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Leopard Trax Web Site Terms &
Conditions
Agreement between User and Alaskan
Leopard Enterprises, Inc.
Leopard Trax™ is owned and operated by
Alaskan Leopard Enterprises, Inc. ("Leopard Trax", "Alaskan Leopard", or
"we"). This web site ("Site") is intended for personal, noncommercial use.
This Agreement describes the terms and conditions applicable to the
services available through this Site. This Agreement describes your
responsibilities and, among other things, limits the liability of Leopard
Trax.
BEFORE SUBMITTING A "NAME YOUR PRICE"
OFFER FORM AND/OR USING ANY OF THE SERVICES OFFERED OR DESCRIBED ON THIS
SITE, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS
OF THIS SITE, USER ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND WITHOUT
LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND
CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT").
If at any time you do not agree with
any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Leopard
Trax reserves the right, in its sole discretion, to amend, modify, or
alter this Agreement at any time by posting the amended terms on this
Site. We recommend that you review these terms and conditions
periodically. The amended terms shall be effective from and after the date
that they are posted on the Site. This Agreement may not otherwise be
amended except in writing signed by both parties. Leopard Trax
incorporates herein, by reference, its Privacy Policy.
WITHOUT LIMITATION OF ANY OTHER
PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE
THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE
ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY
IN ALASKAN LEOPARD'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL
TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR
FOR ANY OTHER REASON, OR NO REASON.
Table of Contents
Part I:
General Terms and Conditions
Copyright Notice
Trademark Notice
Acceptable Use/License
Online Form Submission
Privacy Policy
Disclaimer of Warranties
General Limitation of Liability
Indemnification
Third Parties
User Comments, Feedback and Other Submissions
Response to Requests
Links to Other Web Sites and Services
Modification/Termination of Usage
Pricing Errors
Electronic Notification
International Use
Hyperlinks
Miscellaneous
Part II: Travel Services
A. General
B. Airline Service Restrictions
C. Accommodation Service Restrictions
D. Rental Car Service Restrictions
E. Packaged Tours and Customized Tours Restrictions
F. Tours and Attractions Restrictions
G. Deposits, Payments, Cancellations and Refunds
H. Travel Service Disclosures
Part I
General Terms and Conditions
Copyright
Notice
You, the User, acknowledge that all
content included on this Site, including the information, data, software,
photographs, graphs, video, typefaces, graphics, music, sounds, images,
illustrations, maps, designs, icons, written and other material
(collectively, "Content") and the arrangement and compilation of the
Content are intellectual property and copyrighted works of Leopard Trax
and/or its third-party providers including, without limitation, the
airline, accommodations, rental car companies and other travel suppliers
that provide travel or other services through this Site ("Providers").
Reproduction or storage of information or works retrieved from this Site,
in all forms, media and technologies now existing or hereafter developed,
is subject to the U.S. Copyright Act of 1976, Title 17 of the United
States Code and all applicable international copyright treaties and
conventions, including without limitation, the Berne Convention and the
Universal Copyright Convention.
Trademark
Notice
"Leopard Trax" and "Alaskan Leopard"
and "NAME YOUR PRICE" are registered service marks of Leopard Trax. Other
product and company names identified on this Site may be the name,
trademark, trade name, service mark, logo, symbol or other proprietary
designation of Leopard Trax or a third-party. The use on this Site of any
name, trade name, trademark, service mark, logo, symbol or other
proprietary designation or marking of or belonging to any third-party, and
the availability of specific goods or services from such third-party
through this Site, should not be construed as an endorsement or
sponsorship of this Site by any such third-party, or the participation by
such third-party in the offering of goods, services or information through
this Site.
Acceptance Use/License
Alaskan Leopard grants you a limited,
personal, nontransferable, non-sublicensable, revocable license to access
and use this Site only as expressly permitted in this Agreement. Except
for this limited license, we do not grant you any other rights or license
with respect to this Site; any rights or license not expressly granted
herein are reserved. The content and information on this Site (including,
without limitation, price and availability of travel services), as well as
the infrastructure used to provide such content and information, is
proprietary to Leopard Trax or its suppliers and providers. Accordingly,
as a condition of using this Site, you agree not to use this Site or its
contents or information for any commercial or non-personal purpose (direct
or indirect) or for any purpose that is unlawful or prohibited by this
Agreement. While you may make limited copies of your travel itinerary (and
related documents) for travel or services purchased through this Site, you
agree not to modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell or re-sell any information, software, products, or services obtained
from this Site. In addition, whether or not you have a commercial purpose,
you agree not to:
a. access, monitor or copy any
content or information of this Site using any robot, spider, scraper or
other automated means or any manual process for any purpose without
express written permission of Leopard Trax;
b. violate the restrictions in
any robot exclusion headers on this Site or bypass or circumvent other
measures employed to prevent or limit access to this Site;
c. take any action that imposes,
or may impose, in the discretion of Leopard Trax, an unreasonable or
disproportionately large load on the Leopard Trax infrastructure; or
d. deep-link to any portion of
this Site (including, without limitation, the purchase path for any travel
services) for any purpose without express written permission of Leopard
Trax.
e. deliver any unlawful
(according to local, state, federal, or international law or regulation)
postings to or through this Site, or any postings which advocate illegal
activity.
f. deliver, or provide links to,
any postings containing material that could be considered harmful,
obscene, pornographic, indecent, lewd, violent, abusive, profane,
insulting, threatening, tortuous, harassing, hateful or otherwise
objectionable.
g. deliver or provide links to,
any postings containing material that harasses, victimizes, degrades, or
intimidates an individual or group of individuals on the basis of
religion, race, ethnicity, sexual orientation, gender, age, or disability.
h. deliver or provide links to,
any postings containing defamatory, false or libelous material.
i. deliver any posting that
infringes or violates any intellectual property or other right of any
entity or person, including, without limitation, copyrights, patents,
trademarks, laws governing trade secrets, rights to privacy, or publicity.
j. deliver any posting to that
you do not have a right to make available under law or contractual or
fiduciary relationships.
k. impersonate another person or
entity or falsely state or otherwise misrepresent your affiliation with a
person or entity, or adopt a false identity if the purpose of doing so is
to mislead, deceive, or defraud another.
l. manipulate identifiers,
including by forging headers, in order to disguise the origin of any
posting that you deliver.
m. use this Site in any manner
which could damage, disable, overburden, or impair or otherwise interfere
with the use of this Site or other users' computer equipment, or cause
damage, disruption or limit the functioning of any software, hardware, or
telecommunications equipment.
n. attempt to gain unauthorized
access to this Site, any related website, other accounts, computer system,
or networks connected to this Site, through hacking, password mining, or
any other means.
o. obtain or attempt to obtain
any materials or information through any means not intentionally made
available through this Site, including harvesting or otherwise collecting
information about others such as email addresses
p. You may only use this Site to
make legitimate reservations, purchases or requests to purchase the
products or services offered (each, a "Request") and shall not use this
Site to make any speculative, false or fraudulent Requests or any Requests
in anticipation of demand. You represent that you are of sufficient legal
age to create binding legal obligations for any liability you may incur as
a result of your use of this Site. You agree to provide correct and true
information in connection with your use of this Site and you agree to
promptly update your membership information (if applicable) in order to
keep it current, complete and accurate. It is a violation of law to place
a Request in a false name or with an invalid method of payment. Please be
aware that even if you do not give us your real name, your web browser
transmits a unique Internet address to us that can be used by law
enforcement officials to identify you. Fraudulent users will be prosecuted
to the fullest extent of the law.
q. Alaskan Leopard reserves the
right to cancel any airline, accommodation or rental car reservation or
any other transaction that it reasonably believes to have been
fraudulently made, including without limitation, by unauthorized use of a
credit or debit card.
Online Form Submission
You may utilize this Site by
completing any one of several online forms and providing us with current,
complete, and accurate information as requested by the online form. It is
your responsibility to maintain the currency, completeness and accuracy of
your submitted data, and any loss caused by your failure to do so is your
responsibility.
Privacy
Policy
You confirm that you have read our
Privacy Policy, the terms of which are
incorporated herein, and agree that the terms of such policy are
reasonable and satisfactory to you. You consent to the use of your
personal information by Leopard Trax and/or its third-party providers and
distributors in accordance with the terms of and for the purposes set
forth in the Privacy Policy. To the extent permitted by law, Leopard Trax
makes no representation or warranty with regard to the sufficiency of the
security measures used for data handling and storage. Leopard Trax will
not be responsible for any actual or consequential damages that result
from a lapse in compliance with the Privacy Policy because of a security
breach or technical malfunction.
Disclaimer of Warranties
UNLESS A PROVIDER HAS AGREED
OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE
THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
LEOPARD TRAX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEOPARD TRAX DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR
NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. LEOPARD TRAX DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR
ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
LEOPARD TRAX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY
PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND
RELATED GRAPHICS CONTENT.
LEOPARD TRAX IS NOT RESPONSIBLE FOR
ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED
TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE
TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER
TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO
WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST,
(II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR
SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF
PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY
PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL LEOPARD TRAX, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS,
SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING,
PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS
(COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY
WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS,
BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR
INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF
THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL
INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY
SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE;
(VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER
SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT
OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES
HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE
SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION,
PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF
LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A
COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Further, to the extent permitted by
law, the Covered Parties accept no responsibilities for any damage and/or
delay due to Provider cancellations, shortages, sickness, pilferage, labor
disputes, bankruptcy, machinery breakdown, quarantine, government
restraints, weather, terrorism or causes beyond the Covered Parties'
control. No responsibility is accepted for any additional expense,
omissions, delays, re-routing or acts of any governmental authority. No
Covered Party shall be responsible for any Provider's breach of any
warranty including, but not limited to, implied warranties of fitness for
a particular purpose or of merchantability, nor shall any Covered Party be
responsible for any other wrongdoing of a Provider (including any
liability in tort), as to any products and/or services available through
this Site. No Covered Party shall be responsible for any Provider's
failure to comply with this Agreement nor for any Provider's failure to
comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a
Covered Party is found liable for any loss or damage relating to the use
of this Site, User agrees the liability of any such party shall in no
event exceed the total charge to the User assessed by Leopard Trax for
making a Request. Some states, to the extent their law might be deemed to
apply notwithstanding the selection of Connecticut law as described below,
do not allow the limitation of liability, so the foregoing limitations
might not apply to you.
Indemnification
You agree to defend and indemnify
Alaskan Leopard, their 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 (i) by you or
on behalf in excess of the liability described above; or (ii) by third
parties as a result of:
a. your breach of this Agreement
b. your violation of any law or
the rights of a third party; or
c. your use of this Site.
Third
parties
If you use this Site to submit
Requests for or on behalf of a third-party ("Third-party"), such as a
family member or a traveling companion, you are responsible for any error
in the accuracy of information provided in connection with such use. In
addition, you must inform the Third-party of all Terms and Conditions
applicable to all products or services acquired through this Site
including all rules and restrictions applicable thereto. Each User using
this Site for or on behalf of a Third-party agrees to indemnify and hold
each Covered Party harmless from and against any and all liabilities,
losses, damages, suits and claims (including the costs of defense),
relating to the Third-party's or the User's failure to fulfill any of its
obligations as described above. You are directly responsible for any
Request submitted including for total charges and performance obligations.
User
Comments, Feedback, and Other Submissions
All comments, feedback, suggestions
and ideas disclosed, submitted or offered to a Covered Party in connection
with your use of this Site (collectively, "Comments"), shall be and remain
the exclusive property of Leopard Trax and may be used by a Covered Party
in any medium in accordance with our Privacy Policy. By providing your
Comments to a Covered Party, you shall be indicating your consent to the
Covered Party's use of your Comments. For example, your Comments could be
used on this Site and in radio, television, and print advertisements. Your
first name, first initial of your last name, and town and state may be
used with any Comments you submit. The information and opinions expressed
in Comments on this Site are not necessarily those of Leopard Trax or its
content providers, advertisers, sponsors, affiliated or related entities,
and Leopard Trax makes no representations or warranties regarding that
information or those opinions. Leopard Trax does not represent or
guarantee the truthfulness, accuracy, or reliability of any Comments or
determine whether the Comments violate the rights of others. You
acknowledge that any reliance on material posted by other users will be at
your own risk. No Covered Party is under any obligation to maintain your
Comments (and the use of your first name and first initial of your last
name with any comments) in confidence, to pay to you any compensation for
any Comments submitted, or to respond to any of your Comments. You agree
you will be solely responsible for the content of any Comments you make.
Response to Requests
While Leopard Trax will use its good
faith efforts to respond to Requests within the time periods indicated on
this Site, no guarantee is made that the status of your Request will be
made available to you within the stated processing time. None of the
Covered Parties is responsible for any errors or delays in responding to a
Request including, without limitation, error or delays in responding to a
Request caused by an incorrect e-mail address or other data provided by
you or other technical problems beyond their control.
Links to Other Web
Sites and Services
To the extent this Site contains links
to outside services and resources, any concerns regarding such services or
resources should be directed to the particular outside service or resource
provider. Leopard Trax does not monitor or control the linked sites and
makes no representations regarding, and is not liable or responsible for
the accuracy, completeness, timeliness, reliability, or availability of
any of the content upload, displayed, or distributed, or products or
services available at these sites. If you choose to access any third-party
site, you do so at your own risk. The presence of a link to a third-party
site does not constitute or imply Leopard Trax's endorsement, sponsorship,
or recommendation of the third-party, or of the content, products or
services contained on, or available through, any such third-party site.
Modification/Termination of Usage
Leopard Trax reserves the right, in
its sole discretion, to modify, suspend, or terminate this Site and/or any
portion thereof, including any service or product available through the
Site, and/or your profile, password, or use of the Site, or any portion
thereof, at any time for any reason with or without notice to you. In the
event of termination, you will still be bound by your obligations under
this Agreement and any Additional Terms, including the warranties made by
you, and by the disclaimers and limitations of liability. Additionally,
Leopard Trax shall not be liable to you or any third-party for any
termination of your access to this Site.
Pricing Errors
We endeavor to publish and maintain
accurate prices and information for the services we offer. Our suppliers
provide us with the price and other information related to these services.
In the event, however, that a service is listed or provided to us at an
incorrect price or with incorrect information due to typographical error
or other error in pricing or service information received from our
suppliers, we retain the right to refuse or cancel any orders placed for
such service. We shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and/or your credit card
charged. If your credit card has already been charged for the purchase and
your order is canceled because of incorrect supplier information, we will
promptly issue a credit to your credit card account in the amount of the
charge.
Electronic
Notification
To the extent that we need to contact
you, you agree that we may do so via any electronic means, including but
not limited to communications posted on this Site or electronic mail.
International Use
Accessing materials on this Site by
certain persons in certain countries may not be lawful, and Leopard Trax
makes no representation that materials on this Site are appropriate or
available for use in locations outside of the United States.
Hyperlinks
Unless otherwise expressly permitted,
websites may not hyperlink to any page beyond the homepage of this Site or
frame this Site or any web page or material herein, nor may any entity
hyperlink any aspect of this Site in an email for commercial purposes
without the express written permission of Leopard Trax.
Miscellaneous
The captions in this Agreement are
only for convenience, and do not, in any way, limit or otherwise define
the terms and provisions of this Agreement.
This Agreement, and the related parts
of this Agreement relating to each service represent the entire agreement
between you and each Covered Party regarding your use of this Site and
supersede any prior statements, representations, or prior versions of
these Terms and Conditions relating to the use of the Site that were
displayed on this Site before. We reserve the right to modify, revise or
update this Agreement from time to time by updating this posting. Your
continued use of this Site will be subject to the terms of this Agreement
in effect at the time of your use. Certain provisions of this Agreement
may be superseded by expressly designated legal notices or terms located
elsewhere on this Site. In the event that any provision of this Agreement
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. The internal laws of the State of Alaska
shall govern the performance of this Agreement. You consent and submit to
the exclusive jurisdiction of the state and federal courts located in
Anchorage, Alaska, in all questions and controversies arising out of your
use of this Site and this Agreement. To the extent permitted by applicable
law, any claim or cause of action arising from or relating to your use of
this Site must be brought within two (2) years from the date on which such
claim or action arose or accrued.
Part II
Travel Services
A. General
Travel Service Limitation of
Liability: THE AIRLINES, ACCOMMODATIONS, RENTAL CAR COMPANIES AND
OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE
(COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT
AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY
LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE,
DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL
SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE
DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT
PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR
DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY
BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES
BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY
ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS,
RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
Passports, Visas, and Hazards:
We have no special knowledge regarding foreign entry requirements such as
the need for passports and visas, unsafe conditions, health hazards,
weather hazards, supplier bankruptcies, or the suitability for disabled
persons of any portion of any tour. For foreign entry requirements, go to
travel.state.gov/travel/foreignentryreqs.html. For State Department
travel warnings and advisories, go to
travel.state.gov/travel/warnings.html. For foreign health requirements
and dangers, go to
www.cdc.gov/travel/index.htm. Other information relating to particular
international destinations can be found at
www.tsa.gov,
www.faa.gov,
www.treas.gov/ofac, or
www.customs.gov. You hereby release the Covered Parties from any
claims resulting in whole or in part from any problem covered in this
paragraph and any other causes not within our control.
BY OFFERING OR FACILITATING TRAVEL TO
PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT
TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE
LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS.
You agree to abide by the terms or
conditions of purchase imposed by any Travel Supplier, whether that Travel
Supplier is selected by you or by Leopard Trax, including, but not limited
to, payment of all amounts when due and compliance with the Travel
Supplier's rules and restrictions regarding availability and use of fares,
products, or services. You understand that any violation of any such
Travel Supplier's conditions of purchase may result in cancellation of
your reservation(s) or purchase(s), in your being denied access to any
flights, accommodations, or automobiles, in your forfeiting any monies
paid for such reservation(s) or purchase(s), and in Leopard Trax debiting
your account for any costs Leopard Trax incurs as a result of such
violation. You shall be completely responsible for all charges, fees,
duties, taxes, and assessments arising out of the use of this Site.
B. Airline
Service Restrictions
General: Airline tickets
available through this Site are subject to the published conditions of
carriage and rules of the applicable airline. The contract of carriage in
use by the applicable airline, when issued, shall be between the
applicable airline and the passenger. Airlines retain the right to adjust
flight times and schedules at any time - schedule changes can result in an
itinerary that falls outside of contractual agreements.
Non-Use of Flight Segments: You
agree not to purchase a ticket or tickets containing flight segments that
you will not be using, such as a "point-beyond", "hidden-city", or
"back-to-back tickets". You further agree not to purchase a round-trip
ticket that you plan to use only for one-way travel. You acknowledge that
the airlines generally prohibit all such tickets, and therefore we do not
guarantee that the airline will honor your ticket or tickets. You agree to
indemnify the Covered Parties against airline claims for the difference
between the full fare of your actual itinerary and the value of the ticket
or tickets that you purchased.
Airline Services. In addition,
the following restrictions apply to Leopard Trax's airline service:
1. All tickets are
non-refundable, non-endorsable and non-changeable. At the time your
Request is accepted, your method of payment will be charged for the amount
shown, regardless of whether or not the airline ticket is used. Credit
will not be given for any unused airline tickets and cannot be used toward
any future purchases;
2. Once a Leopard Trax Request
is submitted, it cannot be modified by you;
3. All travel will be round-trip
with no unscheduled stopovers or open-jaw travel (i.e. destination of
outbound flight and origin of return flight are not the same) permitted.
If you do not use one of the flights in your reservation, the airline will
cancel your remaining itinerary;
4. Frequent Flyer mileage and
upgrades will not be permitted. Standbys and other uses of frequent flyer
miles will not be permitted; and
5. All tickets will be issued
for Economy class only.
If you submit a Request for airline
tickets, you agree that if tickets satisfying your Name Your Price request
are located, the amount of the submitted Name Your Price request, and all
taxes, charges, surcharges, shipping/handling and/or processing or other
fees, which are described in more detail in the click through "Taxes and
Fees" will be automatically charged to the method of payment you provided
to Leopard Trax. The "Total Trip Cost" will be disclosed to you before you
submit your request. Our fee for fulfilling a request is included in the
amount of your request. No additional fees are ever charged that are not
fully disclosed prior to charging your credit card.
C.
Accommodation Service Restrictions
General: Accommodation bookings
made available through Leopard Trax's service are subject to the disclosed
terms and conditions of the applicable accommodation supplier. For
individual accommodation bookings not included in a packaged or customized
package tour, the "Total Charges" that you will pay for using our
accommodation service will always be disclosed to you before you submit
your request. All individual accommodation booking are by your
selection of choices we submit to you for your approval. For accommodations included as part of a packaged or
customized package tour, the "Total Charges" that you will pay for using
our service will always be disclosed to you before you submit your
request. However, with all packaged or customized package tours, an
individual breakdown of each tour element is not provided and the "Total
Charges" that you will pay constitute the entire price for the package or
customized package tour as it is fully defined in this Site or in any
other written offer which we may transmit to you prior to making your
request. In the case of all packaged or customized package tours the
choice of accommodation is solely the decision of Leopard Trax based on
availability and vendor contracts. In all cases, hotels and B&Bs
will be at least three stars in quality and service, all rooms will have
queen beds or larger, and all rooms will have private baths. In the
case of resort cabins, these vary significantly and Leopard Trax only
books those whose reputation and published reviews warrant. In the
case of escorted or hosted tours, Leopard Trax does not have control over
the choice of hotel. The tour provider maintains sole right to
selection and in all cases the hotels used in all Leopard Trax escorted
and hosted tours are of premium quality and service.
Charges for Taxes and Service Fees: In
connection with facilitating your accommodation transaction, whether it be
an individual accommodation booking or as part of a packaged or customized
package tour, the "Total Charges" that you will pay for using our service
will always includes any taxes and fees charged by the accommodation
provider.
We are not the vendor collecting and
remitting taxes to the applicable taxing authorities. Our accommodation
suppliers, as vendors, file all necessary paperwork and pay all fees and
taxes due from applicable taxing authorities. We are not a co-vendor
associated with the vendor with whom we book or reserve our customer's
travel arrangements. Taxability and the appropriate tax rate and the type
of applicable taxes vary greatly by location. Depending on the city
and property you stay in, you may also be charged resort fees or other
incidental fees, such as parking charges. These charges, if applicable,
will again be part of your "Total Charges" that you will pay for using our
service will always be disclosed to you before you submit your Request.
When you check in, a credit card or, in the accommodation's discretion, a
debit card will be required to secure any incidental fees (phone calls,
room service, movie rentals, etc.) that you may incur during your stay,
and that are not included in the "Total Charges" you were quoted..
Late Arrival and Failure to Check-in
on First Night: If you are going to be delayed or find that you cannot
check in to your accommodation on the date you requested, you should
contact the accommodation to let them know. If you fail to check in to
your accommodation on the day of your reservation and do not alert the
accommodation, the remaining portion of your reservation will be canceled
and you will not be entitled to a refund by that vendor or by Leopard
Trax. In all cases of change you are best advised to contact the
individual supplier first and additionally inform Leopard Trax of the
change.
Special Needs: If you have special
needs (e.g., wheelchair accessible room) you must inform Leopard Trax
prior to submitting any request to verify that special needs can be met.
If you do not include a special needs request as part of your inquiry, no
refund will be issued for services that are unable to be provided due to
your special need.
Must be 21 Years of Age: The guest on
the reservation must be 21 years or older to check into the accommodation.
Frequent Traveler Points: Frequent
traveler points, upgrades, certificate vouchers and other discounts or
incentives may not apply to Leopard Trax's accommodation service.
D.
Rental Car Service Restrictions
General: Vehicle rentals
available through this Site are subject to standard rental contracts of
the car rental companies, which will be completed by you at the time of
pick-up of a vehicle. All vehicle rentals are included as part of a
package or customized package tour. Leopard Trax does not offer
individual car rental transactions alone. The "Total Charges" that
you will pay for using our package or customized package tour service will
always be disclosed to you before you submit your Request.
Individual itemization of tour elements is not available. The car
rental fee is part of the "Total Charges" quoted.
Charges for Taxes and Service Fees: In
connection with facilitating your rental car transaction all charges for
taxes and service fees quoted by the car rental vendor are included in the
"Total Charges" quoted.
We are not the vendor collecting and
remitting taxes to the applicable taxing authorities. Our car rental
suppliers, as vendors, file all necessary paperwork and pay all fees and
taxes due from applicable taxing authorities. We are not a co-vendor
associated with the vendor with whom we book or reserve our customer's
travel arrangements. Taxability and the appropriate tax rate and the type
of applicable taxes vary greatly by location. Depending on the city
you pick up your car and the city you return your car, you may also
be charged resort fees or other incidental fees, such as parking charges.
These charges, if applicable, will again be part of your "Total Charges"
that you will pay for using our service will always be disclosed to you
before you submit your Request. When you check in, a credit card or,
in the car rental company's discretion, a debit card will be required to
secure any incidental fees (extra days not included in your original
quote, late return fees, children's car seats, additional drivers, etc..)
that you may incur during your rental, and that are not included in the
"Total Charges" you were quoted.
In some cases the total cost of the
car rental may be deducted from the actual amount charged by Leopard Trax
and in such cases you will then pay the quoted rental fee directly to the
vendor upon pick up or drop off depending on each individual car rental
company policy. In all such cases, the amount deducted from the
"Total Charges" quoted shall equal the exact cost of the car rental as
originally quoted.
Additional Restrictions. Leopard Trax
rental car reservations are non-changeable, non-endorsable,
non-transferable and non-refundable. Valid Driver's License AND
credit card or, in the rental car company's discretion, debit card, which
is consistent with the transactional details provided to Leopard Trax,
must be presented when a vehicle is picked-up at the designated location
(regardless of whether the car rental has been prepaid or not. When
picking up the vehicle, a credit card or, in the rental car company's
discretion, debit card, will be required to pay for any additional
ancillary charges (including insurance, child seats, gas, etc.). Debit
cards may not be accepted. Leopard Trax does NOT provide rental car
insurance. It is the customer's sole responsibility to determine the
applicability and eligibility of any pre-existing insurance coverage.
Leopard Trax's car rental suppliers generally offer several insurance
alternatives as incremental and completely distinct transactions with the
customer agreed to at the time of pick-up. All rentals will include
Time and Mileage ("T&M"), as well as all Taxes, Fees, and Surcharges
("TFS") associated with the T&M for the rental based on the timing and
pick-up/drop-off of the rental. Express service and loyalty programs
(frequent flyer points, frequent rental points, etc.) are not applicable
to Leopard Trax rentals.
We may, on an exception basis and at
the request of the customer, waive the restrictions identified above after
the rental has been reserved. We may, in our discretion, impose additional
obligations and/or fees in connection with any such waiver. No User waiver
requests will be accepted or considered prior to or as part of a Leopard
Trax Request.
E.
Packaged Tours and Customized Tours Restrictions
General: Packaged Tours shown,
listed, or referenced in this site shall be defined as tour packages that
include car rental or other described transportation, accommodations,
tours, activities, and other elements made part of the package offering
and included in the "Total Charges" quoted. Customized Tours are
those packaged Tours shown, listed, or referenced in this site shall be
defined as those tour packages that have been modified from the original
quoted offering and may include car rental or other described
transportation, accommodations, tours, activities, and other elements made
part of the package offering and included in the "Total Charges" quoted.
Packaged Tours and Customized Tours
available through this Site will be subject to the published conditions of
carriage and, as applicable, rules of the applicable airline,
accommodation, car rental company or attractions and services provider.
The following restrictions will apply:
1. Any package including an
airline ticket purchase is subject to the restrictions listed in the
Airline Service Restrictions section above;
2. Any package including a
accommodation purchase is subject to the restrictions listed in the
Accommodation Service Restrictions section above;
3. Any package including a car
rental purchase is subject to the restrictions listed in the Car Rental
Service Restrictions section above; and
4. Any package including a
tour or attraction, whether part of a packaged tour, customized tour, or
purchased as an optional add-on to a packaged tour, or as an
individual purchase is subject to the restrictions listed in the Tours and
Attractions section below and is subject to the restrictions set forth by
the tour and attraction provider.
F. Tours
and Attractions Restrictions
The following Tours and Attractions
restrictions ("T & A Restrictions") shall apply to a Confirmation Number
or Code ("Confirmation"), or a voucher ("Voucher") issued by Alaskan
Leopard to you ("You") in connection with an attraction or service
("Attraction") operated by an independent operator ("Attraction Operator")
of such Attraction. You must be at least 18 years of age and able to enter
into binding contracts. You shall be deemed to have the authority to act
on behalf of and to bind the person named on the Voucher to these T & A
Restrictions. Acceptance or usage of a Confirmation or Voucher shall be
deemed as the acceptance by you and the person named on the Confirmation
or Voucher to these T & A Restrictions.
A Confirmation or Voucher, when issued
by Alaskan Leopard and presented to the Attraction Operator, shall entitle
the person named on the Voucher, subject to these T & A Restrictions, to
use the Attraction described in the Confirmation document or Voucher. The
Attraction Operator will verify the identity of the person named on the
Confirmation document or Voucher prior to accepting the Voucher or
granting entrance per the Confirmation; and may require a signature from
such named person. The person named on the Confirmation document or
Voucher will be required to present a government-issued photo ID to the
Attraction Operator. Admission to the Attraction will be denied if the
Confirmation document or Voucher and a matching photo ID are not provided
to the Attraction Operator.
A Confirmation or Voucher will be
valid only on the dates indicated on the Confirmation document or Voucher
and shall expire on the later of those dates. A Confirmation or Voucher
may not be redeemed outside of the dates indicated on the Confirmation
document or Voucher and unless approved by Leopard Trax or the individual
vendor.
Upon issuance of a Confirmation or
Voucher by Alaskan Leopard, your credit card shall be charged for the full
amount immediately. The total price charged will include all taxes and
fees. The charge may be part of a package or customized package "Total
Charge" previously disclosed. Gratuities and incidental charges,
such as parking, food and drink, unless otherwise specified, are not
included.
A Confirmation or Voucher is valid
for redemption only by the person named on a Voucher. A Confirmation or
Voucher has no cash value and cannot be assigned, or transferred, in whole
or in part.
An Attraction or Tour may not be
appropriate for all ages or for individuals with certain medical
conditions. Usage of an Attraction or Tour may be subject to codes, rules
or regulations (collectively, "Attraction Rules") established by the
Attraction Operator. Failure to comply with such Attraction Rules may
result in denial of admission to or removal from the Attraction. Other
restrictions, terms and conditions may apply. You should contact the
Attraction Operator for details.
Alaskan Leopard is not responsible for
any technical, printing, typographical or other errors associated with the
description, depiction, availability, or pricing of an Attraction or Tour.
Availability and price quotations for an Attraction or Tour are subject to
change without notice until a Confirmation or Voucher has been issued.
Prices listed on a Confirmation document or Voucher are per person, unless
otherwise specified.
Attraction availability may change
after a Confirmation or Voucher is issued. When Alaskan Leopard is
informed in advance of a significant change to the availability of an
Attraction or Tour, Alaskan Leopard will use reasonable efforts to notify
you. In the event an Attraction or Tour is canceled, rescheduled or
postponed by the Attraction Operator, you should immediately contact
Alaskan Leopard.
Alaskan Leopard reserves the right to
modify and otherwise change these T & A Restrictions at its own
discretion. Except as provided for in the preceding sentence, no
amendment, modification or waiver to these T & A Restrictions shall be
binding on Alaskan Leopard unless made in writing and signed by an
authorized officer of Alaskan Leopard.
The Attraction or Tour Operator is an
independent contractor of Alaskan Leopard. The Attraction or tour
Operator, and their owners, operators, contractors, and employees are not
agents or legal representatives of Alaskan Leopard for any purpose and
have no authority to act for, bind or commit Alaskan Leopard. The
Attraction or Tour Operator, and its owners, operators, contractors and
employees are solely responsible for the use and operation of the
Attraction or tour, and all actions or events occurring prior to, during,
at or after, the Attraction or Tour.
YOU ACKNOWLEDGE THAT THE USE OR
ENJOYMENT OF THE ATTRACTION OR TOUR MAY BE HAZARDOUS AND INHERENTLY RISKY,
AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE PERSON NAMED ON
THE CONFIRMATION, CONFIRMATION DOCUMENT, OR VOUCHER WILL ASSUME ALL RISK
OF INJURY OR DEATH ARISING OUT OF OR IN CONNECTION WITH THE USE AND
OPERATION OF THE ATTRACTION, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO,
DURING, AT OR AFTER, THE ATTRACTION.
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ALASKAN LEOPARD SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR
DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE
ATTRACTION OR TOUR, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING,
AT OR AFTER, THE ATTRACTION OR TOUR.
these T & A Restrictions constitute
the entire and only understanding between the parties, and replace any
prior understandings or agreements (whether oral or written) relating to
the subject matter hereof. The failure of Alaskan Leopard to exercise any
of its rights shall not be construed as a waiver or relinquishment of the
future performance of any of its rights, and your obligations with respect
to such future performance shall continue in full force and effect.
G.
Deposits, Payments, Cancellations and Refunds
NAME YOUR PRICE:
Regular Packaged
Tours and Customized Package Tours:
All regular priced
packaged tours and customized packages tours, as well as any individually
priced and purchased accommodation, car rental, transportation, tour, or
attraction are subject the following policies:
1. Deposits:
A deposit of 60% of the total package price is due and payable with your
authorization and agreement to purchase. Your final balance is due no
later than 90 days prior to the first day of your itinerary. Payments may
be made by personal check or credit card. Please note that we strongly
urge you to use a credit card for all bookings. Should something ever go
wrong, most credit card companies offer protection against failure to
perform or in the case of fraud. Paying in cash leaves you little
recourse. Using a DEBIT or CHECK CARD can amount to additional charges
from your bank if your account becomes overdrawn. Unlike regular credit
cards that are declined when your limit is reached, debit and check cards
are often approved. Please make sure you have sufficient funds in your
account before authorizing use of this type of card. All credit card
charges are subject to a 4% processing fee. This processing fee is NOT
refundable.
2.
Cancellations and Refunds: Cancellations are accepted with full or
partial refunds upon receipt of your written notice to cancel. All
cancellations must be sent to our corporate offices and must be in
writing. No verbal cancellations are accepted. Our policy regarding
refunds is as follows:
a) 90% of all funds received will be refunded to you if your notice of
cancellation is received ninety (90) or more days before the first day of
your itinerary.
b) 60% of all funds received will be refunded to you if your notice of
cancellation is received in less than ninety (90) days AND more than
thirty (30) days before the first day of your itinerary.
c) No refund is guaranteed for ANY cancellation received with less than a
thirty (30) days notice of your wish to cancel. In all such instances a
individual consideration of any refund may only be made directly with the
General Manager and then only within the strict limitations of individual
vendor policy.
To protect and
safeguard your investment in your tour, we highly recommend you purchase
travel and tour insurance. We recommend Travelex Insurance Services. You
can visit their website to find more information about their company and
reasonable rates. Their website is www.travelex-insurance.com. We are not
an agent of this firm and receive no commission; however we have had many
clients use their service with complete satisfaction.
H. Travel
Service Disclosures
For Alaska Residents:
Alaskan Leopard Enterprises, Inc. is incorporated within the State of
Alaska as a Seller of Tourism Services. Alaska Incorporation No.
280316.
Alaskan Leopard Enterprise, Inc. is endorsed and is an active member of
the The International Air Travel Agent Network. IATAN 02-7-4471-1
Alaskan Leopard Enterprises, Inc. is an active member in good standing
with the Anchorage Convention and Visitor Bureau.
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