TRAVEL AGENT TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
Sky Bird Travel & Tour, Inc., including its subsidiaries and affiliated entities (collectively "we" or "us") offers access to and use of skybirdtravel.com (the "Website") to the travel agent (including its agents and employees - hereinafter "you") subject to your acceptance of these terms and conditions without modification ("Terms"). Your use of the Website constitutes your agreement to all such terms, conditions, and notices. Additionally, by accepting these terms and conditions, you agree that these terms and conditions (as applicable), shall govern the relationship between you and Sky Bird Travel & Tour, Inc., whether your purchase was made by using the Website, in person at a local office, or by telephone.
The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Sky Bird Travel & Tour, Inc. and/or the airlines whose tickets are being sold ("Airlines"). Accordingly, as a condition of using this Website, you agree not to use this Website, its contents, or information for any purpose other than for selling Airline tickets and related travel services which will be booked through this Website. You may make copies of travel itineraries (and related documents) for travel purchased through this Website, provided that you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Website other than for the purposes specified above. In addition, whether or not your purpose is commercial, you agree not to:
(I) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Sky Bird Travel & Tour, Inc.;
(II) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(III) take any action that imposes, or may impose, in the discretion of Sky Bird Travel & Tour, Inc., an unreasonable or disproportionately large load on the Sky Bird Travel & Tour, Inc. infrastructure; or
(IV) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Sky Bird Travel & Tour, Inc.
2. USE OF SITE.
You may only use the Website if you have registered and been approved by Sky Bird Travel & Tours, Inc. You are responsible for maintaining the secrecy of your passwords, login and account information. Each of your employees who use the Website MUST have their own, separately identifiable user/login name and must use such user/login name each time he/she uses the Website. Neither you nor any of your employees shall provide password and/or login information to anyone who is not your direct employee and working exclusively on your behalf. You will be financially responsible for all uses of the Website by you and anyone using your password and login information, and you agree to promptly pay for all such uses, including but not limited to all charges made and fees/commissions charged by/due to Sky Bird Travel & Tours, Inc.
You may only use the Website to make legitimate reservations or purchases. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Web Site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to the Website may not be uninterrupted or available at all times. For all published, non-commissionable fares booked through the Website, Sky Bird Travel & Tours, Inc. will charge a flat rate service fee which will be shown before your final purchase or reservation decision. Any such service fee is non-refundable.
You are permitted to make a certain number of scans/searches without charge, the number of which is increased with the amount of bookings made on the Website. We reserve the right to charge not more than $0.05 per scan for excessive scans without bookings. You will not be charged such amount without receiving prior notification. In addition, your services may be suspended for making excessive scans without bookings, at which time you will to have contact Sky Bird Travel & Tour, Inc. prior to being permitted to log in to the Website.
We will use every effort to ensure fares are accurate, but we reserve the right to deny any fare which may have been incorrectly posted. We are not responsible for incorrect fares displayed on this Website.
5. WARRANTY DISCLAIMER
WE MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THE WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
6. LIMITATION OF LIABILITY
WE WILL NOT BE RESPONSIBLE OR LIABLE FOR: (I) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE; OR (II) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THE WEBSITE OR ITS CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN; (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR TICKETING); OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY AIRLINE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE AIRLINES PROVIDING TRAVEL FOR SKY BIRD TRAVEL & TOURS, INC. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SKY BIRD TRAVEL & TOURS, INC., OR ITS AFFILIATES. SKY BIRD TRAVEL & TOURS, INC. AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH AIRLINE OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SKY BIRD TRAVEL & TOURS, INC., AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Notwithstanding anything in these terms and conditions to the contrary, Sky Bird Travel & Tours, Inc., shall in no event be liable to you for any monetary amount in excess of fifty percent (50%) of the net profit earned by us from sales to you in the twelve (12) month period immediately preceding the date upon which the event giving rise to such liability occurred.
With respect to each ticket, booking or other service that you request, you agree to pay us all fees and charges associated with your order. Unless otherwise agreed between you and us, in writing, you agree that all charges invoiced to you by Sky Bird Travel and Tours, Inc. shall be paid to us within five (5) days from your receipt of such invoice (whether by mail, facsimile or e-mail). Airline ticket refunds, exchanges and/or voids initiated by you (to the extent permitted by the airlines and less any fees or penalties assessed by the airlines and Sky Bird Travel and Tours, Inc.) with respect to tickets for which Sky Bird Travel & Tours, Inc., which have been paid, will be refunded within fifteen (15) days from the date we receive the refund from the respective airlines. No refund will exceed the amount received by us from the airline or be provided prior to our receipt of the same. You shall be responsible for initiating the refund process and providing all documents as required by the airline.
Once an order or booking is placed, you are unconditionally liable to pay for the same. Under no circumstances shall your failure to collect payment from any of your customers, excuse, limit, reduce or release you from your obligation to pay us for your order and/or booking. In the event Sky Bird Travel and Tours, Inc., is not paid any amount due under these terms and conditions, we expressly retain the right to 'refund' or 'cancel' any and all orders, booking and/or tickets not yet traveled upon, provided however we shall only do so to the extent necessary to recover the unpaid balance due under these terms and conditions.
We are not responsible for any third party fees or charges incurred in any transaction that involves a currency conversion. By agreeing to use both systems you are acknowledging that you are responsible for any fees incurred.
8. CREDIT/DEBIT CARDS
You are solely responsible for the verification of any payment information entered on the Website or provided to us. You agree to indemnify us from any loss or damage we incur due to the failure of any method of payment for any reason whatsoever, including but not limited to fraud, stolen cards, insufficient funds, improper verification, etc. In the event of any credit card charge-backs or debit memos, you shall pay us the amount of the charge-back and/or debit memo, immediately upon your receipt of a copy of the same. If you wish to dispute the charge-back and/or debit memo with the credit card services, after you have paid Sky Bird Travel and Tours, Inc. as required above, Sky Bird Travel & Tours, Inc. shall cooperate with you raising such dispute.
9. PAST DUE BALANCES
We reserve the right to charge interest on all past due balances of twenty (20) days or more, provided that no interest shall be charged in excess of that permitted by law. Unless otherwise prohibited, interest will be calculated at a rate of 1.5% per month from the due date of the payment until the date such payment is made.
You will defend, indemnify and hold Sky Bird Travel & Tours, Inc. and each of our officers, directors, employees and agents, from and against any and all claims, actions, liabilities, debts, charge-backs, debit memos, fees, judgments, losses, damages and demands, including without limitation reasonable legal and accounting fees, which we incur due to: (I) your use of the this Website; (II) your acts or omissions (in whole or in part); (III) any claims or suits brought by any of your customers in which we are named by any party; or (IV) any breach by you of these terms and conditions, including the failure to pay us as agreed.
Certain Confirmations: On rare occasions, you may receive a flight confirmation, but the Airline may not accept the request to issue a ticket. In this event, we will email you a rejection email. Please make sure your email address is correct. In this event you will not be charged.
Back-to-back or mixing of itineraries: The use of coupons from two or more tickets issued as round trip fares for the purpose of circumventing Airline restrictions is called "Back To Back Ticketing" and is not permitted. Airlines and travel agents are prohibited from issuing such tickets. Each Airline reserves the right to deny transportation to passengers found using tickets in this manner. Passengers will be responsible for the difference between the fare paid and the fare of the actual itinerary.
Fares not guaranteed until ticketed: You will be notified promptly if your fare cannot be ticketed and in most cases an alternative will be offered. If you decline the alternative, you will not be charged. It is your responsibility to ensure that sufficient funds are available for any air travel purchased. If your credit card and/or payment method is declined, the listed fare may not be available at a later time.
Wait listed PNRs: If you create a wait listed PNR, the PNR is NOT confirmed and may be cancelled. Once confirmed, you will be notified of the final price.
Taxes estimated: Please note that until such time as you enter the payment screen, taxes have been estimated and provided solely for your convenience. Prior to purchasing, please review the final charges as previous figures are subject to change.
Schedule changes: You are responsible to provide all information with respect to flight schedule changes to the traveler, whether or not listed on PNRs. In the event the flight schedule change is not indicated on the PNR, we will use our best efforts to notify you of any flight schedule changes. Sky Bird Travel and Tours, Inc., upon your request, will use its best efforts to accommodate traveler requested changes in the flight schedule.
Open account: You acknowledge that notwithstanding any accounting records, billing invoices, ticket tracking schedules or other similar documentation, that all sums that may become owed to us hereunder are on an "open-account" basis and that all amounts paid to us shall be applied to the airline tickets or services in the order in which the airline tickets and/or services are traveled upon.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. We may modify the Terms of this Web Site, at any time, and your use of the Website will be subject to the Terms in effect at the time of your use. Other terms and conditions may apply to your reservations, bookings and purchases of travel services through the Website. You will observe these other terms and conditions. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site and our relationship in general, and replaces any prior understandings or agreements (whether oral or written).
The laws of the State of Michigan or the Province of Ontario, without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them, and you hereby voluntarily submit yourself to the exclusive jurisdiction of the State of Michigan or the Province of Ontario and the courts located within the State of Michigan or the Province of Ontario. If any legal action arises relating to your use of our site, our relationship or these Terms, you agree that such action, whether filed by you or us, shall only be filed in the state and federal courts located in Oakland County, Michigan (state) and Wayne County, Michigan (federal) or Toronto, Canada.
13. NO AGENCY OR EMPLOYMENT RELATIONSHIP
The use of this Website creates no agency and/or employment relationship between you and Sky Bird Travel & Tours, Inc. You hereby certify and acknowledge that you are acting solely as an independent contractor and not as an agent, employee, partner and/or joint venture with Sky Bird Travel & Tours, Inc.
14. AIRLINE TERMS AND CONDITIONS
You agree to abide by the terms and conditions of purchase imposed by any Airline with whom you elect to deal. Airlines are required to make available to the public the terms of its contract of carriage pursuant to Title 14, Part 253 of the Code of Federal Regulations, and we make available the fare rules for all Airline tickets prior to purchase. Unless otherwise stated in the fare rules, all fares are NON-REFUNDABLE, NON-TRANSFERABLE and cannot be changed once purchased. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any Airline with whom you elect to deal, including terms and conditions of purchase set forth in an air carrier's fare rules or contract of carriage.
States in which Sky Bird Travel & Tour, Inc. (and/or its subsidiaries/affiliated entities), has a required license to sell travel
*CALIFORNIA: REGISTRATION AS A SELLER OF TRAVEL DOES NOT CONSTITUTE APPROVAL BY THE STATE OF CALIFORNIA. California law requires that certain sellers of travel in the State of California have a trust account or bond. Sky Bird Travel & Tours of California, Inc. has a trust account/with Bank of America. Sky Bird Travel & Tours, Inc. is not a participant in the California Travel Consumer Restitution Fund (TCRF).
California Seller of Travel Certificate # 2064537-40
Florida Seller of Travel Certificate # ST36960