"Going above and beyond" is not just our tag line, it is out motto. Our services go beyond helping clients book tours, cruises, corporate travel and humanitarian travel. We provide exceptional service to all our clients. As a pioneer in the industry, we take great pride in the fact that we have withstood the changes over 3 decades, and continue to thrive.
Up and Away Travel is one of the few travel agencies selected by American Express Travel to partner with. We maintain the highest standards of service, while keeping in touch with the varied needs of our clients, both individuals, as well as groups. We keep pace with the trends of most modern travel agencies by constantly upgrading our knowledge and technology.
Our relationship with clients does not end with a first time purchase, as most of our clients are repeat customers. Over the years, we have built a long list of satisfied clients. And, as one of the top full service travel agencies in the U.S.A, we reward their loyalty by offering them the best service every step of the way, from the moment they contact us.
Welcome to the UpandAway.com website. The UpandAway.com website, mobile or tablet applications, or any other feature on the UpandAway.com platform (collectively our “Website” or “UpandAway.com”) is designed to be as user-friendly, informative and secure as possible. Our Website is provided solely to assist customers in gathering travel information and purchasing travel-related goods and services. Our website is intended for personal, non-commercial use. For the purposes of this Agreement, (a) “we”, “us”, “our”, “UpandAway”, and “UpandAway.com” refer to UpandAway Inc. d/b/a UpandAway.com, (b) “you” or “your” refers to you as the user of our Website, (c) “including” or “includes” means including without limitation, and (d) “Bookings” means any goods or services (including airline tickets and hotel bookings) purchased or reserved through the Website.
UpandAway.com 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 periodically. The amended Terms shall be effective from and after the date that they are posted on our Website.
Our Website is intended to provide services primarily for residents of North America. This Agreement applies to any use of the Website, any use of the Services and any Bookings made from the United States. We may determine your location including through use of your IP address. If your IP address is located in the United States, these terms and conditions apply to you.
BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED BELOW.
As a condition of your use of our Website, call center agents, and other products and services provided by UpandAway.com, including any content (together “Services”), you warrant that:
UpandAway.com retains the right, at our sole discretion, to deny access to anyone to the Services we offer, at any time and for any reason, including for violations of this Agreement.
These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, USA. Unless otherwise mutually agreed by the parties in writing or as described in the Mandatory Arbitration provision below, you consent to the exclusive jurisdiction of the courts located in New York in any action arising out of or in connection with this Terms and Conditions. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
Any and all Claims will be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”); except that you may assert Claims on an individual basis in a small claims court located in [New York County, New York] if they qualify under the rules of the small claims court. This includes any Claims you assert against us, our subsidiaries or affiliates, Travel Service Providers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. Please note that UpandAway.com may also undertake any Claims against you at the small claims court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims are less than $10,000, we will reimburse you the filing fees that you paid to the AAA and we will pay your arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “UpandAway.com Legal: Arbitration Claim Manager,” at legal@UpandAway.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS & CONDITIONS, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
All Claims you bring against UpandAway.com must be resolved in accordance with this “Resolution of Disputes” section. All Claims filed or brought not in accordance to this “Resolution of Disputes” section shall be considered improperly filed and void. Should you file a Claim not in accordance with this “Resolution of Disputes” section, we may recover from you our attorneys’ fees and costs up to US$1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Our Website provides extensive information related to travel to our customers, which may include information about vacation destinations, tour packages, travel providers, airfares, flight schedules, cruise details, travel insurance, or and foreign currencies.
We receive this information from third-party sources such as airlines, hotels, tour operators and transportation providers. We always take reasonable care to make sure this information is accurate and up-to-date. However, we cannot guarantee the accuracy of this information or that it is the most current information available and cannot be held liable for any inaccuracies. Moreover, please understand that all the information on our Website is subject to change. Also, travel products, packages and services described on our website are subject to availability.
As a traveler, you must know and understand the applicable legal requirements related to travel, including passport, visa and health requirements. the ultimate responsibility for obtaining this information and complying with any and all passport, visa, health or other requirements remains solely and exclusively with you.
Additional terms and conditions, including additional terms and conditions set out by Travel Service Providers, may apply to Bookings (“Additional Terms”). Please read such Additional Terms carefully, including any airline conditions of carriage which may be set out on an airline’s website. You agree to abide by any applicable Additional Terms, including Additional Terms relating to payment, availability, check-in times, baggage fees, baggage restrictions, change fees, cancellation fess, and the use of fares, products, or services. For greater certainty, airline fare rules are Additional Terms.
If your itinerary includes flights operated by more than one airline, please read carefully each such airline’s terms and conditions, which can be found on each airline’s website. Each airline will have its own restrictions, rules and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer may be responsible for any fees or ticket cost incurred for making changes to the unaffected flight. Such airlines may charge their own fees for changes, refunds, or if exchanges are requested. You are responsible for complying with each airline’s terms and conditions, which may differ (for example, check-in times and limits on baggage size/weight). It is advisable you print your outbound and return portions of your e-ticket confirmation for all flights prior to traveling. You may be asked for proof of your return ticket at check-in. UpandAway.com may offer customers the opportunity to book a booking for a combination of two one—way tickets instead of a roundtrip ticket.
Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a customer to make changes to the other flight, the customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
If you are traveling internationally, please be advised that the provisions of the Montreal Convention and the Warsaw Convention may be applicable to your journey including portions entirely within the countries of departure or destination. The Conventions govern and in most cases limits the liability of carriers to passengers for death or personal injury.
Passengers are responsible for ensuring that they meet foreign entry requirements and that their travel documents, such as but not limited to passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
BY OFFERING BOOKINGS FOR PARTICULAR INTERNATIONAL DESTINATIONS, UpandAway.com DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Each airline has its own policies regarding baggage allowances, fees and restrictions. These policies differ from airline to airline and can change at any time. We try our best to display current baggage fee information on our Website, but we cannot guarantee the accuracy of this information. Ultimately, you are responsible for verifying your airline’s baggage policies and fees before your departure. Also, please be aware that baggage fees are not included in the cost of your trip.
Every airline will have their requirements pertaining to check-in. It is important to verify what the check-in requirements are prior to your flight.
As per the flight industry standard, we recommend the following for your check-in:
Changes to flight schedules (including cancellations, delays and other schedule changes) can occur for any number of reasons, including bad weather, mechanical problems, crew issues and civil unrest, and can happen at any time, including after having checked in, either in person or online. Such schedule changes (“Schedule Changes”) can also include the change to your original flight from a direct non-stop itinerary to include a stop(s) and/or connection(s) to your final destination. Please note that all Schedule Changes stem from the airlines directly.
Each airline has its own policy regarding options and remedies available depending on various types of Schedule Changes, and whether affirmative action from the passenger is needed to re-confirm changes to an itinerary. You can always check your fare rules to find the policy applicable to you and your flight. In order to ensure our customers remain informed regarding the status of their flights and to protect our customers’ tickets from being invalidated, we have implemented the following guidelines. Check your fare rules and you can always call us for assistance with your particular ticket. When Schedule Changes, including cancellations, occur, we will try to notify our customers of any such changes to their itinerary in accordance with the following guidelines:
Although we make every effort to provide you with Schedule Change information as described above, circumstances outside our control may impede our ability to do so. Accordingly, please note the following:
If you do not find out about Schedule Changes, including cancellations, until 24 hours prior to departure or if you are already at the airport, or in-between flights, we strongly recommend you work directly with the airline staff to understand your options for alternative transportation, as they are better placed to facilitate an efficient and expeditious solution. Please note that in some cases, especially during bad weather, your options may be limited.
UpandAway was able to secure a great price for your original flight. However, cancelling your ticket and exchanging it for a future flight may be subject to restrictions and/or additional costs. Prices for replacement flights may be higher than what you originally paid, and may involve less choice, due to the limitations imposed by the airlines for flight exchanges. Potential restrictions and/or limitations include:
Upon rebooking, you may be charged an Exchange fee per passenger by the airline.
Your reservation must be cancelled prior to the scheduled departure date or you risk losing the full value of your ticket.
You must rebook your new flight(s) through UpandAway. You can rebook by contacting one of our Customer Service Agents or by logging into “Manage My Booking” on our website.
In addition, in the event you are cancelling your ticket, you may be charged the applicable additional fees set out in Section 13 (Fees for Cancellations, Changes and Refunds) below.
Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed booking. Each airline has its own rules for dealing with such scenarios, which are contained in the airline’s contract of carriage. Check with the airline or call us for details.
All prices displayed on our Website are subject to change at any time without prior notice. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other Travel Service Providers may change their prices without notice.
Once you have submitted your payment information, you should receive an email titled “Booking Notification” from us or the applicable Travel Service Provider (a “Booking Notification”). Your Booking Notification may provide you with a confirmation number before purchase has been completed and before a ticket has been issued). If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued by your air carrier.
If a price increase occurs after you have made a booking that affects your travel package, we will notify you of the price increase before taking any further steps. However, no price increases will affect your travel package once your booking has been finalized.
Pricing is displayed in USD and/or CAD currency.
We reserve the right to cancel a Booking that has been accepted booking if full payment is not received in a timely fashion.
The rate applied on the date of issuance of the ticket is only valid for a ticket fully utilized and in the sequential order of flight segments on the dates indicated. Improper use may void the ticket and result in cancellation of the entire trip.
Bookings cannot be cancelled or changed, and are non-refundable, unless otherwise expressly stated as part of your Order or in these Terms. Your ability to cancel, or change or Booking., or to obtain a refund for your Booking, is subject to any airline fare rules and regulations. If you find that you must cancel a Booking for any reason, please contact us as Travel Service Providers may, on a case-by-case basis, permit changes to, the cancellation of, or refunds for, Bookings. We will assist you in this process.
In the event that your Booking can be cancelled, changed or refunded in accordance with the foregoing, (a) we will charge you the fees set out in Section 14 (Fees for Cancellations, Changes and Refunds) as applicable, and (b) Travel Service Providers may charge you additional fees.
If your Booking is for an airline ticket, even if your airline ticket Booking is non-refundable:
Name changes: Please be aware that once you have made a Booking, name changes are not permitted. If you find you need to change or correct the spelling of a name after you have made a Booking, you will have to cancel your original Booking, if permitted and otherwise subject to this Section 13 (Cancellations, Changes and Refunds), and then make a new Booking with a new flight at the then-current rate using the correct spelling of the name. Therefore, it is imperative and your responsibility to verify the spelling of the names of all passengers before making your Booking.
Refund requests, when or if permitted, are subject to the Travel Service Provider’s rules and regulations of purchased tickets. If the refund request is approved by the Travel Service Providers, we are unable to provide a specific timeline for how long it may take for this requested refund to be processed.
In the event that a refund is provided, please note that any fees associated with the Booking, or any fees that we charge you in accordance with Section 14 (Fees for Cancellations, Changes and Refunds) below, are not refundable. Please note that we are dependent on the Travel Service Providers for receiving the requested refunds. If a refund is approved by the Travel Service Provider it may take additional time for this to be credited back to you. Please note that it may take an extended period time for refunds to be processed.
Travel Service Providers may charge fees in connection with your Booking or, to the extent permitted, any cancellation, change, or refund thereto (e.g. a cancellation penalty). In addition to such Travel Service Provider fees and any fees associated with the original Booking, UpandAway will charge the following fees as applicable where cancellations, changes and refunds are permitted in accordance with these Terms. UpandAway fees are charged on a per-passenger, per-ticket basis in the currency of the related Booking and are generally non-refundable.
Table 1: UPANDAWAY FEES FOR CANCELLATION, EXCHANGES AND MODIFICATIONS IF “24-HOUR CANCELLATION PROTECTION” WAS NOT PURCHASED AT THE TIME THE BOOKING WAS MADE *
|Request Type||Amount per-ticket, per-passenger, if request submitted within 24 hours from the time ticket was purchased||Amount per-ticket, per-passenger, if request submitted beyond 24 hours from the time ticket was purchased|
|Cancellation, exchange or any modification to booking||Per-passenger, per ticket fees:|
Domestic: up to $75
Transborder: up to $75
International: up to $75
|Per-passenger, per ticket fees:|
Domestic: up to $75
Transborder: up to $125
International: up to $200
Table 2: UPANDAWAY FEES FOR CANCELLATION, EXCHANGES AND MODIFICATIONS IF “24-HOUR CANCELLATION PROTECTION” WAS PURCHASED AT THE TIME THE BOOKING WAS MADE *
|Request Type||Amount per-ticket, per-passenger, if request submitted within 24 hours from the time ticket was purchased||Amount per-ticket, per-passenger, if request submitted beyond 24 hours from the time ticket was purchased|
|Cancellation, exchange or any modification to booking||Per-passenger, per ticket fees:|
Domestic: up to $0
Transborder: up to $0
International: up to $0
|Per-passenger, per ticket fees:|
Domestic: up to $75
Transborder: up to $125
International: up to $200
* OPTIONAL “24-HOUR CANCELLATION PROTECTION”:
You may choose to purchase our optional “24-HOUR CANCELLATION PROTECTION”, for $19.99 per passenger, if:
In such a case, you will not be charged any UpandAway or Airline fees to cancel your itinerary if the request is made within 24 hours from the time your ticket was purchased.
The UpandAway “24-HOUR CANCELLATION PROTECTION” product is non-refundable once your Booking has been completed.
Some banks and credit card companies charge a fee for international transactions. They will appear on your credit or bank card statement as a foreign or international transaction fee. For example, if you make a Booking through our Website from outside The United States using a American credit card, your bank may convert the payment amount to your local currency and may charge you a fee for the conversion. The amount of the charge appearing on your credit or bank card statement may be in your local currency and different than the purchase amount shown on the billing summary page for the Booking.
In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside the United States.
Booking international travel through our website may be considered an international transaction by the bank or credit card company since UpandAway.com may pass your payment on to an international travel supplier.
Your bank or credit card company determines the currency exchange rate and the amount of the foreign transaction fee on the day it processes the transaction. Please contact your bank or credit card company should you have any questions about these fees or the exchange rate applied to your transaction.
Booking notification: Once your purchase is complete, you should receive an email titled “Booking Notification.” Your booking may provide you with a confirmation number before a ticket has been issued. If this is the case, the booking process is not complete and the fare is subject to change until a ticket is issued.
Once your ticket has been issued, you should receive your electronic ticket.
We strongly recommend that you re-confirm your flight booking with the airline 24 hours prior to departure for domestic flights, and 72 hours prior to departure for international flights.
Our digital Seat Request service is an optional service that allows UpandAway to request specific seats to the airline on your behalf. Your seat requests will be transmitted to the airline once your booking is confirmed. Note that some of the seats that are shown at the time when your selection is made may no longer be available when the request is transmitted to the airline.
We do not guarantee that the airline will assign the requested seats. Seat Request fees will be refunded if we are unable to confirm with the airline that the requested seats have been assigned.
The airline may move you to a different seat in the event of a schedule change, aircraft change or any other unforeseen event.
Please contact the airline directly to confirm your seat assignment prior to departure. Click here to view the contact information of the airlines we have partnered with.
If you do not request a seat in advance, a seat will be automatically assigned to you at the time of check-in.
UpandAway’s Flex Ticket service is an optional service that allows you to change the date and time of your booking without incurring any change fees from the airline and/or from Flighthub up to twenty-four (24) hours prior to departure.
If purchased during the booking process, the Flex Ticket allows you to the change date and/or time of your booking under the terms set out in this section. Should you wish to make any changes to passenger information, origin or destination, or airline, you will incur regular change fees as set forth in Section 14 herein. The Flex Ticket must be booked and paid for during the booking process and cannot be added afterwards.
The rebooking of a flight using the Flex Ticket service is subject to availability. If the desired change results in a more expensive ticket, you have to bear the additional cost yourself. If the desired change results in a less expensive ticket, price difference is non-refundable.
The cost of the Flex Ticket portion of your Booking is refundable if you cancel your flight within the 24 hours after purchase (the “Void Period”). However, the Flex Ticket portion of your Booking is non-refundable if you cancel your flight outside of such Void Period.
When providing our Flex Ticket service, all rebooking requests making use of the Flexible Ticket service must be made via our customer service (see Section 34). You cannot make use of our Flex Ticket service by contacting the airline directly.
The Flex Ticket allows flights to be rebooked under the following conditions:
If you want to rebook your ticket, you have to contact our customer service by phone during our ordinary opening hours. You can find our phone number by using the following link: www.UpandAway.com/service/help
Please note that requesting specific meals, frequent flyers etc. are requests only. The airline reserves the right to make revisions without notification. All requests should be confirmed with the airline and we cannot guarantee that your meal/frequent flyer/other special requests will be confirmed by the airline. It is your responsibility to contact the airline you have booked with to confirm the requests you have made. Click here to view the contact information of the airlines we have partnered with.
On our website, we offer a variety of travel products and services to our customers. However, we do not represent or warrant that any conditions that any of these travel products and services are or will be suitable and proper for you.
You agree to release us from any claims related to your satisfaction with the products and services detailed on our Website, including claims that these products and services are not or were not suitable for you.
From time to time we offer “specials” on our website. This Section 18 (Specials) applies to all specials we offer on our Website. As well, all the terms and conditions spelled out above and below apply to specials we offer on our Website.
Specials are only available for a limited time. Please contact us if need be to determine whether a special shown on our website is still available.
Specific terms and conditions may apply to any special shown on our website. Please contact either us or the applicable Travel Service Provider l to determine what terms and conditions apply to that special, if any, and how they may affect you.
Payment for any specials that you book are due within 72 hours of our confirmation, unless otherwise stated by us in writing. If you fail to pay for the specials within this 72 hour timeframe, your booking may be canceled. We accept no responsibility for any loss you incur as a result of cancellation for non-payment within 72 hours.
Tickets will not be sold directly to unaccompanied minors age 16 and under. Each airline sets its own policies and regulations for children traveling without adult supervision. Some airlines may not allow unaccompanied minors to travel without an adult. Some airlines will only allow unaccompanied minors to travel on non-stop flights. Many airlines may require additional fees to be paid at check-in. You must call the airline to verify rules and restrictions for an unaccompanied minor traveling alone.
You have the ability to dispute charges with credit card companies (“chargebacks”). If you have a question about a charge on your credit card statement, we encourage you to call UpandAway.com prior to disputing a charge with your credit card company so we may discuss and answer any questions or concerns you may have about our charges. In all cases, UpandAway.com will work with you in resolving your concerns. UpandAway.com retains the right to dispute any chargeback that it believes is improper, as described more fully below. UpandAway.com also retains the right to fully cancel any Booking in the event of a chargeback related to that Booking.
By using our service to make a Booking with a Travel Service Provider, you accept and agree to the relevant cancellation policy of that Travel Service Provider. In all cases, the cancellation policy of each Booking is made available on our Website. Please note that certain rates or special offers are not eligible for cancellation or change. UpandAway.com deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from you.
Our Website, including its underlying software and its text, design, graphics, layout and content, is owned or licensed by us or by the respective owners. All material on our Website is protected by American and international intellectual property laws.
As a visitor to or user of our Website, you have permission to view, use and electronically copy the pages and content of our Website through the usual and ordinary use of a web browser.
Any other use of our Website and its contents, such as copying, distributing, selling, modifying, transmitting, reusing, re-posting or publishing, is not permitted and is strictly prohibited without the specific written permission of the owner(s) of such material.
Any unauthorized use of our website or its contents will breach this agreement and may void your permission to use our Website. It may also violate copyright and other laws.
Certain trademarks, service marks, business names, company names, logos, trade names and presentation techniques (trade dress) used on our Website are owned by us or by our licensors. In particular, we own the trademark “UpandAway.com.” © [May 28]-2021 “UpandAway.com” is a registered trademark. All rights reserved.
You do not have a right, license or permission to use any of the forgoing except as expressly set out in this Section 21 (Intellectual Property).
As a visitor to or user of our Website, you must use it in a responsible and cooperative manner. The content and information on our Website (including price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us, our providers, or our Travel Service Providers. While you may make copies of your travel itinerary (and related documents) or Bookings, you agree not to otherwise modify, copy, distribute, transmit display, perform, reproduce, publish, license, creative derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website. Additionally, you agree not to:
We reserve the right to restrict or terminate your access to any or all of the features and components of our Website if we believe you have violated, or are violating, any of the above prohibitions. In the event of any such restriction or termination, you must immediately cease any prohibited use of our Website. Attempting to access or use our Website in violation of any restrictions or terminations shall constitute an act of trespass. We will pursue legal action to the fullest extent possible against anyone whom we believe is in breach of the above prohibitions or is committing a trespass on our Website, and we reserve the right to do so.
You agree to indemnify and defend UpandAway.com and/ or its Travel Service Providers and any of their officers, directors, employees and agents from and against any and all losses, damages, claims, causes of action, demands, recoveries, fines, penalties, or other costs and expenses of any kind or nature including reasonable legal and accounting fees brought by a third parties as a result of:
If you have a dispute with a Travel Service Provider, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.
This Website and all its content are provided for your use on an “as is” and “where available” basis and at no charge.
We make, to the extent permitted by applicable law, no warranties, conditions or representations, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to our Website or any related materials, products, services, or information. Moreover, we do not warrant, represent or condition that the content of our Website is accurate, current or complete, or that it does not infringe on the rights of others.
We disclaim all implied warranties and representations to the maximum extent permitted by law, including, without limitation, implied warranties that the products and services offered, sold and provided through our Website will be of merchantable quality, are fit for any purpose or comply with the descriptions and samples displayed on our Website.
The air carriers and other Travel Service Providers providing travel or other services on our Website are independent contractors and not agents or employees of UpandAway.com. UpandAway.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Travel Service Provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. UpandAway.com has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. Under no circumstances, including, but not limited to, negligence, shall we (including any of our officers, employees, agents, shareholders or other representatives), and/or our Travel Service 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 on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site.
In no event shall we, and/or our Travel Service Providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including 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 on the Site, even if advised of the possibility of such damages.
In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. To the extent permitted by applicable law, any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. 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.
We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting Bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.). Neither will we nor will any of our officers, employees, agents, shareholders or other representatives be liable in damages or otherwise to the maximum extent permitted by law in connection with your use of or inability to use or access our Website or your purchase and use of any products and services offered, promoted or sold on or through our Website.
This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect, special or consequential damages; loss of data, income or profit; loss of or damage to property; personal injury; and claims of third parties.
If any warranties implied by law cannot be excluded, then our liability for breach of such warranties is limited, to the extent permitted by applicable law, at our option, to:
You can communicate with us through our Website. Our Website also lists other ways you can communicate with us. Please be aware that by submitting content to our Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant UpandAway.com, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that UpandAway.com may choose to provide attribution of your comments or reviews at our discretion. You further grant UpandAway.com the right to pursue at law any person or entity that violates your or UpandAway.com’s rights in the Submissions by a breach of these Terms.
You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that UpandAway.com may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
UpandAway.com’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice under the Digital Millennium Copyright Act (DMCA) including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for any alleged false claims of copyright infringement.
Our DMCA Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows: legal@UpandAway.com.
We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
We may link our Website to other websites on the Internet. We do this strictly for your convenience and reference as you explore different travel options online. However, the inclusion of any such links does not indicate that we endorse the website or the business to which we have linked. Further, we have not verified the content of any website to which we have linked, and we bear no responsibility whatsoever for the content of any linked website. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Should you incur any loss or damage from visiting or doing business with any linked website or business, we are not liable for that loss or damage.
We reserve the right to immediately terminate this Agreement as well as any other agreement between you and us if you breach any of these Terms and Conditions.
We further reserve the right, in our 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.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship exists between you and us, nor is such a relationship created between you and us by these Terms and Conditions or by our Agreement with you.
If you have a complaint or other feedback about UpandAway’s service, please contact us at https://www.UpandAway.com/service/help, where a customer service representative will promptly address your concern. Unless complaints, feedback, or requests are submitted through our Customer Support first, you may experience delay in receiving a response, as your communication will need to be re-routed appropriately.
For all media inquiries, please send an email to the following address: media@UpandAway.com.
If any of these Terms and Conditions is found by a court or other legal authority to be invalid or unenforceable, the invalid or unenforceable provisions will be stricken. The remaining terms and conditions will remain in full force and effect.
The headings used in these Terms and Conditions are for reference purposes only.
If we take no action in response to a violation by you or others of one or more of these Terms and Conditions, that inaction shall not constitute a waiver of the violated terms and conditions and shall not impair our right to take action in response to subsequent or similar violations.
In this Agreement, the term “website” includes any email bulletins or other content that we provide to you through our Website or otherwise initiated from our Website.