, and WesTrav.com
is an Internet Division of:
Peak Travel Group/TyKim Inc
California Seller of Travel # 2029626-40
Notice that additional Taxes may be applicable to all pricing listed,
Prices listed may not include all applicable taxes, charges, and government imposed fees. The following additional fees and taxes may apply.
Passenger Facility Charges (PFCs): PFCs of up to $16 may be additional and payable prior to departure.
September 11th Security Fee: September 11th Security Fee of up to $10 is additional for flight segments ticketed after 9/30/03.
U.S. Departure Taxes: For international travel, U.S. departure taxes of up to $94 may be additional and payable prior to departure.
Foreign Departure Taxes: Foreign departure taxes of up to $41 may be additional and payable directly to the appropriate foreign airport authority or prior to departure depending on destination.
|1. Use of the Peak Travel Group' s Web-Sites:|
|This Agreement provides You with a personal, revocable, non-exclusive, non-transferable license to use the PTG Travel Sites, conditioned on Your continued compliance with this Agreement.
You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile, or dissemble any aspect of the PTG Travel Site (including any prices or service descriptions), with the following exception: You may display, print, and store one electronic copy of content provided by PTG Travel for Your personal use. Actual or attempted unauthorized use of the PTG Travel Site may result in criminal and/or civil prosecution.
You hereby undertake and agree:
- not to pass Your user-ID/password to any third party without written consent from PTG Travel
- not to use PTG Travel Web-Sites for any illegal purpose
- not to make any attempts to access data other than those attributed to Your own account.
|2. Use of the Peak Travel Group's Web-Sites|
|You understand that some information offered through the PTG Travel Sites is offered by third parties that operate services independently from Peak Travel Group. You assume total responsibility and risk for Your use of services and the information about them offered through Peak Travel Group.
|3. Change of Information and Peak Travel Group Web-Sites, Offers, and Information:|
|Information, Offers and Pricing on this web site and ay other web sites operated by Peak Travel Group are subject to and may be changed without prior notice at any time.
Statements or pictures in this website regarding Hotels, Cruise Ships, Airlines and/or any other products or services or accommodations are strictly opinions. Because quality of these products, services or accommodations can change, and are owned and operated by other entities, up-keep and general quality of such can change without notice. Therefore, Peak Travel Group makes no guarantees or warantes that products, accommodations and/or other travel products are of any level or standard. By using this web-site you accept this.
|4. Intellectual Property Rights|
|All textual, graphical and other content created by or for Peak Travel Group, and or it's affiliates such as WesTrav.com, hotelfastfinder.com, airfastfinder.com, or RainbowTraveler.com, and appearing on this web site is the property of Peak Travel Group/Tykim, Inc. 1221 Lincoln Avenue, San Jose California, USA 95125. © 2003, All rights reserved. Peak Travel Group, also copyrights: peaktravel.com, peaktravelgroup.com, westrav.com, rainbowtraveler.com, airfastfinder.com, hotelfastfinder.com as a collective, work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by the PTG sites without Peak Travel Group's written consent is expressly prohibited. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Peak Travel, Peak Travel Group, WesTrav.com, WesTrav International & Rainbowtraveler.com, are all trademarks of Peak Travel Group, Inc.
|5. Hyperlinked web sites|
|PTG Travel makes no warranties or representations whatsoever regarding any other web sites, which You may access through this web site. Third party web sites are independent from PTG, and PTG has no control over the content of such web sites, nor does PTG have any control over the collection of personal information by third party web sites. In addition, a link to a non-PTG web site does not mean that PTG Travel endorses or accepts any responsibility for the content or the use of such web site.
Please note Peak Travel Group will not disclose nor "sell" to third parties, any information you may provide by using or subscribing to information on Peak Travel Group web-sites, unless for the purpose of booking, reserving, or otherwise in the normal business practice of booking travel reservations, vacations or otherwise.
I. Collection of Personal Information from Site Users
a) Peak Travel Group may collect and/or track (1) the home server domain names, e-mail addresses, type of computer, and type of Web browser of visitors to the Site, (2) the e-mail addresses of visitors that communicate with PTG or the Site via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, and contest entries (including name, address, e-mail and other personal profile data), and (4) aggregate and user-specific information regarding page views.
b) PTG may place Internet "cookies" on visitors' hard drives. Internet cookies save data about individual visitors, such as the visitor's name, password, user-name, screen preferences, the pages of a site viewed by the visitor, and the advertisements viewed or clicked by the visitor. When the visitor revisits the Site, PTG may recognize the visitor by the Internet cookie and customize the visitor's experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available; however, this may impair certain features of the Site.
c) When a visitor performs a search within the Site, PTG may record information identifying the visitor or linking the visitor to the search performed. PTG may also record limited information associated with every search request made by the visitor and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.
II. Use of Personal Data Collected
Peak Travel Group may use personally identifiable information in a number of ways, such as:
a) To communicate with you about your account, or to communicate information about the Site.
b) To build higher-quality, more useful services, such as by analyzing usage trends, and by measuring demographics and interests regarding specific areas of the Site.
c) To provide you with prompt and effective customer service.
d) To support the operation of the Site (such as account maintenance and record-keeping), troubleshoot problems, resolve disputes, and to enforce our Terms and Conditions.
e) To inform you about services related to PTG. You will have the option of opting out of further communications of this type by sending an email to: firstname.lastname@example.org (Please refer to Section VII below.)
III. Disclosure of Personal Data Collected
Peak Travel Group may disclose personally identifiable information about you to Third Parties as follows:
a) With your consent.
b) To facilitate a transaction or communication with a Third Party ( Such as a Cruise Line, Hotel ,airline, or other travel providers for a trip, vacation, holiday that you have initiated.
c) To Peak Travel Group's agents and/or advisors (such as our accountants or attorneys). We only disclose the personal information necessary for them to provide their services to you or to us, and only under strict confidentiality restrictions.
d) As PTG believes necessary to: (a) comply with law (including court and government orders, and civil subpoenas); (b) enforce or apply Peak Travel Group's Terms and Conditions and Rules and Regulations and other agreements; or (c) protect the rights, property, or safety of Peak Travel Group, our users, or others.
e) If you partake (or we reasonably suspect that you are partaking) in any illegal or potentially illegal activity. We may disclose personal information even without a subpoena, warrant, or other court order, to the extent we feel is necessary to inform and cooperate with law enforcement agencies or other appropriate authorities.
h) In connection with a transfer, reorganization or otherwise, to a successor-in-interest to Peak Travel Group's organization or its other material assets.
IV. Collection of Personal Data from Children
To the extent that PTG is able to determine the age of users by their submissions to, or communications with, the Site, PTG will not knowingly (a) collect or post information from individuals under eighteen years of age ("Children" or "Child") without their parent's or guardian's consent, or (b) provide any personally identifying information collected from Children, regardless of its source, to any Third Party for any purpose whatsoever.
V. Third Party Web Sites
VII. Opt-Out Right
Visitors may opt-out of having their personal information collected by PTG, or used by PTG to send promotional correspondence to the visitor, by contacting PTG via email at: email@example.com or via postal mail at the address below. To the extent you choose to continue using the Site, however, we may use your personal information as may be reasonably necessary in connection with such use.
VIII. Peak Travel Group's Right to Contact Visitor
IX. Access to and Ability to Correct Personal Data
Upon request via postal mail, e-mail, or telephone (during our regular business hours), PTG will provide to visitors a summary of any personally identifiable information retained by PTG regarding the visitor. Visitors may modify, correct, change or update personally identifiable information that PTG has collected through the Site or may cause their personal record to be removed from PTG's database by contacting PTG via postal mail, e-mail, or the telephone number indicated below.
X. Contact Information
Peak Travel Group
1221 Lincoln Avenue
San Jose, CA 95125
Attn: eCommerce Dept.
|7. Received Comments or Suggestions|
|Any comments or suggestions sent to Peak Travel Group become the property of Peak Travel Group and may be used without limitation.
|8. Exclusion of Warranties/Limitation of Liability/Indemnification|
|THE WESTRAV.COM, PEAKTRAVEL.COM, PEAKTRAVELGROUP.COM, RAINBOWTRAVELER.COM, AIRFASTFINDER.COM, HOTELFASTFINDER.COM , TRAVEL SITES ARE PROVIDED BY PEAK TRAVEL GROUP/TyKim, Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEAK TRAVEL GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PEAK TRAVEL SITES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE PTG TRAVEL SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY OF THE PEAK TRAVEL GROUP WEB-SITE S ARE AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEAK TRAVEL GROUP/ TYKIM INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PTG DOES NOT WARRANT THAT THE PEAK TRAVEL GROUP WEB-SITES, ITS SERVERS, OR E-MAIL SENT FROM PTG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS UP TO YOU TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF DESTRUCTIVE NATURE. PEAK TRAVEL GROUP ALSO RESERVES THE RIGHT TO ALTER THE CONTENT OF THE PEAK TRAVEL GROUP WEB-SITES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY TYPOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER PEAK TRAVEL GROUP NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, OR ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF PEAK TRAVEL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. PEAK TRAVEL GROUP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OR BROWSING OF THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. FURTHERMORE, PTG ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DUE TO ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO THE WEB SITE, PASSWORDS OR DATA OR INFORMATION IN THE WEB SITE.
SHOULD ANY PORTION OF THE FOREGOING LIMITATION ON LIABILITY BE DEEMED UNENFORCEABLE, IN NO EVENT SHALL PEAK TRAVEL GROUP'S AGGREGATE CUMULATIVE LIABILITY IN ANY CIRCUMSTANCES TO THE USER (AND YOUR COMPANY AS APPLICABLE) ARISING OUT OF OR RELATING TO YOUR USE OF THE PTG TRAVEL SITE EXCEED $500.
You agree to reimburse and hold harmless Peak Travel Group and its affiliates and any of their employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns against any claims arising directly or indirectly from Your use of the Peak Travel Site.
|Your right to use the Peak Travel Group Web-Site's may be terminated by Peak Travel Group without notice, and You may stop using the Peak Travel Group's Web-Sites at any time without notice. Upon termination of this Agreement, Sections 4, 7, 8, 9, and 10 shall survive.
|10. Law and Venue|
|The Peak Travel Group,web-sites including this Agreement, shall be governed by, and construed in accordance with, the laws of the State of California (without giving affect to the choice of law principles thereof). Any dispute arising out of or in relation to this web site, including this Agreement, shall be subject to the exclusive jurisdiction of the federal and state courts of California. You agree and consent to the personal jurisdiction in the federal and state courts of California, for any action concerning any dispute arising in connection with this web site or this agreement. You represent that You are using the PTG Web-Sites at the direction and for the benefit of Your company, and have authority to bind Your company to this Agreement. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect.