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WEB SITE USAGE TERMS & CONDITIONS
PLEASE READ THESE TERMS AND
CONDITIONS OF USE ("Terms") CAREFULLY BEFORE USING HOMERIC TOURS.COM
(the "Site")
By using the Site, you signify your binding agreement to these
Terms. Homeric Tours and its affiliates (collectively, "Homeric
Tours.com") reserve the right, at our discretion, to change, modify,
add, or remove portions or all of these Terms at any time. Please
check these Terms periodically for changes. Your continued use of
the Site following the posting of changes to these Terms (including
the Site's
Privacy Policy) constitutes your binding acceptance of those
changes.
THE SITE
You may use the Site to make legitimate reservations or purchases,
but you cannot use the Site to make any speculative, false or
fraudulent reservation, any reservation in anticipation of demand,
or for any purpose that is deemed unlawful or prohibited by these
Terms.
Please note that Homeric Tours may change any or all of the content
on the Site, including, but not limited to, products, programs,
and/or services described in or offered through the Site, without
notice and without liability to Homeric Tours.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited
to, images, illustrations, text, audio clips, and video clips, are
protected by or consist of copyrights, trademarks, service marks,
and/or other intellectual property rights ("Intellectual Property").
The Intellectual Property is governed and protected by United States
and worldwide copyright, trademark and/or other intellectual
property laws and treaty provisions, privacy and publicity laws, and
communications regulations and statutes. The Intellectual Property
is owned or controlled by Homeric Tours or other parties that have
licensed to Homeric Tours the right to use their Intellectual
Property or the right to market their products and/or services
(collectively the "IP Providers").
HOMERIC TOURS.COM is a trademark of Homeric Tours, Inc. Except as
explicitly set forth on the Site, the Intellectual Property is
provided solely for your personal, non-commercial use. You agree to
abide by all additional copyright notices, information or
restrictions contained in any material or content on the Site or any
linked site. You may download any Intellectual Property contained on
the Site, solely for your personal, non-commercial use, consistent
with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy,
reproduce, republish, upload, post, transmit, distribute, and/or
exploit any Intellectual Property on the Site in any way (including
by e-mail or other electronic means) without the prior written
consent of Homeric Tours or the IP Providers. Modification of any
Intellectual Property or use of any Intellectual Property for any
other purpose is a violation of the copyrights, trademark rights,
and other proprietary rights. The use of any Intellectual Property
on any other website or networked computer environment or
maintaining unauthorized links to the Site is prohibited by these
Terms.
All software, applications, and modules (collectively, "software")
used on the Site are proprietary to Homeric Tours or licensed to
Homeric Tours by other parties ("Software Providers", together with
IP Providers, the "Providers"). You may not reproduce, reverse
engineer, create derivative works of, reverse assemble or reverse
compile, sell, lease, distribute, rent, assign, transfer, or modify
any software on the Site.
INFORMATION SENT FROM ONLINE USERS
Content you send to Homeric Tours, as between you and Homeric Tours,
whether via e-mail, forms, messages, ideas, and/or suggestions,
becomes the sole property of Homeric Tours and is transmitted at
your sole risk. Homeric Tours will assume no liability for
interception of such transmissions. Homeric Tours will respond to
customer service questions and may also provide promotional
information via e-mail in accordance with the Site's Privacy Policy.
You hereby represent and warrant that you own or have the right to
submit the foregoing to Homeric Tours.
You are strictly prohibited from uploading any material that
contains any virus, worm, "trojan horse," time bomb or similar
contaminating or destructive feature. Violators may be prosecuted to
the maximum extent of the law.
RESPONSIBILITY
You are responsible for maintaining the confidentiality of your
account information and your password. You agree to accept
responsibility for all activities that occur under your account or
password. By using the Site, you represent that you are of
sufficient legal age to use the Site and to create binding legal
obligations for any liability you may incur as a result of the use
of the Site. You understand that you are financially responsible for
all uses of the Site by you and those using your account information
and password. If you should lose your password or become aware that
an unauthorized person may have access to your password, please
contact
Customer Service immediately.
The Site may contain links to sites that are not maintained by
Homeric Tours. While Homeric Tours makes every effort to include
links to only those sites that are in good taste and safe for our
visitors, Homeric Tours does not regularly review materials posted
at such sites. These links are provided solely as a convenience to
you and Homeric Tours does not necessarily endorse all of the
materials appearing on such sites, Homeric Tours shall not be
responsible for the content on such sites, and Homeric Tours makes
no representation regarding the content or accuracy of the content
and cannot guarantee that such sites will not change without Homeric
Tours' knowledge. If you decide to access linked any third party
sites, you do so at your own risk.
PRIVACY
You have read the Site's
Privacy Policy, the terms of which are incorporated herein, and
agree to such terms.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOMERIC TOURS
AND ITS PROVIDERS DISCLAIM (1) ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY
OF THE SERVICES AND MATERIALS PROVIDED ON THE SITE; (2) ALL
WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ALL WARRANTIES,
AND DO NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SERVICES AND MATERIALS IN THE SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
YOU (AND NOT HOMERIC TOURS OR ITS PROVIDERS) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL HOMERIC TOURS OR ANY PROVIDERS OR DISTRIBUTORS 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 THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT,
IMAGES, VIDEO, AUDIO OR OTHER INFORMATION FORM THE SITE. IN NO EVENT
SHALL HOMERIC TOURS OR ANY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR
ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, 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, THAT ARISE OUT OF OR ARE IN ANY
WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE
SERVICES OR MATERIALS IN THE SITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF HOMERIC TOURS OR ANY PROVIDERS EXCEED THE TOTAL CHARGES
SET FORTH IN THE ITINERARY GIVING RISE TO SUCH LIABILITY. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT
YOUR OWN RISK.
INTERNATIONAL USE
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export or
re-export the Intellectual Property to countries or persons
prohibited under United States' export control laws. By using,
copying, or downloading all or any portion of the Intellectual
Property, you are representing that you are not in a country where
such export is prohibited and that you are not on the US Commerce
Department's Table of Denial Orders or the US Treasury Department's
list of Specially Designated Nationals and that you are not
providing access to the Intellectual Property to any person
similarly situated.
Homeric Tours makes no representation that materials or services
available on the Site are appropriate or available for use in
locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those
who choose to access the Site from other locations do so on their
own initiative and are responsible for compliance with local laws.
TERMINATION
Homeric Tours reserves the right, in its sole discretion, and
without liability, to terminate your access to all or part of the
Site, with or without notice, for any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify Homeric Tours and any Providers 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 the Site.
ADDITIONAL TERMS AND CONDITIONS OF PURCHASE; HOMERIC TOURS FEES
AND POLICIES
Additional terms and conditions may apply to reservations, purchases
of goods and services or requests to purchase, use of software, and
other uses of portions of the Site, and you agree to abide by all
other applicable terms and conditions, including, but not limited
to, paying all amounts owed on a timely basis and complying with all
rules and restrictions regarding availability of fares, products,
programs or services and use of software. You are responsible to
read any fare or rate rules that apply to your purchase and agree to
be entirely responsible for all charges, fees, penalties, duties,
taxes and assessments that result from your use of the Site. If the
fare or rate rules are not available or you don't understand them,
contact Homeric Tours Customer Service.
No reservation is guaranteed until ticketed or confirmed. Your
reservation will not be processed until your credit card billing
address has been verified; if it cannot be verified through the
proper channels, you will be notified via e-mail within twenty-four
(24) hours.
In most cases, the ticketing process begins within a few minutes of
the time you submit your reservation purchase. If you submit a
reservation in error, you must contact Homeric Tours Customer
Service immediately; you will be held responsible for any applicable
service, processing, or cancellation fees, and/or any applicable
penalties or fees assessed by an authorized distributor. If you
provide an inaccurate credit card billing address, there may be a
delay in processing your itinerary. This may result in a change in
your fare or loss of product or service availability.
Credit cards will be accepted under the following conditions only:
- The purchase is subject to
credit card approval by the issuing bank or institution.
- The credit card must have a
United States or Canadian billing address. We regret that, at
this time, we do not accept credit cards with billing addresses
outside of the United States or Canada.
- The credit card and billing
address must be verifiable through our computer system or by
calling the issuing bank.
We accept the following types of
credit cards:
VISA ® MasterCard ®
American Express ®
Homeric Tours and its Providers are
not responsible for (i) any change in fare or any other charges
related to a credit or debit card that is declined by the issuing
institution or a travel vendor; or (ii) any transaction that is
declined if, for any reason, the credit card billing address cannot
be verified in a timely manner.
Special airline meal or service requests are not guaranteed and are
subject to availability and airline policies. You must contact the
airline directly to verify availability of required services such as
a wheelchair, supplemental oxygen, etc. You must contact the airline
directly or our Travel Professionals at 1.800.223 5570 to verify
restrictions, policies or guidelines and additional fees or charges
for any travel permitted by minor children unaccompanied by an adult
companion.
Specific car and hotel types and special requests are not guaranteed
and are subject to availability and to the policies of the car
rental agencies or hotels. You must contact the individual service
provider to verify that your desired product or service.
Certain specific conditions related to airfare promotions of Homeric
Tours follow (subject to change without notice): All fare listings
are informational only and may not reflect current seat
availability; airfares quoted are "per adult" (unless otherwise
indicated)/not guaranteed until ticketed/apply to U.S. point-of-sale
and point-of-ticketing only; limited time offer; offer void where
prohibited by law; lower fares may be available; unless otherwise
stated: fares may be subject to advance
purchase/eligibility/availability/seating limitations; fares may not
permit refunds/exchanges/upgrades/stopovers/waitlisting/ticket
validity beyond one year (or, if permitted, penalties/restrictions
may apply); travel restriction days/dates/minimum or maximum
stays/holidays/seasons/blackout dates and/or other restrictions may
apply. Fares/fare rules are subject to change without notice; for
fare-rule details or code-share flight information, contact our
Travel Professionals at 1.800.223 5570.
OTHER
These terms shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect to any
principles of conflicts of law. You agree that any action at law or
in equity arising out of or relating to these terms shall be filed
only in the state or federal courts located in New York City, New
York, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and
enforceability of any remaining provisions. |