Escapade Cruise and Travel
(210)340-6100 / 800-955-6716
Home
Hot Deals
Cruises
Vacations
Slide Show
Vacation Vignettes
Travel Resources
Customer Service
Trip Insurance

User Agreement

 

 

 

Please review the following terms and conditions carefully before using this site.  This Terms of Use agreement (the “Terms of Use”) is a legally binding contract between you and "Escapade Cruise & Travel" regarding your access to and use of the Escapade Cruise & Travel web site (the “Site”). By accessing the Site and/or any of our affiliate member travel agent web sites (each, an “Affiliate Member”), you agree to the terms and conditions as outlined in this legal notice. Escapade Cruise & Travel reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site and/or any Affiliate Member site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. If you do not agree with any part of the following terms and conditions, you must not use this Site and/or any Affiliate Member site.


1.) OWNERSHIP. This Site is the property of Escapade Cruise & Travel, its licensors and/or its various third party providers and distributors and is protected by copyright, trademark and other intellectual property laws. Much of the content found on the Site is owned by third party providers and distributors of various components of travel, and other leisure travel information providers. None of the content or data found on this Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the express written permission of Escapade Cruise & Travel, its licensors and/or its third party providers and distributors. Trademarks, logos, images and service marks displayed on the Site are the property of either Escapade Cruise & Travel, or other third parties. You agree not to display or use such marks without Escapade Cruise & Travel prior written permission.

2.) USE OF SITE. You may only use this Site to pursue making 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. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Site, in any case without the prior written permission of Escapade Cruise & Travel.

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 and/or any Affiliate Member site.


4.) REVIEW OF TRANSMISSIONS. Escapade Cruise & Travel may periodically monitor and review any information transmitted or received through the Site and reserves the right, but does not undertake any obligation, to sensor, edit, remove or prohibit the transmission or receipt of any information that Escapade Cruise & Travel deems inappropriate or in violation of this Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of the Site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Site and/or any Affiliate Member site, you grant Escapade Cruise & Travel and its Affiliate Members a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense-able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any medium.

5.) LINKS TO OTHER WEB SITES. Sites linked to and from this Site are not necessarily under the control of Escapade Cruise & Travel and Escapade Cruise & Travel  shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. Escapade Cruise & Travel does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.


6.) EXCLUSION OF WARRANTY. THE SITE, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY CRUISE SHOPPES TO AN AFFILIATE MEMBER SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CRUISE SHOPPES IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITE AND/OR AN AFFILIATE MEMBER SITE, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITE, OR CONTENT ON THE SITE AND/OR AN AFFILIATE MEMBER SITE. CRUISE SHOPPES DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND/OR AN AFFILIATE MEMBER SITE AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND THE CONTROL OF CRUISE SHOPPES.


7.) LIMITATION OF LIABILITY. CRUISE SHOPPES AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE AND/OR AN AFFILIATE MEMBER SITE, (B) THE CONTENT ON THE SITE AND/OR AN AFFILIATE MEMBER SITE, (C) WEB SITES, AND THE CONTENT THEREIN, LINKED TO THIS SITE, (D) THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY THROUGH THE SITE, (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE AND/OR AN AFFILIATE MEMBER SITE, AND/OR (F) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRUISE SHOPPES CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. 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, Escapade Cruise & Travel 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 or content provided by Escapade Cruise & Travel to an Affiliate Member site, Escapade Cruise & Travel’ liability shall in no event exceed, in the aggregate, the fees charged by the Site, if any, with respect to which liability is found. In its sole discretion, in addition to any other rights or remedies available to Escapade Cruise & Travel and without any liability whatsoever, Escapade Cruise & Travel 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.


8.) INDEMNIFICATION. You agree to indemnify, hold harmless and defend Escapade Cruise & Travel from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or an Affiliate Member site.

9.) RELATIONSHIP. The relationship between Escapade Cruise & Travel 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.

10.) GOVERNING LAW. The laws of the State of Florida, United States of America shall govern this Agreement and its performance. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Broward County, the State of Florida, United States of America, in all questions and controversies arising out of your use of the Site and this Agreement.

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

12.) MODIFICATION. Escapade Cruise & Travel 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.

13.) TERMINATION. Escapade Cruise & Travel may terminate your access to the Site and/or the provision of any of the services offered by Escapade Cruise & Travel at any time for any reason, including any improper use of this Site or your failure to comply with this Terms of Use. Such termination shall not affect any right to relief which Escapade Cruise & Travel and its third party providers and distributors may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to you will terminate and revert to Escapade Cruise & Travel.


13.) 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.

14.) MISCELLANEOUS. This Terms of Use constitutes the entire agreement between you and Escapade Cruise & Travel. Additionally, this Terms of Use 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. The headings used in this Terms of Use are included for convenience only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CRUISE SHOPPES WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CRUISE SHOPPES RELATING TO YOUR USE OF THE SITE.

 

Contact Us


Copyright 2009. All Rights Reserved. - Privacy Policy - Terms of Use