TERMS & CONDITIONS - GENERAL

1. OWNERSHIP. This site, and each of its modules, is the copyrighted property of Travel Secrets ("TS"),  a division of  Travelware Information Systems, Inc. ("TIS"), and/or its various third party providers and distributors. Much of the online systems and content found on this site is owned by third party providers and distributors and, leisure travel information providers, specifically TIS and TISS GmbH (TISS), Germany. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of TS and/or its third party providers and distributors.

2. USE OF SITE. You may only use this site to make legitimate reservations or purchases and shall not use this site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

4. PRIVACY. By using this site TS and TISS may obtain your E-mail address and other information about you. In order to provide you with the special offers, promotional information and product announcements, TS and TISS may send you communications and may provide information about you to third parties who have valuable products and services to offer. Rest assured that TS will not distribute specific information about your travel reservations except to parties involved in your travel arrangements. When you become a registered user (or if you are already a registered user) and do not want to receive information about special offers, promotional information and product announcements, you may elect to not receive such communications from TS or TISS by sending an E-mail message to each respective party info@travelsecrets.com and info@tiss.com with the subject "No e-mail". TS and TISS will take reasonable steps to remove you from their list of registered users who will have the opportunity of receiving such communications.

5. EXCLUSION OF WARRANTY. TS, TISS AND THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE.

6. LIMITATION OF LIABILITY. IN NO EVENT SHALL TS, TISS OR THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH (I) ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY TS, TISS OR THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

If, notwithstanding the foregoing, TS, TISS or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, TS, TISS and third party provider's and distributor's liability shall in no event exceed, in the aggregate, the subscription fee and service charge for accessing this site with respect to which liability is found. In its sole discretion, in addition to any other rights or remedies available to TS and TISS and without any liability whatsoever, TS or TISS at any time and without notice may terminate or restrict your access to any component of this site.

The foregoing terms and conditions shall apply to both contract and negligence claims.

7. INDEMNIFICATION. You shall defend and indemnify TS, TISS and third party providers and distributors from and against any claim or cause of action brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Web Site.

8. RELATIONSHIP. The relationship between TS, TISS and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

9. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of California, United States of America. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles county, the state of California, United States of America, in all questions and controversies arising out of your use of the site and this Agreement.

10. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

11. MODIFICATION. TS may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

12. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

13. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

15. ENTIRE AGREEMENT. These terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.