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Terms of Service
Last modified: March 16, 2016

Acceptance of the Terms of Service
These terms of use are entered into by and between Jetway, Inc., dba NexTravel ("Company", "we" or "us") and You, a user of our Services (as defined below). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of nextravel.com, including any content, functionality and services offered on or through nextravel.com (the "Website" and, such services, our "Services"), whether as a guest or a registered user and whether through direct access to the Website, access to the content or our Services by means of one or mobile applications or by means of application programming interfaces, webhooks or similar technological means.

Please read the Terms of Service carefully before you start to use the Website or our Services. By using the Website or our Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.nextravel.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or our Services.

This Website is offered and available to users who are natural persons that are 18 years of age or older and reside in the United States or any of its territories or possessions. In accessing the Website, the mobile applications and the Services, users are acting on their own behalves as individuals or, if such user’s account is maintained within a business account, as authorized users for businesses or legal entities. By using this Website, you represent and warrant that you have legal capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use our Services.

Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or our Services thereafter, unless we have specifically agreed with you otherwise. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website or our Service following the posting of revised Terms of Services means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Services; Account Security
We reserve the right to withdraw or amend the Website, mobile applications and integrations and any other Service or material we provide, in our sole discretion without notice. Except as otherwise agreed with you, we will not be liable if for any reason all or any part of the Website or any of our Services are unavailable at any time or for any period. From time to time, we may restrict access to the Website and our Services to users, including registered users.

You are responsible for:
  • Making all arrangements necessary for you to have access to the Website and the Services.
  • Ensuring that all persons who access the Website or our Services through your internet connection, as your agent or otherwise on your behalf are aware of these Terms of Service and comply with them.

To access the Website, the Services or some of the resources we offer, you will be asked to provide certain registration details and other information. It is a condition of your use of the Website and our Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with us, including but not limited to through the use the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your user name and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and ensure that you fully log off.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights
The Website and our mobile applications and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website solely as a means of procuring our Services, and you must not reproduce or attempt to reproduce or duplicate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on accessible through our Website or mobile applications, except in the context of customary caching to increase performance and otherwise as required for the functioning of the Website and the provision of the Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks
The Company name, the terms Jetway, NexTravel, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. If you upload any designs, logos or names subject to trademark or servicemark for use on the Website, you represent and warrant that you have the right and authority to do so and thereby grant to us the right to use the same in connection with the provision of Services to you.

Prohibited Uses
You may use the Website and access our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or make use of our Services:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  • In any way that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use of the Website or our Services, or which, as determined by us, may harm the Company or users of the Website or our Services or expose them to liability.

Additionally, you agree not to:
  • Use the Website or our mobile applications or any technological device or process in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, our mobile applications or Services, including their ability to engage in real time activities through the same.
  • Use any robot, spider or other automatic device, process or means to access the Website or any of its content or any Services for any purpose, including monitoring or copying any of the material on the Website or providing any competing services.
  • Use any manual process to monitor or copy any of the material on the Website or any other content of ours or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website or the provision of our Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the infrastructure on which the Website is stored, or any server, computer or database connected to the Website or our Services.
  • Attack the Website or our Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website or the proper provision of our Services.

Content Reliance on Information Posted
We reserve the right to remove any content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not us, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.

We do not warrant the accuracy, completeness or usefulness of the content on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We disclaim any requirement to update the Website, its content or our Services.

Changes to the Website
We may update the content on and Services offered from the Website from time to time at our sole and absolute discretion. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and Services or restrict your access to parts or all of the Website, mobile applications or Services without notice or liability.

Information About You and Your Visits to the Website
All information we collect on and through the Website and our mobile applications is subject to our Privacy Policy. By using the Website or mobile applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Travel Bookings
You acknowledge that we pre-negotiate certain rates with air, hotel, and car suppliers to facilitate the booking of travel. You also acknowledge that we provide you Services to facilitate such booking of travel for consideration (the "facilitation fee"). The rates displayed on or by the Website and our mobile applications are a combination of the pre-negotiated rates reserved on your behalf by us and the facilitation fee retained by us for our services. You authorize us to book travel for the total reservation price, which includes the rate displayed on the Website or mobile application, plus tax recovery charges, service fees, and where applicable, taxes on our services. You agree that your credit card will be charged by us for the total reservation price. Upon submitting your reservation request you authorize us to facilitate reservations on your behalf, including making payment arrangements with suppliers.

Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website and our mobile applications may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website or in our mobile applications.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MOBILE APPLICATIONS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or the mobile applications, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

DMCA Copyright Policy and Copyright Agent
Jetway respects the intellectual property rights of others. If you believe something on the Website or in our mobile applications has infringed your intellectual property rights, please notify our agent at copyrights@nextravel.com and provide the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Address, telephone number, and, if available, an electronic mail address where we may contact you.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Interaction with Third Parties
Certain aspects of our Services require the exchange of information between us and third party websites or services ("Third Party Websites") that are not owned or controlled by us, or the provision of Services may be accessible by logging in through a Third Party Website (for example, the website of an airline or hotel). When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party website. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any Third Party Website.

Your interactions with organizations and/or individuals found on or through the Services (including without limitation travel merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release us, our officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or un-known, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

In the case where any authorized user consents to a third party integration, the party represented by such authorized used shall be deemed for any and all purposes as agreeing to the passage of data to the third party integration partner.

Miscellaneous Disclaimers
Unless otherwise required by applicable law:
  • Fares are not guaranteed until purchased and you receive your ticket number or final confirmation from the third party provider. All prices posted on the Website or in our mobile applications are subject to change without prior notice. Additionally, all shown prices are subject to availability.
  • We reserve the right to charge a fee for the products and service it provides when you book or reserve travel or accommodations through the Website or mobile applications. The fees are non-refundable. In addition, you will be responsible for all fees, taxes, and assessments arising from travel to a particular destination.
  • You represent and warrant that i) any credit information you supply is true and complete, ii) charges incurred by you will be honored by your credit card company, and iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
  • Credit card holders should provide valid billing addresses, phone numbers and email address at time of making reservation.
  • We strongly recommend purchasing travel insurance to cover any cancellation, baggage loss & emergency health situation.
  • To cancel purchased travel, you shall provide a written request to cancel trip at least 72 hours prior to departure or cancel via our support number as displayed on www.nextravel.com/support. Cancellations and changes are subject to the rules and penalties of the air carrier, travel company, or accommodation provider. Some travel plans are NON REFUNDABLE.
  • If carrier rules specify that there is a time limit for free cancellations i.e. “one click cancellations,” you must make sure the flight is in fact cancelled, and we will have no responsibility for the failure of such cancellation to be effective.
  • A penalty will apply to reissue paper tickets. We will inform customer of supplier terms before purchase.
  • Business and personal loyalty numbers may no longer apply if you are booking discounted rates.
  • We are not liable for any travel delays/cancellations/acts of god
  • We are not liable if the Website or our Services or any portion of them fail at any point (i.e. failures of confirmation emails or reminders).
  • We maintain the right to terminate any account at any time for any reason

Travel Risks and Travel Documents
Travel to certain destinations may involve greater risks than others. You alone are responsible for reviewing and evaluating travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to any destination. Information on the level of risk associated with travel to destinations can be found at public sites, such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov

By permitting the booking of travel to a particular destination, We do not represent or warrant that travel to such destination is safe. We are not liable for damages, losses, or delays that may result from inherent dangers of a particular destination. Additionally, We are not liable for incomplete or improper visas, passports or other travel documents.

Reservations and Bookings
You alone are responsible for adhering to the terms and conditions of booking imposed by any supplier with whom you contract, including terms and conditions of booking set forth in an air carrier's fare rules or contract of carriage.

Governing Law and Jurisdiction
All matters relating to the Website, the mobile applications and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration
At our sole discretion, we may require You to submit any disputes arising from the use of these Terms of Service or the Website or mobile applications, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Jetway, Inc. dba NexTravel with respect to the Website and mobile applications and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Notwithstanding the foregoing, we and You may enter into one or more collateral agreements intended to supplement, amend or alter these Terms of Service.

Your Comments and Concerns
This website is operated by Jetway, Inc. dba NexTravel, 564 Pacific Ave, San Francisco, CA 94133.

All other feedback, comments, requests for technical support and other communications relating to the Website, the mobile applications and our services should be directed to: support@nextravel.com.