1. IMPORTANT - PLEASE READ. By purchasing or using the CheapOair e-Giftcard (“e-Giftcard”), you are agreeing to these Terms and Conditions("Terms"). "You" and "your" refer to the person who purchased the e-Giftcard and/or the person who is using the Card."We," "our" and "us" refer to Fareportal, Inc. d/b/a CheapOair and its subsidiaries and licensees (collectively “CheapOair”). If these Terms change, CheapOair will post the revised Terms on our web site at www.CheapOair.com/giftcards. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site. Unless we state otherwise, the change, addition or deletion will apply to your future and existing e-Giftcards. You are deemed to accept the chances, additions or deletions if your e-Giftcard used after such notice. These terms are the complete and exclusive statement of agreement between you and CheapOair, and supersedes any and all prior information, proposals and all agreements regarding CheapOair e-Giftcards.
2. 3% ACTIVATION FEE BUT NO INACTIVITY OR DORMANCY FEES.
CheapOair charges an activation fee of 0% of face value of the e-Giftcard, at the time of purchase, unless prohibited by law. For example if you want to purchase an e-Giftcard with a value of $100, you will be charged $103. Due to restrictions on such activation fees, we are unable to offer e-Giftcards in the states of Hawaii, New Mexico and Vermont. CheapOair e-Giftcards do not incur inactivity or dormancy fees and do not expire.
3. GENERAL TERMS. The CheapOair e-Giftcard is issued to you by Fareportal Inc. and is made available for purchase only on airfare purchased on cheapOair.com in denominations between $ 25 and $ 1000. The dollar value that you purchase in connection with an e-Giftcard is a pre-payment for the goods and services provided by CheapOair.com. e-Giftcards are not redeemable for cash(except as required by law), cannot be transferred and cannot be redeemed until payment is verified. The e-Giftcard is not a credit card nor credit line and no deposit account is associated with it. The card is not available for resale. Void where prohibited or restricted by law. The value associated with the e-Giftcard is not insured by the Federal Deposit Insurance Corporation. Unless otherwise required by law or permitted by this agreement, any amount purchased in connection with an e-Giftcard is non-refundable, and may not be redeemed for cash. No interest, dividends, or any other earnings on funds loaded to any e-Giftcard will accrue or be paid or credited to you.
4. REDEEMING e-GIFTCARDS.
CheapOair e-Giftcards are redeemable toward the purchase of airline tickets reservations available for purchase on CheapOair.com. e-Giftcards are redeemable only online at www.CheapOair.com, by entering the unique code you were provided with in the e-Giftcard confirmation e-mail sent to you by CheapOair along with your information, at the time of purchase. If the purchase price is greater than the value of the e-Giftcard, the difference must be paid with a major credit card at the time of booking. CheapOair's terms and refund policy governs all purchases made with the e-Giftcard.
5. ACCOUNT BALANCES; BILLING ERRORS; CORRECTIONS.
You can check the balance of your e-Giftcard by accessing www.CheapOair.com/giftcards/giftcard/managegiftcard. CheapOair reserves the right to correct the balance of your e-Giftcard if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your e-Giftcard. CheapOair shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
You are responsible for all transactions associated with it, including unauthorized transactions. We are not responsible for any loss or damage resulting from lost or stolen e-Giftcards or use without your permission. If your e-Giftcard is lost or stolen, it cannot be replaced or refunded.
CHEAPOAIR AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CHEAPOAIR E-GIFTCARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN THE EVENT THAT CHEAPOAIR OR ITS AFFILIATES ARE FOUND LIABLE TO YOU FOR ANY REASON, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR E-GIFTCARD. CHEAPOAIR AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE PURCHASE OR USE OF THE E-GIFTCARD, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF CHEAPOAIR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHEAPOAIR OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CHEAPOAIR E-GIFTCARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
7. RESOLUTION OF CLAIMS OR DISPUTES.
CheapOair hopes to make you a happy customer and most customer concerns can be resolved quickly and to the customer's satisfaction or e-mail us by using our Customer Assistance Form. If however, there is an issue that needs to be resolved ,this section describes how both of us will proceed. Any claim or dispute between you and us arising out of or relating in any way to the e-GiftCard or these Terms shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort,fraud,breach of contract,misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship: claims that may arise after the termination of these Terms and claims related to direct marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. Limitation of Legal Remedies. We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual(and not a class-wide) basis, and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent to the following address:
135 W 50th Street,Ste. 500,New York, NY 10020
Attn: Customer Service
Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under these Terms shall be conducted pursuant to the American Arbitration Association's (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer- Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under these Terms shall be conducted in the State of New York or in the location in which you received these Terms or in your home state. For any non-frivolous claim that does not exceed $25,000, we will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, we further agree that any hearings may be held by telephone. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses. Choice of Law. These terms concern a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C.A 1 at seq. Use of the e-Gift card is governed by the laws of the State of New York.
8. ASSIGNMENT. CheapOair may assign all or part of these Terms without such assignment being considered a change to the agreement and without notice to you. Following assignment, CheapOair is released from all liability. The assignee will have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
9. CREDIT CARD PROCESSING. To ensure that your credit, debit or charge card is not being used without your consent, CheapOair uses stringent safety measures for credit card payment processing. Fraudulent transactions, if any, are reported to federal and state law enforcement agencies. We may need to verify your name, address and contact number supplied by you during the payment process against appropriate third party databases. By accepting these Terms & Conditions you agree and authorize us to carry out such verification checks as stated herein. In performing these checks, you acknowledge and concur that such personal information you provide to us may be disclosed to a registered Credit Reference Agency which may keep a record of such information in whole or in part. Rest assured this verification process is performed for the sole purpose to verify and confirm your identity, and that this process does not perform a credit check, and your credit rating will not be affected whatsoever. In case of verification failure, we reserve the right to cancel the transaction at any point of time. Online credit card transactions may be authorized at the time a user or anyone acting on their behalf accepts these Terms & Conditions and continues with the purchase.
10. SEVERABILITY. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.