PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE .
Effective January 1, 2013
Welcome to the TropicLink.net website (TropicLink or site). TropicLink, Inc. is a Pennsylvania USA corporation with a domain name of TropicLink.net. This Site is offered to you, the user, conditioned upon your use or acceptance without modification of all of the terms, conditions, and notice set forth below. TropicLink may at any time amend, modify or alter these Terms and you should review these Terms and Conditions periodically.
Any payment constitutes final acceptance of these Terms and Conditions set forth herein. By using or booking our travel products or services on this Site or offline through our TropicLink Call Center representatives, you agree that these Terms and Conditions shall apply to all such transactions immediately. As a condition of participation, the customer hereby agrees to now and forever hold harmless and indemnify TropicLink, Inc., TropicLink.net, its subsidiaries TourLink, Inc., its owners, officers, agents, Third Party Suppliers and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and reasonable attorney & accounting fees, for any property damage, injury, death or losses associated therewith, arising from or in connection with participation in the trip.
If you do not agree to be legally bound by all or any part of the following Terms & Conditions, you must discontinue use of this website.
TropicLink may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by TropicLink. Your continued use of TropicLink.net after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
All expiration dates listed on the Website are effective at midnight, Eastern Standard Time.
If you experience an issue during your trip, you must call us immediately so that we can assist you in resolving your problem. To the extent permitted by applicable law, unless you file any grievances with TropicLink within 30 days after the termination of the
trip, all parties are released from further liability. Services are provided on an "as is" and on an "as available" basis.
TropicLink reserves the right to require an Authorization Form for reservations made using a credit card in which none of the passengers traveling on the itinerary are the Primary Card Holder. TropicLink may reserve the right to cancel the reservation if the Authorization Form is not completed.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use TropicLink.net content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of TropicLink.net content requires the prior written permission of TropicLink.
You agree to use the TropicLink.net website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Viator.com.
Your use of TropicLink.net is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by TropicLink.
You represent and warrant that you (a) have not previously been suspended by TropicLink or otherwise banned from the site; (b) are not a direct competitor of TropicLink; (c) do not have more than one TropicLink account at any given time; and (d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
You represent that you are of sufficient legal age defined under the laws of their jurisdiction to create binding legal obligations for any liability you may incur as a result of the use of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account information and your password and you agree to accept responsibility and financially accountability for all activities that occur under your account. Users are prohibited from making any speculative, false or fraudulent reservations. We retain the right at our sole discretion to deny access to this Website and services we offer at any time and for any reason, including but not limited to the violation of this Agreement.
Inaccessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, defamatory, slanderous, obscene, pornographic, having errors & omissions, hateful, or racially, ethically or otherwise objectionable information that you may encounter. TropicLink does not endorse such content, cannot vouch for its accuracy and is not liable for any statements, representations or content
provided by its users on our website
. You therefore access and use the site at your own risk. The Site content User is fully responsible for the content submitted and shall indemnify and be responsible for all damages, costs and expenses incurred forbreach of these Terms.
. This period may extend beyond the end of your relationship with us but it will only be as long as necessary for us to have sufficient information to respond to any issues that may surface in the future. While no website can guarantee security, we have implemented appropriateadministrative, technical, and physical security procedures to help protect the personal information you provide to us. Only authorized employees are permitted to access sensitive information and they may only do so for permitted business activity
TropicLink grants you a limited, non-transferable license to access and make personal use of the site in accordance with the terms and conditions of this User Agreement. This license does not include any resale or commercial use of the Site or its contents or any derivative use of the Site. Without the written consent of TropicLink you cannot transmit WebPages for use by any commercial enterprise or use any devise to interfere with the site's web pages, post or transmit via the TropicLink Service any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material or send messages containing a virus, bug or other harmful item.
EXPLANATION OF CHARGES, FEES & TAXES
Vacation Packages and Hotel Basic Charges
Prices shown for Vacation Packages and Hotels (not including Taxes & Fees) consist of the amounts the relevant suppliers have agreed to charge for the applicable components of your travel package (i.e., air tickets, hotel rooms), plus a facilitation fee which TropicLink retains to compensate for making travel arrangements. Taxes & service fees are in estimated and may be higher but in no case will the customer have to pay additional costs. Unless otherwise noted, prices shown for Vacation Packages are displayed as a combined average per person price for hotel, flight and amenities all in US dollars. Prices are subject to change based upon your choice of travel dates, number of travelers, departure city, and your choice of flight, hotels or other items, and may require a minimum nights' stay. You may incur other charges during your travels that are not payable to us and are not included in the quoted price, as outlined in the flight, hotel, car and cruisesections above.
Extra Person Charges
If you book more than the usual number of guests for a double room (usually 2 adults), a fee for extra guests may apply. The fee may differ if the extra guest is an adult (Extra Person Fee) or child (Child Fee). In most cases, TropicLink retains a processing fee as part of the extra person charges. The site's Room Booking page will specify the number of adults and children combinations allowed in each hotel room
Mandatory Hotel Charges
Hotels can charge you mandatory hotel charges that may be above that charged by TropicLink. They may include resort fees, resort service charges, energy surcharges, safe fees, extra bed fees, internet surcharges and airport transfersurcharges.
Mandatory hotel charges are payable directly to the hotel at checkout. Mandatory hotel charges may be subject to state and local taxes. You can obtain a list of mandatory charges directly from your hotel. All information that TropicLink provides about mandatory hotel charges is subject to change by the hotel.
The prices displayed for air fare on the TropicLink site are inclusive of all taxes, governmental fees, and other service markups. TropicLink may add a processing fee to the ticket price depending on the fare. Other flight-related charges are not paid to TropicLink and are not included in your quoted price such as baggage fees, optional airport services & destination airport taxes. TropicLink provides information on your baggage fees with your reservation.
TropicLink may charge a non-refundable fee ranging from US$7.00 to US$10.00 that may be charged for each Flight Only transaction depending on several factors such as, number of carriers, origins or destinations. To the extent any transaction service fee applies, it will be included in the total price and charged for each ticket purchased. TropicLink adds a non-refundable service fee of US$30 per passenger for airline tickets booked offline.
Car Rental Charges
Amounts displayed in the "Taxes & Fees" represent the amount of taxes, governmental fees and other charges payable by you directly to the car rental agency when you return your rental car. In the case of car suppliers that do not provide total price information, these taxes, governmental fees and other charges are estimated and displayed to you prior to the completion of your reservation but in no case will you have to pay a higher price. You may incur other charges in connection with your car rental that are not payable to TropicLink and are not included in the quotedprice such as insurance, gasoline, and charges for optional equipment.
CANCELATION AND CHANGE FEES
The credit card holder must call TropicLink to change or cancel any portion of the reservation. We are not responsible for any changes or modifications that are made to the reservation without our assistance. Changes to, or cancellation of your flight will be assessed a $50 per adult (age 12 and above) ticket reissue fee by TropicLink, plus a per person airline fee, plus any hotel fees up to 100%. Any balances remaining will be credited back to the customer's credit card. If making a flight change, you will be responsible for the above fees, plus anyincrease in cost resulting from the change. Name changes are not allowed at any time.
If you are considered a No Show for any portion of a TropicLink reservation a 100% penalty will be assessed and no refund or credit will be issued. If you do not use one of the flights in your reservation the airline will cancel the remaining itinerary. Your credit card will be charged whether you use or do not use the services purchased, including partially used services. Promotional codes hold no cash value. If a promo code is used and changes or cancellation are processed, the discount will be forfeited.
Airline travel credits must be booked with the original carrier and are subject to the carrier's terms and expiration periods. Most airlines allow up to one (1) year to rebook and travel. (Spirit Airlines allows one year for travel but dates MUST be rebooked within 60 days of original cancellation.) Any increase in price for the land or airfare for changes, cancellations, or new travel will be the responsibility of the customer. Future Credit Vouchers must be used for vacation package or land only reservations on. All reservations or changed reservations are subject to
Customer is responsible for additional baggage, ticketing, fuel, security, and seat selection surcharges assessed by the airlines at the time of check-in. In addition, government entry and departure fees may apply, depending upon the destination. The customer is solely responsible for these fees as well as all charges, duties, taxes and assessments. Customer is responsible for all incidental hotel charges including airport transfers (if not included), telephone calls, safe fees, internet access, maid fees, gratuities and energy surcharges. Currency conversion rates are based upon various publicly available sources and should be used as guidelines only. Rates may vary based upon your form of payment and may not be accurate.
TropicLink reserves the right to correct any pricing errors and give a full refund back to customer.
TropicLink Activities and Transfer cancellation charges depend on the date of cancellation from the tour or transfer date requested by the customer (date of service). Minimum cancellation charges are as follows: 1) cancellations made 48 hours or less for tours and cancellations made 24 hours or less for transfers from the customer's pickup date & time of service are Non-refundable. If the customer has extenuating circumstances or emergencies TropicLink at its own discretion will determine the amount of refund if any. 2) A cancellation made more than 48 hours from pickup date & time of service for tours and cancellations made more than 24 hours from the pickup date & time of service for transfers are Refundable less TropicLink's processing costs and any costs to TropicLink such as credit card fees, processing fees, travel agent fees and service/operator cancellation fees. TropicLink does not charge a cancellation penalty. TropicLink will apply any payments made toward the purchase price against any cancellation charges and will refund any balance remaining after the payment of any charges. In order to receive a refund, if applicable, client must request and receive a cancellation confirmation number. The cancellation charges outlined above are liquidated damages and not a penalty. Holiday periods may be subject to additional cancellation charges. No refunds or adjustments will be made for No Shows or for any portion of tour, transfer or other amenity not utilized.
Occasionally TropicLink's suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, TropicLink reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at TropicLink.net, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.
Tour, transfers and other amenities do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of TropicLink.com.
If Travel Protection is purchased, it is nonrefundable after the 24 hour trial period. Cancellation on the Travelex Insurance Plan must take place at least 72 hours prior to departure. Cancellation for Travelex less than 72 hours prior to departure will result in a denied claim. After filing a claim with Travelex and pending their approval, you will be issued a reimbursement check for up to 75% of the nonrefundable trip cost, less the price of travel protection plan. If trip cancellation or interruption does occur, please reference your Travel Protection plan and contact Travelex for assistance or to file an insurance claim to recover lost funds. TropicLink will not issue a refund in the event that a claim can be filed. Passengers must be medically capable of travel on the date of purchase for the Travel Protection plan to be valid. TropicLink does not offer travel insurance for tours and/or transfers not included in a hotel package.
All deposit bookings include a nonrefundable $20 fee. If purchasing additional travel protection, the total price of the travel protection plan will be added to the initial deposit amount. All deposits and fees are non-refundable for Hotel packages. The balance due is required at least twenty-one (21) days prior to trip departure. Future payments will be automatically charged to the initial credit card used for the deposit payment on the dates noted on your deposit invoice. It is the responsibility of the customer to verify that the credit card being used for final payment will be valid on the scheduled due date. The billing contact specified on the Payment Page will be the primary person contacted for any payment issues. In the event of a cancellation or nonpayment of Vacation Packages, the deposit fee will not be refunded or credited. TropicLink reserves the right to cancel the booking in the event of non-payment or payment dispute and withhold any portion of the deposit. No changes can be made to a booking prior to final payment being received. No deposit bookings will be accepted if the departure/check-in date is twenty-one (21) days or less from the booking date. All standard change, revision, and cancellation policies apply after full payment is received. Standard Travel Protection cannot be purchased after final payment has been received. For Hotel and Hotel Air package reservations a deposit of the total price of airfare, plus package tax will be required at the time of booking. For Hotel only reservations A deposit of thirty percent (25%) of the total reservation price will be required at the time of booking.
TropicLink reserves the right, in its sole discretion to modify, or discontinue the deposit program or to restrict its availability to any person, at anytime, for any reason, and without prior notice or liability to you. TropicLink's failure to enforce any provision of these terms and conditions shall not constitute a waiver of that provision. There are no deposits for Activity Only or Transfer Only bookings.
You will receive a personalized TropicLink Voucher for each tour, transfer, event or service booked. In order to access and print your TropicLink Voucher(s), you will be provided access to a secure webpage hosted by TropicLink that contains a link to your TropicLink Voucher(s)
You must provide the original, authentic TropicLink Voucher to the appropriate service provider in order to redeem your tour, transfer, ticket, or package. Your reservation cannot be honored or redeemed without presenting a valid TropicLink Voucher. For security purposes, when redeeming your TropicLink Voucher you must present a valid Photo ID to help us prevent fraud.
If you make a purchase using a TropicLink Gift Certificate, TropicLink requires that you present the Gift Certificate used to purchase your tour, ticket or package at the time of redemption.
DISCOUNTS and PROMOTIONAL CODES
Discounted offers including, but not limited to, promotional codes, herein referred to as "Promotional Offers", are not combinable at anytime. Promotional Offers must be entered in the booking process at the time of purchase to be considered valid. TropicLink has the right to deny the use of a promotional code after payment is received. Promotional Offers are valid for a minimum double occupancy hotel package which includes land and air; Hotel-only and single passenger reservations are not applicable. Group buying codes cannot be used in conjunction with other promotional codes. Distribution of personal promo codes beyond one's circle of family and friends will result in the code being inactivated without notice. Military discount requests must be received within 48 hours of initial reservation.
Gift cards are valid for the amount indicated toward the purchase of any hotel or vacation package booking on TropicLink online or by telephone. Gift cards cannot be used on third party websites. Any unused portion is not redeemable for cash.
Price matching on the TropicLink site applies to bookings for Hotels Only, Vacation Packages, Vacation Packages with Amenities, Vacation Packages with Cars, Vacation Packages with Cars & Amenities, Activities Only and Transfers Only. Flights Only Bookings are not eligible for price matching. The lower qualifying rate must be for an identical package and must be found on a U.S.-based online travel wholesaler website. Only original bookings will be honored, modified bookings are not eligible at anytime. If a change is made to the reservation the price match will be forfeited. All booking details must exactly match the details of the product on TropicLink, including but not limited to: specific carrier or provider, hotel (including room type), dates and times of travel or service, flight numbers and routings (for example, same stopovers), and other booking details. If you are price matching and electing to take advantage of the deposit program, the $25 nonrefundable fee will be added to your
Lower qualifying rates do not include rates on Websites where the carrier, property, itinerary, or similar booking details are unclear or unknown until after purchase, where prices are determined by any sort of auction or bid. This also includes prices from an email or websites where you are required to call to get the rate. Sandals and Beaches properties as well as DeltaVacations.com are not applicable. Lower qualifying rates do not include errors or mistakes. The lower qualifying rate must be both advertised and available to the general public on a U.S.-based Website. Promotions funded by tourism boards that are exclusive to a competitor's website do not qualify and shall not include direct vendor rates, as only wholesaler rates are applicable for the program. Corporate group or charter discounts and/or rates, rewards programs, incentives, meeting and
convention rates, consolidator or interline prices or prices available only by using a coupon, or any other rates or promotions not offered to the general public will not be eligible.
Competitor's packages that do not include all applicable mandatory fees and/or local taxes and packages that do not charge the user in full for children and extra adults resulting in payment due at check-out do not qualify for the price match program. The lower qualifying rate must be quoted and booked in US dollars, without reference to currency converters. In order to be a valid lower rate, TropicLink must be satisfied that you meet all requirements otherwise imposed on the lower price, including residency, regional, membership, age-related and other requirements. Competitor's packages that do not include the same airport transfers and/or activities promotions as TropicLink do not qualify for the price match program. Travel Agent bookings are not eligible for the TropicLink Price Match program.
TropicLink reserves the right in its sole discretion to modify, deny, or discontinue the Price Match Guarantee or to restrict its availability to any person, at any time, for any reason, and without proper notice or liability to you. Price Match reservations cannot be combined with any other offers, promotions, promo code or group buying codes and coupons. Void where prohibited by law. All TropicLink terms and conditions apply. TropicLink's failure to enforce any provision of these terms and conditions shall not constitute a waiver of the provision.
Neither TropicLink nor the FAA or any provider of air traffic data makes any guarantees as to the accuracy, completeness, or adequacy of any flight schedules. Airlines retain the right to adjust flight times at any time. It is the passenger's responsibility to confirm their flight times directly with the airline 24 hours prior to travel. TropicLink is not responsible for schedule changes issued by the airlines, denied boarding, mechanical cancellations or for overbooked flights. TropicLink will not pay for an alternative airline and is subject to the policy and restrictions issued by the
airline. Be advised that some airlines may charge additional fees, including, but not limited to the following: baggage, pre-assigned seating, infant taxes, fuel, security, and incidentals. All charges as well as any additional taxes and fees of any type are the passenger's responsibility. Frequent flyer programs, incentives, certificates, upgrades and vouchers may not apply to TropicLink purchases.
Passengers may be required to present a credit card at the time of check-in to provide confirmation of authorized card use or to secure any additional expenses. Some resorts have minimum age requirements and/or citizenship requirements to allow for check-in. If a reservation is booked and the age or citizenship requirements are not met, the customer will be held responsible for all change and/or cancellation penalties that are incurred to make changes. In the event that the number of passengers occupying a room changes, the remaining travelers will be responsible for any additional costs incurred as a result of the change. TropicLink is not responsible for fees and/or penalties incurred as a result of departure from the resort before the scheduled departure date. No booking credit and/or refund will be granted for departures from the resort
before the scheduled departure date.
In the event that you do not show for the first night of your reservation and do not notify us of these changes, a full cancellation fee will be applied against your credit card. Rooms are assigned at the hotel's discretion and based upon availability. We will provide special requests to the service providers however we cannot guarantee that any special requests will be fulfilled; including but not limited to, bed types, smoking preferences and resort/in-room amenities. Failure to meet special requests does not signify a breach of contract. In the event that the supplier overbooks their property or for any reason beyond our control, we reserve the right to either provide alternative accommodations of a similar standard or cancel the reservation in full, our option. TropicLink's rating system is provided for your reference and may sometimes differ from other rating systems. We do not guarantee the accuracy of these ratings or that they are equal to other rating systems that you may be familiar with. We reserve the right to change a rating at any time with or without notice.
TRAVEL DESTINATIONS AND
REQUIRED DOCUMENTS FOR DESTINATION ENTR
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TropicLink urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov
By offering the sale of travel to particular international destinations, TropicLink does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations. You acknowledge that the use or enjoyment of this purchase may be hazardous and inherently risky and, to the maximum extent permitted by law, you and the passengers will assume all risk arising out of or in connection to this purchase.
Please note that when you reserve your vacation with TropicLink it is solely your responsibility to ensure you have the proper documents, based on your nationality, to enter, connect through, or stop in all of the destinations on your itinerary. TropicLink is not responsible for denied boarding or check-in due to improper documentation.
As of January 1, 2008, ALL persons, including U.S. citizens, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by air, land or sea (including ferries), will be required to present a valid passport or other documents as determined by the Department of Homeland Security.
Non U.S. citizens should check with their consulate or embassy to determine the latest entry requirements for their destination. Passport, Visas, and other documentation required for travel is your responsibility and cost. American citizens can visit www.travel.state.gov for information on how to apply for their passports. We strongly encourage all American citizen travelers to apply for a U.S. passport well in advance of anticipated travel.
TSA SECURE FLIGHT PRIVACY NOTICE
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 1004 and 49 C.F.R. parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA policies, or to review the system of records notice and the
privacy impact assessment, please see the TSA website at
TropicLink offers our customers the opportunity to purchase a Travel Protection plan with Travelex for their reservation. We strongly recommend that our customers purchase the Travel Protection plan offered. If Travel Protection is purchased, it is nonrefundable 10 days after purchase of the plan. The Travel Protection plan must be purchased at the time of booking. Cancellation must take place prior to departure. Lack of cancellation will result in a claim being denied. Claims will be processed according to the plan that is purchased and the customer is solely responsible for filing this claim. Any reimbursement issued to the customer under the plan will be issued by Travelex in the form of a reimbursement check. Refunds will NOT be issued to a credit card. If a customer chooses not to purchase a Travel Protection plan, cancellations will be processed in accordance with the TropicLink cancellation policy.
TropicLink's content including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to TropicLink, TropicLink.net, Tourlink, Inc., service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
TropicLink does not warrant that functionality, content or information contained on tropiclink.net will be uninterrupted or error free, that defects will be corrected, or that TropicLink.net or the servers that make it available are free of viruses or bugs.
You can contribute to the site in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users' contributions (your "Content").
By submitting content to TropicLink by e-mail or posting information on the Site including but not limited to, any hotel reviews, ratings, photos, video, blogs, questions, comments, suggestions, ideas, etc. you grant TropicLink and its affiliates a nonexclusive, royalty-free, transferable, irrevocable and fully licensable right to use your Content in a number of different ways, including displaying it on the site, reformatting it, modifying it, incorporating it into advertisements and other works throughout the World, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant TropicLink permission to use your Content for any purpose. You also irrevocably grant the site's users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
By using this site you alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by TropicLink.
You may expose yourself to liability if, for example, your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
TropicLink may display advertisements and other information adjacent to or included with your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
TropicLink may remove or reinstate user Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
The Site User will further grant TropicLink the right to pursue at law any person or entity that violates your or TropicLink rights in
TROPICLINK., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TROPICLINK. OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TROPICLINK., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TROPICLINK HAS MADE TRAVEL ARRANGEMENTS AS AN AGENT FOR THE TRANSPORTATION CARRIERS AND OTHER SUPPLIERS OF SERVICES CONNECTED WITH THIS PURCHASE, ALL OF WHICH ARE INDEPENDENT CONTRACTORS, INCLUDING BUT NOT LIMITED TO, THE CARRIERS, HOTELS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR THE RESERVATION. TROPICLINK IN NO WAY OWNS OR OPERATES THE VEHICLES OR FACILITIES TO BE USED DURING THE TRIP. TROPICLINK DOES NOT GUARANTEE THE PERFORMANCE BY OR ASSUME RESPONSBILITY FOR THE SUPPLIERS, THEIR EMPLOYEES, AGENTS, ETC. FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY RESULTING PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY OR IRREGULARITY, LIABILITY OR EXPENSE TO PERSON OR PROPERTY.
TROPICLINK. AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY ERRORS & OMMISSIONS, DELAY,CANCELLATION, OVERBOOKING OF ACCOMMODATIONS, STRIKE, FORCE MAJEURE(inclement weather), LOSS OF TIME, OR ENJOYMENT, INCONVENIENCE, MENTAL DISTRESS OR SIMILAR, FAILURE TO MAKE A TRANSPORTATION CONNECTION, DELAYS, UNINTENTIONAL OR INTENTIONAL ACTS, SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWNS, ACTS OF ANY GOVERNMENT AUTHORITY OR AUTHORITY, ACTS OF WAR AND /OR TERRORISM, DEFECT IN ANY VEHICLE OF TRANSPORTATION, NONPERFORMANCE OR REROUTING,
SUBSTITUTION OF ACCOMMODATIONS, FINANCIAL LOSSES, THEFT OR ANY MISADVENTURES OR CASUALTY OR OTHER CAUSES BEYOND TROPICLINK'S DIRECT CONTROL.
IN NO EVENT SHALL TROPICLINK., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, LOSS OF DATA, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL OR INJURY OF REPUTATION, LOSSES SUFFERED BY THIRD PARTIES DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH HE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TROPICLINK., ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TROPICLINK. RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER.
If, despite the limitation above, TropicLink or an affiliate or service provider is found liable for any loss or damage which arises out of, or is in any way connected with any of the occurrences described in the limitation above, then , TropicLink, Inc and the service provider's liability will not exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so thelimitation may not apply.
You agree to defend and indemnify, TropicLink, its affiliates, and/or their respective suppliers and any of their officers, owners, directors, employees and agents from and against any claims, causes of action or 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 on by:
(I) you, or on your behalf, or by members of your party in excess of the liability described above; or
(II) by third parties as a result of your use of, TropicLink Inc. services
(a) your breach of these Website Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. It is a violation of law to place a request, or make a purchase, using a false name with an invalid form of payment.
PERSONAL AND ONCOMMERCIAL USE LIMITATION
You agree that you will not, and will not assist or enable others to:
i.use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the site;
ii.use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
iii.use the site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
iv.use the site to promote bigotry or discrimination against protected classes;
v.use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
vi.use he site to submit or transmit pornography or illegal content;
vii.use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
viii.use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content;
ix.attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
This Website is for your personal and noncommercial use. The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to, TropicLink. or its suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary and related documents, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products, or services obtained from this Website. In addition, whether or not you have a commercial purpose, you agree not to:
(I) access, monitor , frame, mirror or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for anypurpose without express written permission of , TropicLink.;
(II) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(III) take any action that imposes, or may impose, in the discretion of , TropicLink., an unreasonable or disproportionately large load on the , TropicLink, Inc. infrastructure; or
(IV) deep-link to any portion of this Website (including, without limitation, the purchase path forany travel services) for any purpose without express written permission of , TropicLink.
Any software that is made available to download from this Website ("Software") is the copyrighted work of , TropicLink., its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, , TropicLink. hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these
terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by , TropicLink., its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. TROPICLINK DOES NOT WARRANT OR MAKE ANY REPRESENTATION 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.
THIRD PARTY HYPERLINKS
This Website may contain hyperlinks to Websites operated by parties other than, TropicLink, Inc. Such hyperlinks are provided for your reference only. TropicLink. does not control such Websites and is not responsible for their contents or your use of them, TropicLink's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators.
TropicLink may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination
or suspension could prevent you from accessing your account, the Site, your Content, Site Content, or any other related information.
You may terminate the Terms of Service at any time by closing your account and discontinuing your use of any and all parts of the Site. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
ADDITIONAL GENERAL TERMS AND CONDITIONS
This agreement is governed by the laws of the State of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue IN THE STATE COURTS LOCATED in Chester County, Pennsylvania, USA, in all disputes arising out or relating to the use of this Website, WHETHER THOSE DISPUTES SOUND - IN CONTRACT - TORT, OR OTHERWISE. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree and acknowledge that the travel packages listed on this Website are comprised from a conglomeration of travel services provided by third parties. In this regard, TropicLink provides value to its customers by allowing its customers to reserve multiple travel services through a single travel package. The ultimate fulfillment of the travel services and hence, the travel packages listed on this Website, are provided by third parties at the ultimate travel destination location. No goods, services, or information of intrinsic value is transmitted or provided to a user of this Website in any state of the United States. To the contrary, you recognize and acknowledge that the use of this Website (including reserving
a travel package) is only a preliminary act to traveling to the ultimate travel destination and using the travel package in that ultimate travel destination. You also agree and acknowledge that any payment for a travel package submitted through this website is processed at , TropicLink's hosted site in Pennsylvania.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and , TropicLink. as a result of this agreement or use of this Website.
TropicLink.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TropicLink.'s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by , TropicLink. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer , TropicLink. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and , TropicLink with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names ofcompanies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the Terms and Conditions herein.
Any rights not expressly granted herein are reserved.
All rights reserved 2013, TropicLink Inc.