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TERMS AND CONDITIONS

Last Updated: January 1, 2023

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The Terms of Service ("Terms") apply to your access to and use of the website, services, and applications operated by,FlightsandHotelPlus , online products and services provided by FlightsandHotelBookings, doing business as FlightsandHotelsPlus.

Our Services are designed to ensure advice in regards to, coordinate, and distribute the purchase of airline travel tickets for flights("Flights"), Hotels(“Hotels”), Property Maintenance Cleaning, Long-term Property Placement Services, Chauffer Services, Food/Grocery Delivery Services to individuals (each, a "Non-host purchaser") who wish to purchase or become a subscribed Host through the Services offered from FlightsandHotelsPlus or affiliates who wish to accept, process and fulfill such travel requests for Purchasers.

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These Terms are separated into three parts. Part 1 sets forth terms applicable to Non-Host Purchasers; and Part 2 sets forth general terms and conditions that are applicable to all users who access and use the Services. Part 3 sets forth general terms and conditions that are applicable to hosts/subscribed members.

By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 3.10, do not access or use the Services.

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PART 1: TERMS APPLICABLE TO PURCHASERS

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  • 1.1. Use of the Services by Non-host Purchaser

Non-host Purchasers may use the Services to receive assistance with booking travel (each, a "Requests") and to purchase when a service is ideally accepted and known to the purchaser.

 

FlightsandHotelsPlus does not guarantee that all Travel Requests submitted through its website will be fulfilled by its affiliates, therefore, Purchasers accept any liability associated with the purchase or utilization of travel through the Services each time they submit/or book a hotel,flight,chauffer service, or long-term rental stay. Purchasers may purchase tickets/rooms/reservations through the Services only when their Requests are accepted and approved by FlightsandHotelsPlus and its suppliers of travel as described in these Terms.

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  • 1.2. Purchasing Travel through the Services

    • 1.2.1. Submission of Requests

To submit a Request for flight reservation assistance  through the Services, a Purchaser must notify FlightsandHotelsPlus via chat and provide the following information (together with any other information requested through the Services at the time of Request submission) regarding their travel request that is covered by his or her Request (the "Travel Details"): (a) the departure and arrival cities; (b) the dates and preferred time(s) of travel; (c) the type and number of travel that the Purchaser wishes to purchase (including, as applicable and mentioned by the Purchaser in “Comments”, any preferred seating class, number of transfers/stops, and transfer/stop duration and any ideal airlines); (d) a price range that the Purchaser would like to stay within to pay for each type of travel (the "Price Per Travel Request"); (e) information regarding the passengers who will be traveling, up to a maximum of nine (9) different passengers per Travel Request (each, a "Passenger"), including each Passenger's legal name (as it appears on the Passenger's government-issued photo ID), gender and date of birth (collectively, the "Passenger Information”)

 

Note that the Price Per Travel represents the total amount that the Purchaser will pay for each Travel type (“Hotel/Flights/Rental Placement”). The Price Per Travel is completely dependent on the actual cost of tickets per travel type (defined below) and all applicable taxes for each ticket. However, the Price Per Travel does not include:

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  • Insurance Fees: Not mandatory unless the travelers decide to add onto their tickets/fares/reservations purchase.

  • Fees to provide services: Fees that are not associated with FlightsandHotelsPlus or its affiliates, for providing free booking services or guidance on where to book travel.          

    • Baggage and other ancillary fees: Any baggage fees or other ancillary fees associated with the Travel or applicable to the Passenger using traveling ports are the sole responsibility of the Purchaser or the Passenger, as applicable. FlightsandHotelsPlus is not responsible or liable for any such fees.FlightsandHotelsPlus encourages each Passenger to carefully review all airline or hotel terms and conditions (including any baggage fees and other ancillary fees) applicable to the purchased travel or their travel itinerary prior to traveling.

    • Entry and exit fees: Certain countries may charge fees or other amounts for entering and/or exiting the country. If a Passenger is traveling internationally with a travel ticket purchased through the Services, the Passenger is solely responsible for all fees associated with his or her entry to and exit from each country in the Passenger's travel itinerary. FlightsandHotelsPlus is not responsible or liable for any such fees or other amounts.

 

Note also that, when indicating desired departure and arrival cities in the Travel Detail Request Form, Purchasers may have the option to choose a metro airport code listing (which may appear, for example, as “New York City, New York, United States - All Airports (NYC),” “NYC - New York City, New York, United States,” “NYC - All Airports” or some other format) which describes one or more airports located within a given geographical area as determined and established by FlightsandHotelsPlus in its sole discretion (a "Metro Airport Code"). If a Purchaser chooses a Metro Airport Code for departure and/or arrival when submitting a Travel Detail Request, the Travel Detail Request may be fulfilled by a Fare that departs from any airport represented by Purchaser’s chosen departing Metro Airport Code and that arrives at any airport represented by Purchaser’s chosen arriving Metro Airport Code. FlightsandHotelsPlus is not responsible or liable for any discrepancy or difference between its determination of the airports represented by a Metro Airport Code and any other listing of airports described in similar or identical metro airport codes used or provided by any third party. Under no circumstance will FlightsandHotelsPlus be liable for any damages of any kind arising out of or related to any such discrepancy or difference.

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When submitting a Travel Detail Request, for flights, if a Purchaser indicates both (a) a preferred seating class above economy class, and (b) that one or more transfers/breaks are acceptable, then any fulfillment of that Travel Detail Request will include the preferred seating class indicated for the longest flight between the city of origin and the final destination city. For all other flights between the city of origin and the final destination city, if the indicated preferred seating class cannot be obtained (e.g., the preferred seating class is not sold on the flight in question), the Travel Details Request may be fulfilled with the next highest seating class that can be obtained.

 

By submitting a Travel Detail Request, the Purchaser (i) represents and warrants that all of the information provided in the travel detail request is accurate, current and complete; and (ii) consents to  FlightsandHotelsPlus l disclosure of some or all of the Travel Information to[ FlightsandHotelsPlus l in connection with and for purposes of reviewing, accepting and/or fulfilling the travel detail request.

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  • 1.2.2. Limited Travel Detail Requests

Purchasers may submit only one Travel Detail Request at a time through the Services. This means that once a Purchaser submits a Travel Detail Request through the Services, such Purchaser cannot submit another Travel Detail Request through the Services until the first Travel Detail Request is fulfilled, expires or is cancelled by FlightsandHotelsPlus.

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  • 1.2.3. Acceptance or Expiration of Travel Detail Requests does not guarantee that Travel Detail Request submitted through the Services will be accepted or fulfilled by FlightsandHotelsPlus. Following a Purchaser's submission of a Travel Detail Request Form through the Services, [FlightsandHotelsPlus l will provide the Travel Information associated with the Travel Detail Request to the (“Requestee”).

 

FlightsandHotelsPlus will endeavor to respond to each Travel Detail Request within twenty-four (24) hours of the Requestee’s submission of such Request. If a Request is not accepted FlightsandHotelsPlus or otherwise cannot be fulfilled within twenty-four (24) hours after submission of the Travel Detail Request, the Request will be deemed expired and the Purchaser will be able to submit another Travel Detail Request through the Services. In such case, FlightsandHotelsPlus will send the “Requestee” a notification that the Request cannot be fulfilled and that it has expired; however, the Request will expire regardless of whether such notification is given. The Purchaser's Payment Method will not be charged for the Price Per Travel if the Travel Detail Request is not accepted by FlightsandHotelsPlus or otherwise expires without being fulfilled.

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  • 1.2.4. Price Per Fare/Reservation

FlightsandHotelsPlus does not guarantee that the Price Per Travel will be the lowest price available for each Travel type (“flight/hotel/Chauffer Service”). By submitting a Travel Detail Request through the Services, the Purchaser understands and agrees that the Services provide the Purchaser with the opportunity to purchase tickets/fares/reservations for an amount equal to the total amount of the Purchaser's Price Per Travel for each travel type set forth in the Travel Detail Request.

 

1.2.5. Payment and Billing Information

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We do not request money before approving the Travel details request form for Flights. Payments are optional to the Purchaser after approval of the travel details request form has been returned and completed warranting that (a) the Purchaser is authorized to use the Payment Method and (b) the Purchaser authorizes FlightsandHotelsPlus to (i) immediately upon receipt, take all necessary steps to confirm that the travel can be purchased/booked(ii) at such time as FlightsandHotelsPlus determines that it is necessary in order to give FlightsandHotelsPlus permission to attempt to fulfill the Travel Details Request for flights under the Self-Booking Option (as defined in Section 2.2 below), authorize the Purchaser to fulfill the Payment in the full amount of the Purchaser’s Price Per Travel set forth in the approved Travel Detail Request, and (iii) at such time as FlightsandHotelsPlus determines that it has received all necessary information from the completion of the Travel Detail Request form to complete and finalize fulfillment of the Travel Detail Request, charge the Payment Method for the total amount of the Purchaser's Price Per Request for each ticket set forth in the Travel Details Request. If the Payment Method cannot be verified, is invalid or is otherwise not acceptable for any reason, the Travel Detail Request may be suspended or cancelled automatically without any obligation or liability of any kind for FlightsandHotelsPlus.

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  • 1.2.6. Delivery of Plane Fare/Hotels/Long-term Stay Rentals Confirmations; Managing Your Purchased Fares /Hotels/Long-term Stay Rentals

 

Following fulfillment of the Travel Details Request and receipt of the Purchaser's payment for the travel (“purchased tickets/fares/reservations”), FlightsandHotelsPlus will endeavor to deliver an email to the Purchaser containing the confirmation information for the purchased tickets/fares/reservations l. Such confirmation information will include all information necessary for each Passenger to obtain a boarding pass from the applicable airline in accordance with such airline's online or in-person check-in procedures prior to or on the travel dates for the purchased travel (tickets/fares/reservations). FlightsandHotelsPlus will have forty-eight (48) hours after delivering the confirmation information to the Purchaser to alert the Purchaser if, for any reason, the travel becomes unavailable or is cancelled. In such event, FlightsandHotelsPlus will not be liable to the Purchaser for any direct, indirect, consequential, exemplary, incidental, special or other damages for any such unavailability or cancellation or otherwise.

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In no event will FlightsandHotelsPlus be responsible for monitoring or notifying a Purchaser or any Passenger regarding any changes, modifications and/or issues impacting the purchased Flight travel (e.g., airline schedule changes, weather delays, travel advisories, natural disasters etc). The Purchaser and each of the Passengers are solely responsible for managing their purchased travel tickets/fares/reservations and for ensuring that the applicable airline(s)/ hotel/car rental corporation can contact them in the event of an issue that may impact their purchased travel(tickets/fares/reservations).

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  • 1.2.7.  Modifications, Cancellations or Refunds

 

By submitting a Travel Detail Request through the Services, the Purchaser agrees that:

  • All travel Requests submitted through the Services may be modified but at the discretion of the purchaser.

  • Travel tickets/ reservations purchased through the Services are only refundable, cancellable, or changed by the applicable airline(s)/ hotel/chauffer corporation/Host.

  • The total amount charged to the Payment Method for the purchased tickets/fares/reservations in accordance with these Terms may or may not be refundable.

 

Notwithstanding the foregoing, FlightsandHotelsPlus may, in its sole discretion, is not responsible for refunding any monies in such circumstances, however, on a case-by-case basis in the event that there is an issue with the purchased travel caused by FlightsandHotelsPlus, but only if the Purchaser contacts FlightsandHotelsPlus to report such issue within twenty-four (24) hours after the Passengers' completion of the applicable travel itinerary associated with the purchased travel(tickets/fares/reservations). If the Purchaser does not contact FlightsandHotelsPlus to report such issue within this time period, the Purchaser may not have any right to request or receive a refund from due to travel discrepancies caused by FlightsandHotelsPlus and the Purchaser acknowledges and agrees that the purchased travel(tickets/fares/reservations) may not be eligible for consideration for a refund by the applicable airline(s)/ hotel/chauffer corporation under any circumstances.

FlightsandHotelsPlus is not responsible or liable to the Purchaser for any changed or cancelled purchased tickets/fares/reservations, including, but not limited to, any obligation to notify the Purchaser of such change or cancellation, even if FlightsandHotelsPlus has been informed of the change or cancellation after 24 hours.

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  • 1.2.8. Errors

In the event of an error caused by , whether via the Services, in the provision of Travel Information to FlightsandHotelsPlus, when delivering confirmation information for the purchased travel(purchased tickets/fares/reservations )or otherwise, FlightsandHotelsPlus reserves the right to correct the error and revise the Travel Detail Request accordingly or to cancel the Travel Details Request. The Purchaser's sole remedy in the event of such an error is to request that FlightsandHotelsPlus cancel the Travel Detail Request within 24hours of confirmation of purchase.

 

1.3. Travel Insurance

While FlightsandHotelsPlus does not offer Purchasers or Passengers the option of purchasing travel insurance through the Services at this time, FlightsandHotelsPlus recommends and encourages Passengers to consider purchasing a travel insurance policy that would cover their travel itineraries associated with their purchased tickets/fares/reservations and would provide benefits to help Passengers address unexpected and/or unforeseen circumstances that may impact their travel.

 

1.4. Additional Terms

The purchased tickets may be subject to additional terms and conditions imposed by parties other than FlightsandHotelsPlus (such as by hotel for which the tickets are issued from). The Purchaser will ensure that the Passengers/Visitors comply with all additional terms applicable to the purchased tickets/fares/reservations and to the Passengers'(accompanying party with Visitors) use of the purchased tickets/fares/reservations.

 

1.5. Entry and Exit Requirements

If the Passengers are traveling internationally with the purchased tickets/fares/reservations, the Purchaser will ensure that the Passengers comply with all applicable domestic and foreign laws, rules and regulations, including all visa and other entry and exit requirements (collectively, "Applicable Law").

 

1.6. Compliance with Applicable Law and Rules

The Purchaser represents and warrants that the Purchaser is and at all times will be, and will ensure that the Passengers are and at all times will be, in full compliance with these Terms, all Applicable Law and all other terms and conditions applicable to the Purchaser, the Purchaser's use of the Services, the purchased tickets/fares/reservations and the Passengers' use of the purchased tickets/fares/reservations, including all rules and requirements established from time to time by the airline or hotel company issuing the ticket.

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1.7. Questions; Reporting an Issue

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  • 1.7.1. General Questions that are Not Related to Travel

 

Purchasers and Passengers may submit questions regarding the Services and the purchased tickets/fares/reservations by contacting us via the contact page on FlightsandHotelsPlus and including "Question" in the subject line of the applicable email. If the email relates to a specific Travel Detail Request, the Purchaser and/or Passenger must also include the applicable FlightsandHotelsPlus trip number regarding the Travel Detail Request in the subject line of the email.

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  • 1.7.2. Questions Related to Travel

 

If the Purchaser or any Passenger has a question related to traveling with the purchased tickets/fares/reservations or would like to determine whether any changes or modifications can be made to the purchased tickets/fares/reservations, the Purchaser or Passenger, as applicable, must contact the applicable airline(s)/ hotel/c corporation for which the tickets/fares/reservations were issued.

  • 1.7.3. Reporting an Issue

 

Purchasers and Passengers may report issues with the Services or with purchased tickets/fares/reservations by emailing us at support@FlightsandHotelsPlus.com and including "Reporting an Issue" in the subject line of the applicable email. If the email relates to a specific Travel Request, the Purchaser and/or Passenger must also include the applicable [FlightsandHotelsPlusl trip number for that Travel Request in the subject line of the email. In addition, all emails reporting an issue should include the following information: (a) the airline or hotel confirmation number for the purchased tickets/fares/reservations; (b) the departure and arrival cities; (c) the dates of travel; (d) each Passenger's legal name (as submitted in the applicable Fare Request); and (e) the email address associated with the Purchaser's FlightsandHotelsPlus account.

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PART 2: TERMS APPLICABLE TO FlightsandHotelsPlus

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  • 2.1. Use of the Services

 

FlightsandHotelsPlus may use the Services to accept and fulfill Travel Requests for Purchasers. FlightsandHotelsPlus use of the Services to fulfill Travel Requests are free of charge. FlightsandHotelsPlus provides free booking services, and only fees associated with Purchaser's Price Per Travel are charged and optionally paid by the purchaser, and the resulting net amount is the total amount payable to the airline/ hotel corporation for the charge associated with the approved Travel Request.

 

2.2. Approved Notifications from FlightsandHotelsPlus to Book Travel

FlightsandHotelsPlus will provide confirmation of the approved Travel Detail form via email or phone. Upon approval of the travel details form FlightsandHotelsPlus will notify the (“Purchaser”) to purchase travel via a customized booking link. The purchaser may either choose to decline or accept booking/purchasing their travel using the travel detail during this time (“Self-Booking Option”)

 

2.3. Delivery of Fares/Tickets to Purchasers

Following FlightsandHotelsPlus approval of the Travel Details form, to its satisfaction and in its sole discretion, that each specified in a Travel Detail Request has been or can be purchased and booked and complies with the Travel Information set forth in the Travel Details Request form, FlightsandHotelsPlus will deliver an email containing the confirmation information for the purchased Fares to the Purchaser for the total amount of the Purchaser's Price Per Travel for each ticket/fare/reservation set forth in the Travel Details Request form.

 

2.4. Confidentiality

All information given to and provided by FlightsandHotelsPlus to the potential “Buyer of Travel” constitutes the confidential information of FlightsandHotelsPlus (collectively, "Confidential Information") or its affiliates. FlightsandHotelsPlus or its affiliates will not disclose any Confidential Information to any third party or use any Confidential Information except as specifically authorized by FlightsandHotelsPlus in these Terms to perform the service obligations under these Terms. FlightsandHotelsPlus will place appropriate safeguards on its operating activities to ensure the protection of the Confidential Information.

 

2.5. Compliance with Applicable Law and Rules

FlightsandHotelsPlus represents and warrants full compliance with these Terms, all Applicable Law and all other terms and conditions applicable to the Purchaser, the Purchaser’s use of the Services and the tickets/fares/reservations purchased by the Purchaser in fulfilling a Travel Detail Request for a Purchaser pursuant to these Terms, including all terms and conditions imposed on any of the foregoing by the airline or hospitality company issuing the Fares and/or any other third party.

 

PART 2 CONTINUED: GENERAL TERMS

  • 2.6. Eligibility to Use the Services

The Services are not targeted toward, nor intended for use by, anyone under the age of 13. If you access or use the Services as a Purchaser or potential Purchaser and are between the ages of 13 and 18 (or between 13 and the age of legal majority under Applicable Law), you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our Services, you represent and warrant that you have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. If you are using the Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on that person's or entity’s behalf and that that person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

 

2.7. Copyright and Trademark

The Services, including the text, images,FlightsandHotelsPlus logos, product and service names, slogans and other content, are owned by or licensed to FlightsandHotelsPlus. Except as explicitly stated in these Terms,FlightsandHotelsPlus and our licensors reserve all rights in and to the Services, which includes all such content therein.

 

2.8. Access to Our Services

You may access and use the Services solely for your personal use and only as allowed by these Terms. However, we may not allow your ability to access and use all or part of the Services at any time and for any reason (or no reason) without notifying you first. We also reserve the right to discontinue providing the Services at any time. We are not responsible for any harm related to your inability to access or use the Services.

 

2.9. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about FlightsandHotelsPlus or the Services (collectively, "Feedback") is non-confidential and will become the sole property of FlightsandHotelsPlus. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

3.0. Prohibited Activities

You agree that you will not violate any Applicable Law or applicable contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing and using our Services. You also agree that you will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;

  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

  • Develop any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services; or

  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

If you would like to report any conduct violating this section, please email us at support@FlightsandHotelsPlus.com and include "Inappropriate Conduct" in the subject line of your email.

 

3.1. Indemnification

You will indemnify, defend and hold harmless FlightsandHotelsPlus, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "FlightsandHotelsPlus Parties") from and against any loss, liability, claim, demand, damages, expenses or costs (including attorneys' fees), arising out of or related to (a) your access to and use of the Services; (b) Feedback you submit; (c) your violation of these Terms, any Applicable Law and/or any other terms and conditions applicable to your use of the Services or your obligations under these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct or your performance of your obligations in connection with the Services or under these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FlightsandHotelsPlus or the other FlightsandHotelsPlus Parties.

 

3.2. Disclaimers

We do not control, endorse or take responsibility for any third-party content available on or linked to by the Services.

Your access to and use of the Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, FlightsandHotelsPlus does not represent or warrant that the Services are accurate, complete, reliable, current or error-free. While FlightsandHotelsPlus attempts to make your access to and use of the Services safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

We are not responsible or liable in any manner for your compliance (regardless of whether you are a Purchaser of Travel, or Passenger) or for the compliance of other users (regardless of whether such users are Purchasers, or Passengers) with these Terms, Applicable Law and any other terms and conditions applicable to your use of the Services or the purchased tickets/fares/reservations, to other users' use of the Services, or to your or other users' performance of your or their obligations under these Terms.

 

3.3. Limitation of Liability

FlightsandHotelsPlus and the other affiliate 3rd Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if FlightsandHotelsPlus or the other FlightsandHotelsPlus Parties have been advised of the possibility of such damages.

The total liability of FlightsandHotelsPlus and the other FlightsandHotelsPlus Parties, for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the lesser of (a) the amount paid, if any, by you to FlightsandHotelsPlus to access and use the Services and (b) $100.00.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of FlightsandHotelsPlus or the other FlightsandHotelsPlus affiliate parties or for any other matters in which liability cannot be excluded or limited under Applicable Law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

3.4. Release

To the fullest extent permitted by Applicable Law, you release FlightsandHotelsPlus and the other FlightsandHotelsPlus Affiliate Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties. You expressly waive any rights you may have under Illinois Civil Code, as well as any other statute or common law principles that would otherwise limit the coverage of this release, to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

3.5. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with FlightsandHotelsPlus and limits the manner in which you can seek relief from us.

 

Except for (a) any dispute arising out of or related to a violation of Section 3.4 or (b) disputes in which either party seeks to bring an individual action in small claims court located in Chicago, Illinois (if the dispute meets the requirements to be heard in small claims court) or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and FlightsandHotelsPlus l waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Chicago cook county,Illinois before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and FlightsandHotelsPlus agree that any dispute arising out of or related to these Terms or the Services are personal to you and FlightsandHotelsPlus and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

 

You and FlightsandHotelsPlus agree that these Terms affect interstate commerce and that the enforceability of this Section 3.6 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by Applicable Law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and FlightsandHotelsPlus agree that, for any arbitration you initiate, you will pay the filing fee and FlightsandHotelsPlus will pay the remaining JAMS fees and costs. For any arbitration initiated by FlightsandHotelsPlus FlightsandHotelsPlus will pay all JAMS fees and costs. You and FlightsandHotelsPlus agree that the state or federal courts of the State of Illinois and the United States sitting in Chicago cook county, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

 

Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and FlightsandHotelsPlus will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 3.5 by emailing us at support@FlightsandHotelsPlus.com and including "Arbitration Opt Out" in the subject line of your email. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 3.6.

 

3.6. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Chicago cook county, Illinois.

 

3.7. Changes to These Terms

We may make changes to these Terms from time to time. If we do make changes, we will post the amended Terms on our Services and will update the “Last Updated” date at the beginning of these Terms. We may also attempt to notify you by sending you an email notification or providing notice through the Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

 

3.8. Interpretation; Severability

In these Terms, the singular includes the plural and the plural the singular; the terms “including” and “include” will mean “including but not limited to”; and references to a “Section” will mean a section of these Terms, unless otherwise expressly stated. All section titles in these Terms are for reference purposes only and will not control or alter the meaning of these Terms as set forth in the text.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

3.9. Miscellaneous

These Terms constitute the entire agreement between you and FlightsandHotelsPlus relating to your access to and use of the Services. The failure of FlightsandHotelsPlus to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

 

3.10. Legal Notices and Complaints

All legal notices and complaints should be mailed to FlightsandHotelsPlus, Attn: Legal, 55 East Monroe Street, Chicago, Illinois 60603. If a law requires us to accept legal notices via email, please email support@FlightsandHotelsPlus with “Legal Notices and Complaints” in the subject line of the email.

If you are a Illinois resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 100 West Randolph Street 
Chicago, IL 60601 or by phone at 1-800-964-3013.

 

3.11. Seller of Travel Registrations

If you register for an FlightsandHotelsPluss account, as a Purchaser, you consent to receive electronic communications from FlightsandHotelsPlus (e.g. via email or by posting notices on our Services). These communications may include information about how to use our Services, such as invitations to offer to fulfill a Travel Request (“Completed via the Travel Detail(s) Request Form”), notices about your account, confirmation/approval of the travel detail form(s), customer satisfaction surveys, and booking success follow-ups. These electronic communications from FlightsandHotelsPlus to you are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

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3.12. Seller of Travel Registrations

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

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PART 3: TERMS APPLICABLE TO Hosts/Subscribed Members

I __agree to join the Flights and Hotels platform as a host/member offering the following services:
A safe clean accommodating environment to tenants/renters/buyers/travelers/vacationers who rent from me.
A harassment free environment. I will not condone or engage in the following on my property: violence, verbal insults, harassment, illegal misconduct, racism, prejudice, physical altercation, or discrimination based on race, color, religion, disability, sexual orientation, or age.
If I do have issues with tenant/renter/buyer/travelers/vacationer I will file a complaint both with the police and Flights and Hotels Plus.
If I as a host feel unsafe around tenant/renter/buyer/travelers/vacationer who is illegally or unlawfully present on my property I will go to a safe environment and speak to police authority, file a police report and report the incident to Flights and Hotels Plus.
I agree that if any damage is done to my property by tenants/renter/buyer/traveler/vacationer, to
report the claim to Flights and Hotels Plus for reimbursement.
I agree that as a host under any subscription that a 8% booking fee is to be charged to me for each stay booked on the Flights and Hotels Plus Platform and to support the running of the website Flights and Hotels Plus.
If I choose to upgrade to the silver or plus plans, I will know that I am paying for additional services such as deep cleaning of removable stains/dirt/bacteria/viruses(sanitization), removing of full/partially full garbages, and organization of property items to the state it was shown to be in prior to tenant/renter/buyer/traveler/vacationer stay at my property.
I agree that deep cleaning includes(washing and drying covers/comforter sets, used tiles/rags/wash clothes, and placing on bed, washing and drying dishes and placing away, mopping/suctioning hard surfaces flooring of kitchen(s), bedroom(s),bathroom(s),and living room(s), washing and drying of kitchen sink. I agree that I must supply desire
d washing detergent for washing of sheets/tiles/rags/wash clothes comforters.
I agree that I must supply dish washing liquid for the cleaning of dishes.
I agree that I must supply garbage bags to replace discarded garbage.
I agree that to supply desired fragrances for my property to be used if I choose to have the cleaner fragrance my property.
I agree that I will supply a clean/cleaned sponge or wash cloth to clean used dishes.
I agree that if subscribed to the silver or plus plan, Removable Stains will be removed

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