDEMNIFICATION
All Users agree to protect and indemnify CheapOair, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
  1. you or on your behalf in excess of the liability described above; or
  2. by third parties as a result of
    • your breach of these Terms and Conditions, notices or documents referenced on the Site;
    • your violation of any law or the rights of a third party; or
    • your use of the Site

RELEASE
If you have a dispute with travel service suppliers, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

PRIVACY
Please review our Privacy Policy, which also governs your visit to this Site to understand our practices. The CheapOair Privacy Policy will provide a description of how we use and protect your personal information. If you object to your information being transferred or used in this way please do not use our services.

SITE USAGE AND TICKET PURCHASE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others). You are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true and accurate. Further you also confirm that the traveler is not an unaccompanied minor. Without limitation, any exploratory, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of the Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of the Site may result in you being denied access to such facilities.

All offers, prices, and conditions of sale may be subject to:
  1. change without notice
  2. advance purchase, eligibility, seating, or other limitations
  3. travel days, dates, minimum or maximum stays, holidays, seasons, blackout dates, stopovers, and/or waitlisting restrictions
  4. reservation validation limitations of up to one year (if any extension permitted, penalties/restrictions may apply); and/or
  5. other conditions/restrictions
  6. Availability. Lower prices may be available.
  7. If your itinerary involves an ultimate destination or stop in a country other than the country of departure, the provisions of a treaty known as the "Warsaw Convention" may be applicable to your entire trip, including any portion entirely within the country of origin or destination. The Warsaw Convention governs and may limit the liability of certain air carriers for death of or personal injury to passengers and/or loss of or damage to baggage.
A reservation is not complete until confirmed/ticketed. To protect our customers, we verify with the credit/debit card company that the billing address and credit card verification number you provided to us is accurate and that your debit/charge will be accepted. Until such information is verified, the fare is subject to change. We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company or a travel provider or if, for any reason, the debit/credit card billing address and/or credit card verification number cannot be verified in a timely manner, nor are we responsible for any changes in fare or any other charges that may occur during our verification process. At times when the fare selected is not available an approval code may have been taken on your credit card, if the transaction is not completed the approval code may block your available credit for a time period until the bank removes the block.

LINKS
The Site provides links to other websites as a convenience to you, we do not endorse nor are we responsible for the contents of other websites. If you decide to access other websites you do so at your own risk.

REFUNDS
All of our tickets, hotels and fees are NON-REFUNDABLE, at times if you have applied for refund with us, we do not guarantee the time period it may take for the refunds to be processed. All refund requests are on REQUEST basis only, please contact after 72 hours to re-confirm if the refund or void request has been processed. Please allow another 60 days to reflect on your credit card after the re-confirmation that the refund request has been approved.

CREDIT CARD DECLINES
At the time of processing your transaction if your credit card declines, we will make all efforts to notify you by way of an email message within 3 business days. The transaction will not be processed if your credit card has declined. The FARE and any other booking details are NOT GUARANTEED.

CHANGES TO FLIGHTS ALREADY PURCHASED

Any and all changes made to the itinerary are restricted, all our tickets/hotels/cars/packages/cruises do not allow any date or name changes after the booking is completed. CheapOair.com does not guarantee, and shall not be responsible for, any bookings or reservations made or confirmed to you in the event that the original itinerary has been changed pursuant to customer's request.

For any itinerary where changes may be permitted an exchange fee is charged by us as mentioned below, plus Airline penalties and any fare difference. Please contact our call center to determine the total cost of exchanging your ticket. Our Ticket Exchange fees (not including airline fees and not including fare difference)- Domestic Travel - Departure beyond 10 days - 100 USD, Domestic Travel - Departure within 10 Days - 150 USD, International Travel - Departure beyond 10 days - 200 USD, International Travel - Departure within 10 days - 300 USD

Cancellations: All airline tickets are fully non-refundable. In certain cases where the Airline may allow cancellations, a credit may be available for future ticket purchase and travel on the same airline. Usually the credit is valid for a very limited time, which you should ask the agent. All such bookings where the cancellation may be permitted must be cancelled prior to departure of your first flight segment by calling our customer service agent. We do not guarantee any cancellations. A cancellation fee of USD 50 must be paid at the time of canceling the booking. The credit will be held for a very limited time period, please ask the agent for the specific date by when you must use this credit or you will lose the credit amount. When you are ready to make the new booking, you will have to pay fare difference (if any), applicable airline penalties for that fare and CheapOair exchange fees. All such changes are governed by the airlines rules and regulations, CheapOair does not provide any representations or guarantees on changes or fees.

Domestic Travel = US and CANADA

No additional representation is made for our exchange fees except that an agent will assist you in locating your desired new flights and attempt to re-book the new flights based on availability and other factors.



DISCOUNT OF AIRFARES
In accordance with the US Airline Deregulation Act, Open Sky Agreements, and subsequent codifications, discounting on air tickets is now legal. Due to our large volume, and numerous purchasing sources, we are allowed to bring you many published air fare prices for less than the carriers' published price. The value of discount may vary based on fare type, availability, seasonality, referral source and destinations.

PROMO CODES/COUPON CODES
  1. Valid only for Online purchases, may not be used over the phone.
  2. Sign up for our newsletter to receive Promo Codes/Coupon Codes by email.
  3. Maximum discount from Promo Code/Coupon Code is the value of our service fees and/or "Traveler Assist" fees [upto70%].
  4. Can not be sold or bartered, non transferable, no cash value.
  5. To receive value of discount, the valid code must be entered in the Promo Code/Coupon Code link on payment page. If code is not entered the coupon can not be redeemed and has no value. Due to technical problems, if the code is not accepted or Coupon link is not present, you have the right to not purchase the product, but in no circumstances will the credit be applied after purchase is made.
  6. Offer may be revised or withdrawn any time without notice, even if other sites are displaying the coupons.
  7. For all technical errors there is no recourse, you have the right to not make the purchase.
  8. If the discount is not applied due to any reason on the checkout/credit card page, the credit/discount value is lost and can not be applied later.
  9. If the offer is withdrawn, the Promo Code/Coupon Code becomes invalid and the system will not accept the code when entered. This is final and you have the right at that point to continue with original price or not continue with purchase.
  10. The final price displayed [with or without Promo Code/Coupon Code] will be the amount billed/charged and there will be no credits/discounts applied after purchase for absolutely any reason.

OUR FEES
ONLINE TRANSACTION BOOKING FEES    
On All Airfares purchased Online CheapOair charges a transaction booking service fee of USD 26* per person for all passenger types
U.S. Domestic and International
Travel
$26.00
Online Hotel transaction booking service fees - up to 32 USD per night, per room, Online Car rental transaction booking service fees - 15 USD per rental, Online Tour Package Booking Fees - 50 USD per person. All Transaction service fees are fully non-refundable.
* There are certain exceptions to the service fees for Flight bookings.
Exceptions to the Service fees policy:
  • Business and First Class Airfares, Multi Stop Airfares, High Fraud/High Risk Cities, Foreign Origination.
  • Business and First Class Airfares - Service fees are up to 150 USD per passenger for all passenger types.
  • Multi Stop Airfares - Service fees are up to 100 USD per passenger for all passenger types.
  • High Fraud/High Risk Cities - Service fees are up to 50 USD per passenger for all passenger types.
  • Foreign Origination (Originating outside US or Canada) - Service fees are up to 50 USD per passenger for all passenger types.

Service Fees - No representation is made for the service fees charged, it is only for site usage and booking creation. For phone booking fees as well, there is no representation or warranties except for using our phone agents assistance in searching various airfares and other travel products and making the booking.

Domestic Travel = US and Canada

International Travel = All foreign destinations
Passenger Types = Adult, Child, Infant, Senior, Student, Youth, Military

FARE CHANGES
At times, even after the confirmation of a reservation, the fare may change. We will notify you of any fare changes and we do not assume any responsibility - financial or otherwise for any such fare changes. We will notify you of the new fare and at that point you may either cancel or still purchase the product at the new cost.

TICKET DELIVERY
Most tickets are electronic (e-tickets), however with certain itineraries where an e-ticket is not available a paper ticket is made available. Please check the shipping charges before confirming the booking. If an e-ticket could not be issued for a particular reservation or if a delivery was being made of another product or service, CheapOair will send the paper ticket, product or service through a secure mode of delivery (a reputed courier company) and the applicable shipping charges debited to the credit card holder's account as per rates published on the Site. These shipping charges are displayed before you make the booking and you may select not to purchase the tickets to avoid shipping charges. CheapOair does not assume any responsibility for the fault of the delivery company. We will attempt to redeliver but do not provide any guarantees for redelivery on time. If you provide an incorrect address, then you may have to pay excess fees to the delivery company for alteration of the address. You will be billed to the credit card used for payment. If an e-ticket is generated the ticket information will be available on the Site.

CREDIT CARD PAYMENTS TERMS
  1. All credit cards must have verifiable US or Canadian billing address.
  2. If you are making an online purchase for another individual or entity please contact us at cauth@CheapOair.com with your requirements.
  3. If there is any issue with the credit card, we will notify you within 24 hours, submitting the credit card does not automatically guarantee ticketing.
  4. CheapOair bears no responsibility in the event your credit card is not charged by CheapOair. There can be a number of reasons for which credit card may not have been charged by CheapOair, such as: Airline did not confirm the booking, fare increased since payment information was submitted, insufficient funds available in the credit card, etc.
  5. CheapOair uses stringent safety measures for credit card payment processing. Fraudulent transactions if any, are reported to airport security, airlines and other federal and state organizations.
  6. You agree to be liable for any and all credit card payments disputes or other problems such as fraud made to us or the supplier on behalf of you or any individual you are representing. You agree to reimburse CheapOair in cases of fraud or charge backs.
  7. All credit card transactions over the phone to our Customer Service Department are recorded and are available as evidence in case of any dispute or for legal form of evidence.
  8. Online credit card transactions are authorized at the time a user or anyone acting on their behalf accepts these terms and conditions and provides an electronic signature.

TERMINATION
We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

SEVERABILITY
These terms and conditions are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

NO WAIVER
No failure on the part of CheapOair to enforce any part of these Terms and Conditions shall constitute a waiver of any of CheapOair 's rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by CheapOair nor the reliance of any person on CheapOair 's actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of CheapOair shall have any legal effect whatsoever.

DATA SCRAPING
If you abuse this Site with numerous scans, data scraping, or screen scraping, we reserve the right to terminate your access to this Site immediately.

BAGGAGE POLICY ON CONNECTING FLIGHTS
When there are two or more airlines involved for connecting flights then you may have to reclaim your bags at the connecting airport and check-in again to continue your journey. You are also advised that in these cases if you have excess baggage, you will have to pay any excess baggage fee assessed by each airline. Most airlines now charge baggage fees even for the first bag checked-In, we recommend traveling light to reduce these costs. To locate the fees on baggage check-in by airlines, please visit our "Contact Us " page or look for a link baggage fees on our website. Baggage fees range from 15 USD up to 50 USD or more depending on the size and weight of the bag and is per checked bag. These fees are to be paid directly to airline upon using such service. We make an effort to keep the baggage fees table updated but we recommend you contact the airline directly for the latest fees on check baggage and policy as it relates to baggage.

CREDIT CARD AUTHORIZATION FORMS
At times for HIGH RISK transactions such as one way International tickets, foreign origination tickets, we may need a Credit Card Authorization form to be filled out by the card holder; we do NOT guarantee that the fares may be valid until we receive the credit card authorization form filled out. All issued tickets are NON REFUNDABLE.
AIRLINES SCHEDULE CHANGES/FLIGHT CANCELLATIONS

CheapOair highly recommends that you re-confirm your flight schedules with the respective airlines at least seventy-two (72) hours prior to your departure. Please take note that many airlines make schedule changes with little notice and/or explanation. To find the phone number of the airline, please click here

If an airline has a change to any of its flights and such changes are within a 4 hour period of your original flight times, we will notify you of such change by email. We will attempt to contact you; however, due to various reasons if we are unable to get in touch with you, our email will serve as a final notice. For all such changes within a 4 hour period, tickets will remain non-refundable. Certain ticket types maybe non-refundable even when the schedule change is over 4 hours.

CheapOair does not assume any liability whatsoever for cancelled flights, flights that are missed, or flights not connecting due to any scheduled changes made by the airlines.

 
GENERAL RESTRICTIONS
All flights should be confirmed with the airline directly as they may have last minute schedule changes. We recommend that you do so at least 24 hours prior to departure for domestic flights (72 hours for flights to Hawaii and international destinations)

In most cases, upgrades and standbys will not be permitted.

Many of our discounted tickets do not allow for frequent flyer mileage accrual.

Seat assignments will be made at the airport on the day of departure or by contacting the airline directly.

Tickets will not be sold to unaccompanied minors age 18 and under. Tickets may be purchased for minors age 18 and under; however, they must be accompanied by an adult when traveling.

We reserve the right to cancel requests for high security risk areas.

All customers are advised to know the entry requirements for the country(ies) to which they are traveling or entering. Reliable information regarding international travel can be found at www.travel.state.gov.

CheapOair's sale of tickets to you does not imply any guarantee of passenger's ability to enter the country of destination. Traveler understands that CheapOair, Inc. accepts no responsibility for determining passenger's eligibility to enter any specific country.

A passenger's duty or departure tax may be assessed upon departure from some international destinations such as Mexico, and the United Kingdom and Australia. This is the passengers responsibly and is not collected by CheapOair upon purchase.

A $26.00 administrative fee will be charged for travel receipts requested after departure.
 
HUMAN ERROR OR CUSTOMER SERVICE AGENT’S ERROR

If any of our agents makes a mistake or any human error is made in the booking process we shall make reasonable attempts to rectify these errors at the time of occurrence. CheapOair stands committed to providing compensation up to a maximum of the entire service fees that CheapOair has collected for that booking in addition to a $ 10 free coupon as redemption towards purchases from CheapOair in the future. You must notify us of errors within 24 hours of receiving your itinerary. Beyond this 24 hour period, CheapOair will not be responsible for these errors.

 
ITINERARY RE-CONFIRMATION

It is the responsibility of the passenger who has booked with us online or has made booking over phone to review and reconfirm names, dates, flight numbers, airlines, routing including any airport changes are in accordance and acceptance of the passenger. If you discover any discrepancy or you don't agree, you are requested to immediately contact CheapOair over phone not over 4 hours from the time booking is made.

If we don't hear from you within 4 hours we shall consider the booking you have made to be acceptable to you and we do not assume any liability thereafter for any changes whatsoever.

You are requested to review and save the itinerary.

 
AUTHORITY TO SEND COMMUNICATION
By approving this transaction you are authorizing CheapOair to send you communication in the form of email, postal mail, instant messaging, phone call and any other form of electronic or paper communication. These communications will be primarily for customer service and may include special offers from time to time.
 
COPYRIGHT AND TRADEMARK NOTICES
© 2009 "CheapOair" and "CheapOair.com the only way to go!!" are registered trademarks. All rights reserved. © 2009 Fareportal, Inc. All rights reserved. Fareportal, Inc. owns the copyright of all material displayed on this website. Anyone accessing this website may view and print material from this website for information purposes only. Any copyright material of this website is strictly restricted to non-commercial use only and must include this copyright notice. Fareportal, Inc. is the owner of the trademarks CheapOair and CheapOair.com the only way to go!!. Other trademarks and service marks displayed on this website are the trademarks and service marks of their rightful owners.
DISPUTE RESOLUTION
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in the State of New York. Before resorting to this alternative, we strongly encourage you to first contact us directly to seek a resolution by emailing us at feedback@CheapOair.com.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

To the extent you have in any manner violated or threatened to violate the Site's intellectual property rights, CheapOair may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.
 
REGISTERED SELLER OF TRAVEL

CheapOair a registered seller of travel in each of the states listed below:

      California: CST #2073455,

      Florida: ST37449,

      Iowa: SOT #967,

      Nevada: SOT #2007-1137,

      Washington: WASOT #602755832

      (Affiliate DBA of Travelong, Inc.) CheapOair.com is covered under E&O insurance policy

      Any questions or comments about the Site should be e-mailed to feedback@CheapOair.com