
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
1. Use of Site. This site is only for use by licensed travel agents to book reservations for their clients. If you are not a licensed travel agent, use of this site is prohibited. You may only use this site to make legitimate reservations and shall not use this site to make any speculative, false or fraudulent reservations. Unauthorized use of this site and/or the materials contained on this site is illegal and may violate applicable copyright, trademark or other intellectual property laws or other laws.
2. Ownership. This site is operated by LeisureLink (“LeisureLink”) and the content of this site is copyrighted by LeisureLink and/or its third party providers and distributors. The content of this site may not be reproduced, sold, transferred or modified without the prior written consent of LeisureLink and/or its third party providers and distributors.
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. You acknowledge that you have read the Privacy Policy posted on this site, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.
5. Net Pricing. You acknowledge that most prices for products and services posted on the site are net prices, exclusive of the commissions paid to you as the agent booking the reservation. The amount of commission, if any, charged by you on the reservation shall be in your sole discretion. The commission paid to you will be clearly displayed on the site so that it can be seen prior to booking the reservation. For packages, a fixed commission is clearly marked on each package.
6. Reservations. The credit card deposit required to confirm a product or service will be processed by LeisureLink in the following manner: (a) For any reservation made, a credit card charge equal to of 100% of the total aggregate cost of the product or service (including applicable taxes) will be required. (b) All amounts charged on a credit card by LeisureLink pursuant to section (a) above (the “Escrowed Funds”), will be placed in the “ LeisureLink Property Disbursement Account” (the “Escrow Account”). (c) You and LeisureLink agree that LeisureLink will have sole control of the Escrowed Funds while such funds are held in the Escrow Account. However, LeisureLink will not have the right to withdraw the Escrowed Funds until the 45th day prior to the customer’s use of the product or service unless the reservation is cancelled pursuant to the terms of Section 7 below. (d) LeisureLink will disburse the Escrow Funds in the following manner: (i) all commissions, if any, earned by you on reservations booked on this site shall be mailed to you by LeisureLink within seven days of the date on which the use of the product or service is completed by the customer; and (ii) the remaining funds in the Escrow Account shall be disbursed by LeisureLink to itself and the third party provider of the product or service pursuant to the terms of the agreement between LeisureLink and such provider.
7. Cancellations. You must call LeisureLink Customer Service at 1-626-696-4500 in order to cancel any reservation made on this site. Unless otherwise stated on the product page for the specific product or service, all reservations must be cancelled prior to 45 days of use of the product or service. If the reservation is cancelled prior to 45 days before the customer’s use of the product or service, all sums charged to the credit card will be refunded except a $60 processing fee. If the reservation is cancelled within 45 days of the customer’s use of the product or service, the reservation is non-refundable. In addition, all reservations made within 45 days of the customer’s use of the product or service are non-refundable.
8. DISCLAIMER. GIVEN THE INHERENT HAZARDS OF ELECTRONIC COMMUNICATION, LEISURELINK AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT REPRESENT OR WARRANT THAT THE SITE WILL NOT EXPERIENCE DELAYS OR INTERRUPTIONS OR THAT THE SITE WILL BE FREE OF ERRORS, OMISSIONS OR INACCURACIES. FURTHER, LEISURELINK IS NOT RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, ERRORS, OMISSIONS OR INACCURACIES, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION CONTAINED IN THE SITE. ALL INFORMATION PROVIDED IN THE SITE IS PROVIDED “AS IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LEISURELINK, ITS RELATED PARTNERSHIPS OR CORPORATIONS, ITS AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION POSTED ON THE SITE OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN LINKS IN THE SITE MAY CONNECT TO OTHER WEB SITES MAINTAINED BY THIRD PARTIES OVER WHICH LEISURELINK HAS NO CONTROL AND LEISURELINK MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR ANY OTHER ASPECT OF INFORMATION CONTAINED IN ANY SUCH SITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. LEISURELINK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL LEISURELINK OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS 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 (I) 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 (III) THE PERFORMANCE OR NON PERFORMANCE BY LEISURELINK OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. In its sole discretion, in addition to any other rights or remedies available to LeisureLink and without any liability whatsoever, LeisureLink, at any time and without notice, may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
10. Links. This site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by LeisureLink, its third party providers or distributors of the contents of such other web sites. None of LeisureLink or any third party provider or distributor shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
11. Indemnification. You shall defend and indemnify LeisureLink and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, 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 site.
12. Relationship. The relationship between LeisureLink and you will be that of independent contractors, and neither LeisureLink nor any of its respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
13. Miscellaneous. (a) LeisureLink can modify these terms and conditions at any time in its sole discretion. Your continued use of this site will be conditioned on the terms and conditions in force at the time of your use. LeisureLink will not notify you of modifications to this site. (b) This Agreement and its performance shall be governed by and construed in accordance with the laws of the state of California. You consent and submit to the exclusive jurisdiction of the state and federal courts in the City and County of Los Angeles, California for all controversies arising out of or from your use of this site and this Agreement. (c) You may not assign your rights, duties or obligations under this Agreement. (d) Additional terms and conditions may apply to reservations and other uses of portion of this site, and you agree to abide by such other terms and conditions. (e) The headings of paragraphs are designed to facilitate ready reference to subject matter and shall be disregarded when resolving any dispute concerning the meaning or interpretation of any language contained in this Agreement. (f) The terms and conditions shall be deemed severable. Any provision of this Agreement that is held by a court of competent jurisdiction to be prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability, without invalidating or rendering unenforceable the remaining provisions of this agreement. (g) The terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supercedes and prior understandings or agreements (oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. LeisureLink is registered as a Seller of Travel with the State of California. The California Seller of Travel number is 1234567-89. Registration as a Seller of Travel does not constitute approval by the State of California.
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