Guvana, Inc. Terms and Conditions

Agreement between User and Guvana, Inc.

Guvana.com is operated by Guvana, Inc. ("Guvana, Inc.", "Guvana", or "we"). This web site, along with the Guvana mobile site and mobile and tablet applications ("Site") is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site and for purchases done over the phone or other method. This Agreement describes your responsibilities and, among other things, limits the liability of Guvana and its third-party suppliers or providers including, without limitation, the airlines, hotels, rental car companies and other suppliers that provide travel or other services through this Site (such third parties collectively referred to as the "Travel Service Providers"). BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Guvana reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in sweepstakes or other promotions available on Guvana. Guvana incorporates herein, by reference, its Privacy Policy.

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN GUVANA'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Table of Contents

PART I: General Terms and Conditions

A.    Copyright Notice and Claims of Copyright Infringement

B.     Trademark Notice

C.     Acceptable Use/License

D.    Accounts, Security, Passwords

E.     Privacy Policy

F.      Disclaimer of Warranties

G.    Minors

H.    General Limitation of Liability

I.       Indemnification

J.       Third Parties

K.    User Comments, Feedback and Other Submissions

L.     Response to Requests

M.   Links to Other Web Sites and Services

N.    Modification/Termination of Usage

O.    Pricing Errors

P.      Electronic Notification

Q.    International Use

R.     Hyperlinks

S.      Miscellaneous

PART II: Travel Services

A.    General

A.    International Travel: Passports, Visas, Hazards and Disinsection

B.     Travel Service Providers

C.     Important Information Regarding Exchange Rates

 

A.    Airline Tickets and Airline Service Restrictions and other information

A.    General

B.     Non-Use of Flight Segments

C.     Taxes and Fees Charges on Published or Private Price Airline Tickets

B.     Travel Insurance

 

       I.            GENERAL TERMS AND CONDITIONS

A.    Copyright Notice and Claims of Copyright Infringement

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of Guvana, Inc, it's parent, affiliates and the Travel Service Providers. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention. 

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information: 
1. A clear identification of the copyrighted work you claim was infringed. 
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. 
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number. 
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." 
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
Notices with respect to this Site should be sent to us by any of the following methods: email to legal@Guvana.com, by mail to the address below, by phone at the number below, or by facsimile to the number below: 

Guvana, Inc.
Attn: IP/Trademark Counsel

7739 E. Broadway Blvd.,

# 111

Tucson AZ 85710-3941


Telephone : 1-855-448-8262

Fax : 1-520-468-2773



We will review and address all notices that comply with the requirements above. 
We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.


B.     Trademark Notice

"Guvana", as well as additional marks not mentioned here, are service marks of Guvana, Inc. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Guvana or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

C.     Acceptable Use/License

Guvana grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Guvana and/or its Travel Service Providers (hotels, rental car companies, airlines, travel insurer and other providers). Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:

                                i.            access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Guvana;

                              ii.            violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

                            iii.            take any action that imposes, or may impose, in the discretion of Guvana, an unreasonable or disproportionately large load on the Guvana infrastructure;

                            iv.            deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose.

                              v.            deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity;

                            vi.            deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

                          vii.            deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

                        viii.            deliver or provide links to, any postings containing defamatory, false or libelous material.

                            ix.            deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

                              x.            deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;

                            xi.            manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

                          xii.            use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

                        xiii.            attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or

                        xiv.            obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Guvana reserves the right to cancel any airline, hotel or rental car reservation or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.

D.    Accounts, Security, Passwords

You may register to utilize this Site by completing the specified registration process available now or in the future, and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify Guvana immediately of any unauthorized use of your account. Guvana is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

E.     Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Guvana and/or its Travel Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy and the terms of our Travel Service Providers' privacy policies. To the extent permitted by law, Guvana makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Guvana will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.


F.      Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. GUVANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, Guvana DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GUVANA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS 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. Guvana DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

GUVANA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

G.    Minors

Persons under the age of 18 are not eligible to purchase, cancel or modify any services available through Guvana.

H.    General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUVANA, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

FURTHER, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS,RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

No Covered Party shall be responsible for any Travel Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement nor for any Travel Service Provider's failure to comply with applicable federal, state, provincial and local law.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Guvana for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

I.       Indemnification

You agree to defend and indemnify Guvana and the Covered Parties 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 third parties as a result of:

a.       your breach of this Agreement

b.      your violation of any law or the rights of a third party; or

c.       your use of this Site in violation of this Agreement.

J.       Third Parties

If you use this Site to submit Requests for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.

K.    User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to Guvana in connection with your use of this Site, as well as use of the Guvana Facebook ® page or Twitter® page ( collectively, "Comments"), shall be and remain the exclusive property of Guvana and may be used by Guvana in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to Guvana, you are indicating your consent to Guvana's use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of Guvana or its content providers, advertisers, sponsors, affiliated or related entities, and Guvana makes no representations or warranties regarding any Comment. Guvana does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk. Guvana is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence or to keep any of your Comments available on this Site or other websites or pages maintained by Guvana, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

L.     Response to Requests

While Guvana will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither Guvana nor its Travel Service Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

M.   Links to Other Web Sites and Services

To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Guvana does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Guvana's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

N.    Modification/Termination of Usage

Guvana reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Guvana shall not be liable to you or any third-party for any termination of your access to this Site.

O.    Pricing Errors

We endeavor to publish and maintain accurate prices and information for the services we offer, or will offer in the future including but not limited to Airfares, Hotel Rates and Car Rates. Our Travel Service Providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Travel Service Providers, Guvana and/or the Travel Service Provider retains the right to refuse or cancel any Requests placed for such service. Guvana and/or the Travel Service Provider shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect Travel Service Provider information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the Travel Service Provider.

P.      Electronic Notification

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.

Q.    International Use

Accessing materials on this Site by certain persons in certain countries may not be lawful, and Guvana makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States. If you are resident in a country where access to this site is not lawful, you must not transact business with this Site.

R.     Hyperlinks

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Guvana.

S.      Miscellaneous

The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement 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. To the extent permitted by applicable law, the internal laws of the State of Connecticut shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.

    II.            TRAVEL SERVICES

A.    General

1. International Travel: Passports, Visas, Hazards and Disinsection

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Guvana therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. For State Department travel warnings and advisories, go to travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at  www.dot.gov;  www.tsa.gov,  www.faa.govwww.treas.gov/ofac, or  www.customs.gov. At Guvana, we have no special knowledge regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, go to travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html.

According to the Department of Transportation’s website, disinsection is permitted under international law in order to protect public health, agriculture and the environment. The World Health Organization and the International Civil Aviation Organization stipulate two approaches for aircraft disinsection--either spray the aircraft cabin, with an aerosolized insecticide, while passengers are on board or treat the aircraft's interior surfaces with a residual insecticide (residual method) while passengers are not on board. Panama and American Samoa have adopted a third method, in which aircraft are sprayed with an aerosolized insecticide while passengers are not on board. Although the Report of the Informal Consultation on Aircraft Disinsection sponsored by the World Health Organization (November 6-10, 1995) concluded that aircraft disinsection, if performed appropriately, would not present a risk to human health, the report also noted that some individuals may experience transient discomfort following aircraft disinsection by aerosol application. Although few countries now require that aircraft be disinsected, most countries reserve the right to do so, and, as such, could impose a disinsection requirement should they perceive a threat to their public health, agriculture or environment. For more information about disinsection or to review a list of airline contacts for disinsection and a list of countries that require disinsection, please visit the Department of Transportation website at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

2. Travel Service Providers

You agree to abide by the terms or conditions of purchase imposed by any Travel Service Provider, whether that Travel Service Provider is selected by you or by Guvana, including, but not limited to, payment of all amounts when due and compliance with the Travel Service Provider's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Guvana debiting your account for any costs Guvana incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any Travel Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Travel Service Provider and not toward us.

At Guvana, we have no special knowledge regarding the suitability for disabled persons of any portion of any tour or other reservation. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the Travel Service Supplier directly.

3. Important Information Regarding Exchange Rates

Purchases made on our Site are transacted exclusively in United States Dollars (USD). If you make a purchase from us using a non-USD-denominated credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact USD amount initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.

B. Airline Ticket Service Restrictions and other information.

1. General

a.       Airline Rules, Itinerary Changes and Price Changes: Airline tickets available through this Site or other method are subject to the published conditions of carriage and rules, including but not limited to cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time - schedule changes can result in an itinerary that falls outside of contractual agreements. Airlines may also in their discretion change or cancel flights or itineraries. Guvana endeavors to publish and maintain accurate prices and information for its airline services. Airlines and affiliates provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us by an Airlines or affiliate, or filed by us at an incorrect price due to human error, or with incorrect information due to typographical error or other error in pricing or service information received from an airline, or affiliate, Guvana and/or the airline or affiliate retain the right to refuse or cancel any Requests placed for such service. Guvana and/or the airline or affiliate shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect information, Guvana and/or the airline or affiliate will promptly issue a credit to your credit card account in the amount of the charge. In the event that an airline publishes a fare at one price and later determines not to honor that fare at that price, Guvana is not responsible and cannot honor the price that was originally listed by the airline. Only the airline can determine whether or not to honor the mis-stated price.

b.      Frequent Traveler Points: Frequent traveler awards (miles, points etc.), upgrades, certificate vouchers and other discounts or incentives may not apply to Guvana's Airline Service.

c.       Age Requirements: For published price airline tickets, you may make an airline reservation for children age 15 or older to fly without an adult (18 or older) accompanying them. For children under the age of 15, at least one adult passenger age 18 or older must accompany the child(ren) on the same reservation.

d.      Code Share:Some airlines enter into "code share" agreements with a limited number of select airline partners. This means that on certain routes, the airline carrier selling or marketing the flight does not fly its own aircraft to that destination. Instead, it contracts with a partner airline to fly to that destination. The partner airline is listed as "operated by." In most cases you will check in with your "operating" carrier; however, you should verify your flight check-in location with your ticketing carrier. If your flight is a code share, it will be disclosed to you in the booking process and prior to your payment on a price disclosed, retail airline ticket. It will be disclosed to you if your offer is accepted, along with other itinerary information.

 

2. Airline Prohibited Practices

You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city", or "back-to-back tickets" if those practices are prohibited by the airline(s). You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel if that practice is prohibited by the airline(s). You acknowledge that most airlines prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets if you engage in these practices. You agree to indemnify the Covered Parties against airline claims, on the basis of these or any other prohibited practices, for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.

3. Use of Flight Segments

Most airlines require you to use flight coupons in sequential order. For those airlines who allow the use of a ticket for only one segment, if you do not cancel all or part of your journey prior to the departure of any segment of your itinerary, you may forfeit up to the value of your airline ticket, depending on the rules of the fare purchased.

4. Taxes and Fees and Charges on Published or Private Price Airline Tickets

Government imposed taxes and fees and any applicable airline imposed fees are either included in your fare or itemized separately on your checkout page to provide a trip cost. Tax rates in effect at time of purchase are applied to your ticket price. Guvana service fees may be included in the cost of the ticket or itemized separately. Guvana fees can range from US $ 5 up to 35 % of the cost of the purchase. In addition to fees Guvana may earn a commission on Airlines tickets sold through it's site. For international flights, as described below, Airport Entry or Exit Fees may be charged that are not included in your fare or itemized separately on your checkout page. A non-refundable fee per ticket may be applied to published price airline itineraries that include more than one carrier. Paper Ticket Fees, Change/Cancellation/Refund fees, Baggage and other Ancillary fees and Airport Entry or Exit fees on certain international flights may also apply to your itinerary, as described below;

a.       Paper Ticket Fees: A shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional re-handling fee. Note: This fee, if applicable, will be displayed on your contract or quote prior to purchase.

b.      Changes/Cancellations/Refund: All tickets sold are to be considered NON-REFUNDABLE. Even if some fares may be refundable, Airline penalties typically ranging from US $ 100- US $ 450 may apply. If a refund is allowed by the rules subject to a penalty, Guvana will charge a service fee of US $ 55. If any service fees were collected at time of ticketing, those fees remain non-refundable. Refundable tickets, must be submitted for refund 72 hours prior to first departure date of the ticket and flights must be canceled prior to 72 hours as well. Failure to adhere to these time lines and/or failure to cancel the flights will be a reason for denial of the refund request. Some tickets are a combination of multiple fares. If any fares so combined, are nonrefundable, the whole ticket will remain nonrefundable as the most restrictive rules apply. All partially utilized tickets are NON-REFUNDABLE. Tickets are to be considered NON-CHANGEABLE unless otherwise specified. Air travel itinerary changes, if permitted by the fare, may have a change fee charged by the airline typically ranging between US $100 and US $ 450 per ticket that will vary by market, carrier and specific fare rule plus any additional fare and/or tax and fee changes. Changes if allowed, typically requires at least 14 days prior existing departure date or new date, whichever is earlier. Some tickets are a combination of multiple fares. In such situations, the most restrictive rules and the highest change fee applies. If one or more non-changeable fares are combined with one or more changeable fares, the whole ticket is non-changeable. In addition, any changes made with Guvana to your itinerary will incur a per ticket Guvana change fee of US $ 55. For most changes, the whole itinerary must be canceled and re-booked from the beginning, and new fares and then current availability will apply. In some situations it may be cheaper to buy a new ticket on a different airline as the change cost may be very high.

c.       Baggage and Other Ancillary Airline Fees: The airlines may require you to pay additional fees at the airport for certain services and/ or if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance.

d.      Airport Entry/Exit Fees: If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country's entry/exit fee, we suggest that you visit www.travel.state.gov prior to departure.



C. Travel Insurance

Travel Insurance offered on our site is provided through a partnership with Travel Guard. All questions regarding policies or the insurance products or for the servicing of any of the policies, please contact Travel Guard at 1-800-826-4919. Their website for info is www.travelguard.com