. If you do not agree to the terms of this Agreement, you may not use the Airbid Platforms.
This Agreement and all policies posted on the Airbid Platforms set out the terms upon which Airbid offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies and related agreements between you and Airbid are incorporated into this Agreement. You agree to comply with all the above when using our Services.
We recommend you print out a copy of these terms and conditions for your future reference.
The entity you are contracting with is Airbid.com Inc. d/b/a Airbid (“Airbid”), 262 W. 38th St., Suite 1001, New York, NY 10018.
Please be advised that this Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an agreement to arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt-out: (i) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (ii) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
For the avoidance of doubt, the terms: “you,” “your,” “you’re,” “yours,” and any similar verbiage herein refers to you, the user (“User(s)”). The terms, “us,” “our,” “we,” “we’re,” and any similar verbiage herein shall refer to Airbid.
Airbid is an electronic platform to provided to connect travelers and travel agents. The Airbid platform allows travelers to post proposed trip itineraries upon which travel agents (the “Travel Agent(s)”) from around the world can bid to provide their services. Upon acceptance of a bid from a Travel Agent, the traveler contracts directly with the Travel Agent. Airbid does not provide, own or control any of the travel services and products that you can access through our platform. Any purchases made through Airbid are controlled and made available by Travel Agents, and the Travel agents are responsible for such purchases. Your interaction with any Travel Agent accessed through our Platforms is at your own risk and Airbid does not have any responsibility should anything go wrong with your booking or during your travel.
While Airbid may provide pricing, listings, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes between Users and Travel Agents, Airbid has no control over and does not guarantee the existence, quality, safety or legality of travel items advertised; the truth or accuracy of content and/or listings across the Airbid Platforms; the ability of the Travel Agents to offer items; the ability of consumers to pay for items; or that a User or Travel Agent will actually complete a transaction. You should always exercise due diligence and care when deciding whether to accept a bid from a Travel Agent.
You agree to that your use of the Airbid Platforms is intended for your personal, non-commercial use unless otherwise provided with a prior express written permission from us. You may only register to utilize the Airbid Platforms if you are of sufficient legal age and are capable of entering into legally binding contracts and are not temporarily or indefinitely suspended from utilizing the Airbid Platforms.
If you register with us and utilize the Airbid Platforms as contemplated under this Agreement, you are responsible for maintaining the confidentiality of your passwords, login and account information (“Your Confidential Information”). You will be responsible for all use of the Airbid Platforms by you, anyone using Your Confidential Information (with or without your permission). Your Confidential Information must be accurate and up-to-date at all times. If any of Your Confidential Information changes, you must update it immediately. If you have any reason to suspect that your account is no longer secure (if, for example, you suspect there has been loss, theft or unauthorized disclosure of Your Confidential Information or your computer or mobile device used to access the Airbid Platforms), you must promptly change Your Confidential Information that is affected and notify us through the information provided on our Contact Us page.
Your right and ability to use the Airbid Platforms extends only to posting proposed trip itineraries, reviewing Travel Agent bids and profiles, purchasing travel deals, and posting reviews of trips and Travel Agents unless otherwise provided for in a prior express written statement from us. You may not use the Airbid Platforms to make any false, fraudulent or speculative reservation or any reservation in anticipation of a rise in demand. You agree not to use the Airbid Platforms for any purpose that is unlawful, illegal, or forbidden by these terms. The Airbid Platforms are run in the United States. Accordingly, international users must bear in mind that in using the Airbid Platforms, you agree to comply with the applicable laws of the United States and your own country, including any laws that apply to the exportation of technical data.
In connection with using or accessing the Airbid Platforms and Services you specifically agree not to do any of the following without our prior express written permission:
- after posting a travel itinerary on the Airbid Platforms, attempt to contact and purchase travel from our Travel Agents through any platform other than the Airbid Platforms;
- use the Airbid Platforms for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Airbid endorsement, partnership or otherwise misleads others as to your affiliation with Airbid;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- unless Airbid explicitly permits otherwise, post any proposed itinerary if you will not actually be traveling yourself;
- use the Airbid Platforms to post an itinerary and solicit bids from Travel Agents, then attempt to contact Travel Agents outside of the Airbid Platforms;
- make any payment to Travel Agents outside of the Airbid Platforms. If you do so, you acknowledge and agree that you: (i) are in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Airbid harmless from any liability for such payment;
- copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Airbid Platforms in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;
- access our Services with any manual or automated process for any purpose other than your personal use or for inclusion of Airbid pages in a search index;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Airbid or any other third party to protect the Airbid Platforms;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- deep-link to any portion of the Airbid Platforms (including, without limitation, the purchase path for any travel services) for any purpose;
- take any action that may undermine the Airbid Platforms and Services, our computers, systems or the like;
- fail to pay for travel purchased by you, unless you have a valid reason as set out by Airbid policy, for example, the Travel Agent has materially changed the item’s description after you accept a bid, a clear typographical error is made, or you cannot contact the Travel Agent;
- manipulate the price of any item or interfere with any listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- transfer your Airbid account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- attempt to and/or reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Airbid, or that comes from the Services and belongs to another User, Travel Agent or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Airbid and/or any other party holding the right to license such use;
- commercialize any Airbid application or any information or software associated with such application;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Airbid Platform;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
If we believe you are abusing Airbid in any way, we may, at any time and without advance notice or liability, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Airbid Platforms and Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Airbid Platforms and Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
When a provider or seller issue arises, we may consider the User’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both Travel Agents and/or Users.
POSTING AND PURCHASING CONDITIONS
When posting a travel itinerary for Travel Agents to bid on and purchasing a travel deal from a Travel Agent, you agree that:
- you are posting the travel itinerary for legal and legitimate purposes, with a bona fide intent to travel in accordance with the proposed itinerary;
- you are responsible for completely and accurately providing information for the required fields to allow Travel Agents to submit accurate bids;
- you are responsible for reading the full bid, including the Travel Agent profile and any posted terms and conditions before selecting the travel deal;
- upon accepting a bid from a Travel Agent, you agree to make full payment to Airbid and the Travel Agent, contingent on the continued availability of the terms offered by the Travel Agent;
- In rare circumstances, changes in availability of travel agents may prevent a Travel Agent from completing your booking. Airbid has put measures in place to minimize such occurrences, but in the event that it happens, you will be given the options to: see an updated bid from the same Travel Agent, accept a bid from a different Travel Agent, or not accept any bids.
- upon purchasing a travel deal from a Travel Agent, you agree that you are contracting with the Travel Agent, and are subject to the agreement between you and the Travel Agent;
The bid price accepted by you constitutes your final price. However, the final price consists of two elements, and therefore, you will incur to separate charges, which will equal in total, the final bid price.
Airbid will first charge your credit card for Airbid’s fee for the User and the Travel Agent’s use of the Airbid Platform, upon which your encrypted credit card information will be delivered to the Travel Agent. The Travel Agent will then process the balance of your payment.
In the event that you are charged for Airbid’s fee, but the Travel Agent is unable to complete your booking, Airbid will expediently refund your fee.
You hereby agree, acknowledge, and understand that Airbid shall be in no way held liable or responsible for any changes in travel prices or arrangements as a result of a Travel Agents inability to complete a booking. Notwithstanding, Airbid will strive to monitor its Travel Agents to minimize such occurrences, but is under no legal obligation to do so.
INTERNATIONAL TRANSACTIONS; TRANSLATIONS
Airbid Services may be accessible to international Travel Agents, Users and consumers now or at anytime in the future. We may offer certain programs, tools, and site experiences of particular interest to international Travel Agents, Users and consumers, such as estimated local currency conversion, language translation, and international shipping calculation tools. The accuracy and availability of any estimated local currency conversion, language translation and international shipping calculation tools are not guaranteed and you should should endeavor at all times to verify their accuracy.
We own the Airbid Platforms and all of the text, images, software, trademarks, service marks or other material contained on the Airbid Platforms (the “Proprietary Information”). You will not copy or transmit any Proprietary Information, except for your personal, non-commercial use on your computer or mobile device.
If you use the Airbid Platforms you are solely responsible for the travel information, photos, reviews, and other content that you upload, transmit or share with us or others on or through the Airbid Platforms.
When providing Airbid with content or causing content to be posted on any Airbid Platform using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, publicity, trademark and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: (i) your provision of content to us; (ii) your causing content to be posted using the Services; and, (iii) use of any such content (including of works derived from it) by us, our Users, or others in contract with us that is done in connection with the Services and in compliance with this Agreement.
If you provide use with testimonials, feedback, suggestions, comments, ideas, ratings, reviews, bug reports or any similar or related information (“Testimonials”), you agree that: (i) we own the Testimonials and any intellectual property rights associated with the testimonials; (ii) we can use and share the Testimonials without your consent; (iii) we do not have to pay you for the Testimonials; and, (iv) we may already be contemplating the same or similar ideas as presented in your Testimonials. If you do not agree with these terms pertaining to Testimonials, or are desire to maintain ownership of any intellectual property contained in the specific Testimonial, your exclusive recourse is to not submit the Testimonial.
You represent that you understand Airbid does not control, and is under no obligation to review, User-submitted Testimonials. Nevertheless, we reserve the right to review, edit and/or delete any Testimonials submitted at any time.
We may offer catalogs including stock images, descriptions and product specifications that are provided by third parties (including Travel Agents and Users). You may use catalog content solely in connection with your Airbid postings. That permission is subject to modification or revocation at any time at Airbid’s sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT PURSUANT TO SECTION 512(C) OF TITLE 17 OF THE UNITED STATES CODE
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Airbid works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us immediately at firstname.lastname@example.org and we will conduct a thorough investigation of the matter.
AUTHORIZATION TO CONTACT YOU; RECORDING CALLS
You consent to receive autodialed or prerecorded calls and text messages from Airbid at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Airbid may share your telephone numbers with our agents (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
Airbid may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Airbid or its agents for quality control and training purposes or for its own protection.
PRIVACY OF OTHERS; MARKETING
If we provide you with information about another User or Travel Agent you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We endeavor to keep the Airbid Platforms safe, secure, and functioning properly, at all times. However, we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality of the Airbid Platforms may not occur in real time. Such functionality is subject to delays beyond our control. Furthermore, Airbid makes no warranty, and expressly disclaims any obligation that: (i) the Airbid Platforms and Services will meet your requirements or will be available on an uninterrupted or error-free basis; (ii) content will be complete, comprehensive, or applicable to you; (iii) information obtained through the Airbid Platforms and Services will be accurate or reliable; or, (iv) the quality of any services and/or products offered in any listing on the Airbid Platforms and Services will meet your expectations.
You agree that you are making use of the Airbid Platforms and Services at your own risk and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, Airbid excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (i) your use of, or your inability to use, the Airbid Platforms and Services; (ii) pricing, shipping or other guidance we may provide; (iii) delays or disruptions to the Airbid Platforms and Services; (iv) viruses or other malicious software obtained by accessing or linking to the Airbid Platforms and Services; (v) glitches, bugs, errors, or inaccuracies of any kind across the Airbid Platforms and Services; (vi) damage to your hardware device from the use of any Airbid Platform or Service; (vii) the content, actions, or inactions of Travel Agents or third parties, including items listed using the Airbid Platforms and Services or the destruction of allegedly fake listings; (viii) a suspension or other action taken with respect to your account activity or breach of the terms of this Agreement or any other agreement between you and Airbid; (ix) the duration or manner in which your postings appear in our Travel Agent search results; and, (x) your need to modify practices, content, or behavior or your loss of or inability to do make postings as a result of changes to this Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of: (i) any amounts due up to the price the item sold for on Airbid (including any applicable sales tax) and its original shipping costs, (ii) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (iii) $100.00.
If you have a dispute with one or more Users or Travel Agents, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to defend and indemnify Airbid (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and/or agents), and hold us harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by any third parties as a result of: (i) your breach of this Agreement; (ii) your violation of any law or the rights of a third party; or, (iii) your use of the Airbid Platforms or Services in violation of this Agreement or any other agreement validly existing between you and Airbid.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AIRBID HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Airbid agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Airbid Agreement your use of or access to the Airbid Platforms and Services, or any products or services sold or purchased through the Airbid Platforms and Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between you and Airbid, except as otherwise stated in the Agreement. Any and all legal actions shall be brought in the State and Federal courts of New York, in the County of New York.
ALL THE REST
Airbid expressly reserves the right at any time, in its sole discretion, to change or otherwise modify this Agreement with or without prior notice. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. Your continued use and/or access of the Airbid Platforms and Services shall be deemed to constitute your acceptance of any updates or modifications that may be made to this Agreement. Please review this Agreement periodically for changes. If you object to any terms and provisions in this Agreement or any subsequent modifications thereof, or become dissatisfied with the Airbid Platforms in any respect, your sole recourse is to immediately terminate use of the Airbid Platforms. Other terms and conditions may apply to your reservations, bookings, and purchases of travel services through the Airbid Platforms, Travel Agents, and to your use of other portions of the Airbid Platforms, including the Service Provider Program. You agree to observe these other terms and conditions in all respects. If we fail to act with respect to your breach or anyone else’s breach on any occasion, such failure to act shall not be deemed a waiver of our right to act with respect to any similar breach or conduct in the future.
Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Nothing contained in this Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose whatsoever. You may not assign, delegate or transfer your rights or obligations under this Agreement. We may assign our rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The following Sections of this Agreement survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
You acknowledge that you have read and understood this Agreement, and that this Agreement has the same force and effect as a signed agreement.