We reserve the right, in our sole discretion, to amend and alter these Terms from time to time and in such manner as we, in our sole discretion, think fit. By continuing to access, use or browse the Site in any way, you agree to, and are bound by, any changes to these Terms. Your use of the Site shall be subject to the most current version of these Terms. Please check these Terms periodically for changes and to review the then current version of these Terms.
We reserve the right, in our sole discretion, to change any or all content on the Site from time to time and in such manner as we, in our sole discretion, think fit, including, but not limited to, products, programs, or services described on or offered through the Site, without notice and without liability.
We reserve the right, in our sole discretion, to delete or remove any content from the Site, and to restrict, suspend, or terminate your access to all or part of the Site, at any time without prior notice from, or liability to, us.
Although we endeavour to provide constant, uninterrupted access to the Site, we cannot and do not guarantee this. From time to time, access to the Site may not be available due to outages for any or no reason, such as scheduled maintenance or upgrades or events beyond our control.
We accept no responsibility or liability for any changes, or the obligation to notify you of any changes, to the hardware and software requirements that are likely to have an impact on your ability to receive, access, display, store, and print information that we may provide to you on the Site.
You may use the Site solely for the purpose of submitting, loading, and manipulating private fares negotiated by the entity which has authorised, and during the continuation of your use of the Site authorises, you to use the Site (“your Authorising Entity”) to submit, load, and manipulate fares negotiated by your Authorising Entity with various vendors of travel related products or services (“Negotiated Private Fares”) pursuant to valid and applicable agreements between your Authorising Entity and such vendors (“Negotiated Fare Contracts“) provided your Authorising Entity at all times during your use of the Site has:
a Galileo pseudo-city code (“PCC”).
Pages on the Site enable you to create and configure designated secure environments for your Authorising Entity, including but not limited to, login names and passwords, on the Site (“your Authorising Entity’s Account”). By creating or configuring your Authorising Entity’s Account, you warrant that you are authorised by your Authorising Entity to use the Site and to create your Authorising Entity’s Account and you shall be solely responsible for:
creating, maintaining, and otherwise managing your Authorising Entity’s Account, including the accuracy of Negotiated Private Fares loaded or submitted on the Site;
creating, maintaining, assigning, controlling, and otherwise managing your Authorising Entity’s login names and passwords; and
maintaining the accuracy of your Authorising Entity’s Account, in particular, but without limitation, updating from time to time your Authorising Entity’s details.
Pages on the Site enable you to access, create, enter, load, discontinue, remove, search, view, print, change, share, copy and use various Negotiated Private Fares data elements. By so using the Site, you warrant that you are authorised by your Authorising Entity to so use the Site. You shall review all Negotiated Private Fares and other fares and data before such fares are created, entered, submitted, loaded, and manipulated on the Site (“Input Fares”). Once a Negotiated Private Fare has been entered into the Site, you shall test each of the Input Fares in your Authorising Entity’s PCC before distributing or otherwise making available the Input Fares.
You and your Authorising Entity are solely jointly and severally responsible for the Input Fares, in particular, without limitation, the accuracy of the Input Fares. Galileo is not responsible in any way whatsoever for Input Fares. Input Fares, via any means whatsoever, shall become Galileo’s sole property, subject to these Terms, and is transmitted at your and your Authorising Entity’s sole risk.
By amending, altering or otherwise manipulating any Input Fares, you warrant that you have been authorised by your Authorising Entity to do so and that each such amendment, alteration or other manipulation is strictly in accordance with any Negotiated Fare Contracts or other applicable agreement entered into between your Authorising Entity and the relevant airline. You amend, alter or otherwise manipulate any Input Fares at your and your Authorising Entity’s sole risk. Galileo is not responsible in any way whatsoever for any such amendment, alteration or other manipulation.
Subject solely to the then current version of Galileo’s Fare Quote Policy applicable, you may not make any claim (including but not limited to debit memos) on Galileo due to or arising out of your use of the Site, or any Input Fares, and you are solely liable for all such claims. If you require a copy of such policy, please contact your local Galileo/Apollo representative or Account Manager.
By using the Site, you warrant that you are, and shall at all times during your use of the Site, authorised by your Authorising Entity to use the Site, the login name and password created and configured for use by your Authorising Entity on the Site, and the Negotiated Fare Contracts. You shall be solely responsible for maintaining the confidentiality of your Authorising Entity’s login names and passwords. You shall use best endeavours to ensure that the security procedures are kept secret at all times and to logout after you have completed each session of use of the Site.
You shall, immediately on becoming aware of any unauthorised use of or access to your Authorising Entity’s login names and passwords, or your Authorising Entity’s Account, contact your Authorising Entity and Galileo.
Except as expressly permitted by these Terms, you may not:
modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site;
remove any copyright, trademark or other proprietary notices, contained on the Site;
disrupt or interfere with any other party's enjoyment of the Site;
upload, post, or otherwise transmit through the Site any viruses, worms, "trojan horse", time bombs, or other harmful, contaminating, disruptive or destructive files;
publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate through the Site;
use the Site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend Galileo or any other party;
use the Site to violate the security of any system, network, or service, including:
unauthorised access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account such as by hacking, cracking, port scans, or flood pings;
unauthorised monitoring of data or traffic;
interfering with the service to any user, host, system or network; and
conducting denial of service attacks,
disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any content, servers or networks connected to or accessible through the Site or any affiliated or Third Party Sites (as defined below);
use any "robot", "spider" or other automatic device, software, program, algorithm, routine, methodology, or any manual process or functionality:
that interferes or attempts to interfere with the normal operation of the Site; or
to monitor, assemble, analyse, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on the Site,
attempt to gain unauthorised access to the Site or any networks connected to the Site, whether through hacking, password mining or any other means;
obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Site;
perform any action that is deemed by us to impose a burden or unreasonable load on our servers, networks, or other computer equipment;
use the Site for any unlawful purpose or in any manner that is prohibited by these Terms; or
assign, convey, subcontract, delete or transfer any rights, duties or obligations under these Terms.
We reserve the right, in our sole discretion, at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Site, and all materials and content on the Site, including without limitation, trademarks, logos, service marks, designs, images, illustrations, text, audio clips, video clips, displayed on the Site, is governed and protected by United States and worldwide copyright, trademark, or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes (“Intellectual Property”). The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products or services ("IP Providers").
The Intellectual Property is provided solely for your personal and non-commercial use. You shall not copy, reproduce, republish, upload, post, transmit, distribute, redistribute, incorporate into or store in any other web site, electronic retrieval system, publication or other work in any form, or otherwise use or exploit the content on the Site without our prior written consent or the consent of the relevant IP Provider except as follows:
to download a copy of any portion of the Site, and any Intellectual Property, to the local hard drive of the computer used by you to access the Site solely in accordance with these Terms; and
to print extracts of the Site provided it is solely in accordance with these Terms.
You shall not provide a link to the Site from another web
site without our prior written consent.
Nothing displayed on the Site shall be construed as granting any licence or right of use of any Intellectual Property.
All software, applications, and modules used or available on the Site ("Software") are proprietary to or licensed to us 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.
The United States controls the export of products and information. You agree to comply with any applicable 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 any portion of the Intellectual Property, you warrant and represent that:
you are not in a country where such export is prohibited;
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
you are not providing access to the Intellectual Property to any person situated in a country where such export is prohibited or on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals.
The Site may contain links to third party web sites ("Third Party Sites"). These links are provided by us solely for your convenience. While we make every effort to include links to only Third Party Sites that are in good taste and safe for our visitors, we do not regularly review materials or content appearing on, or posted at, Third Party Sites. We do not control or maintain Third Party Sites and we are not responsible for:
the contents of any Third Party Site, including without limitation any link contained in a Third Party Site;
that any Third Party Site or any material on any Third Party Site is virus free;
any changes or updates to a Third Party Site;
any cookies that may be placed by the Third Party Site;
any other form of transmission received from any Third Party Site; or
any Third Party Site not operating or working properly.
The inclusion of any link does not imply our endorsement of any Third Party Sites, the materials or content appearing on, or posted at, Third Party Sites, or any association with its operators other than as expressly stated. We shall not be responsible for, and we make no representation regarding, the content on any Third Party Site.
If you choose to link to any Third Party Sites, you do so at your own risk. You should take your own precautions in respect of your use of Third Party Sites. We accept no responsibility for any harmful code that may be introduced into your system by using any Third Party Site. We specifically disclaim any liability with regard to any Third Party Sites and any actions resulting from your accessing of, and participation in, any Third Party Sites.
We accept no liability or responsibility for the use, treatment or management of any of your personal information collected by any third party through a Third Party Site. Such use, treatment or management of your personal information, including your ability to access and alter such personal information, shall be governed by the privacy policies posted at the relevant Third Party Site (if any).
You are solely responsible for any dealings with third parties (including advertisers) who support the Site or who are identified in the web pages that are part of the Site or whose services are made available via the Site, including the delivery of and payment for goods and services and compliance with their reservation and booking policies.
We would like to receive your voluntary feedback and suggestions on the Site to support continual improvements to the Site. To solicit your feedback, we may invite you to participate in usability studies, surveys, and other types of qualitative and quantitative research to help us better design the Site, plan new features, and help understand the needs and preferences of visitors to the Site.
As between the two of us, any content you send to us, whether via e-mail, forms, messages, ideas, or suggestions, becomes our sole property and is transmitted by you at your sole risk. You represent and warrant that you own or have the right to submit such information to us.
You represent and warrant that:
you are at least 18 years of age or have otherwise attained the age of majority;
you are authorised and able to create binding legal obligations for any liability incurred as a result of your use of the Site;
you shall abide by all laws and regulations and codes of conduct applicable to your use of the Site; and
you shall abide by these Terms in your use of the Site;
your performance of the obligations on your part contained in these Terms shall not conflict with or result in a breach of any agreement to which you or your Authorising Entity is a party or is otherwise bound;
you are authorised to submit, load, and manipulate, the Input Fares to Galileo and do so in accordance with valid Negotiated Fare Contracts or other applicable agreements entered into between your Authorising Entity and relevant vendors of travel related products or services;
you submit and load the fares to Galileo in accordance with any applicable rules filed by the relevant vendors of travel related products or services via the Airline Tariff Publishing Company (ATPCO) or otherwise;
you own, or have a licence to use the Input Fares provided for use via the Site;
you have attended and completed a Galileo training course relating to the use of the Site; and
you shall not make any representations or warranties on behalf of Galileo or any Provider.
YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE SITE, AND THE CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ALL SUCH CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR PROVIDERS, DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY, OR ACCURACY OF ANY OF THE SITE OR ANY CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE;
ANY 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; AND
ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE.
ALTHOUGH WE ENDEAVOUR TO PROVIDE CONSTANT, UNINTERRUPTED ACCESS TO THE SITE, WE CANNOT AND DO NOT GUARANTEE THIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY INTERRUPTION OR DELAY OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTION OR DELAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR RELIANCE ON ANY PART OF THE SITE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER USER WHO HAS ACCESSED THE SITE VIA YOUR LOGIN< PASSWORD OR OTHER ACCESS INFORMATION.
YOUR USE OF THE SITE, ANY THIRD PARTY SITE OR THE INFORMATION, INTELLECTUAL PROPERTY, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE SHALL BE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES, WHETHER AS A RESULT OF ANY COMPUTER VIRUS, SIMILAR SOFTWARE CODE OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT:
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR PROVIDERS, 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;
SHALL WE, OR OUR PROVIDERS, 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 ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS, EXCEED TOTAL SUM OF ONE HUNDRED DOLLARS (USD $100.00).
ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, THE SITE SHALL BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED.
WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF THE SITE OR ANY MATERIALS OR CONTENT FROM THE SITE.
THE LIMITATIONS SPECIFIED IN THESE TERMS SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF GALILEO AND THE PROVIDERS, AND TO ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
Accessing materials, contents and services available on the Site from territories where such materials, contents and services are illegal is prohibited. If you choose to access the Site from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.
These Terms are for our benefit and that of the Providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You shall defend and indemnify us, our subsidiaries, affiliates, officers, directors, employees, and agents, or our Providers, and each of their respective 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 you, on your behalf in excess of the liability described in these Terms or by any third party against us, our subsidiaries, affiliates, officers, directors, employees, or agents, or our Providers, and each of their respective officers, directors, employees, or agents, due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, computer viruses), your use of or connection to the Site, your use of or connection to any Third Party Site, your violation of these Terms, any law, rules and regulations, or the rights of any third party, your use of any Intellectual Property or Software on the Site, or any Fares, content or materials submitted or loaded by you through the Site.
These Terms, and any other terms and conditions incorporated by reference in these Terms constitute the entire agreement with respect to the Site and your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Site and your use of the Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings in these Terms are for information only and are to be ignored in construing these Terms. The headings shall not limit or affect these Terms.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.
We reserve all rights not expressly granted or stated in these Terms.
Although translations of these Terms, including any other terms and conditions referenced in these Terms, may be available, such translations may not be up to date or complete. You agree that in the event of any conflict, the English language version of these Terms, and any other terms and conditions referenced in these Terms, shall prevail.
The Site (excluding any Third Party Sites) is controlled by us from our offices in the State of New Jersey, U.S.A. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., 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 the Site or these Terms shall be brought and tried only in federal courts located in Newark, New Jersey, U.S.A., or state courts located in Essex County, New Jersey, U.S.A., and you hereby agree, and submit, to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.
If for any reason any provision of these Terms is:
to be invalid, illegal, or unenforceable by any court or competent authority; or
rendered invalid, illegal, or unenforceable by the introduction of, or change in, any statute, regulation, applicable code or other ordinance or in their interpretation,
such provision shall be deemed deleted without prejudice to the remaining provisions of these Terms which shall continue in full force and effect and continue to be binding and enforceable.
A waiver of any term, provision or condition of, or consent granted under, these Terms shall be effective only if given in writing and signed by us. Such waiver shall only be effective in the instance, and for the purpose for which, it is given.
No failure or delay on our part in exercising any right, power or privilege under these Terms shall operate as a waiver of such right, power or privilege.
No single or partial exercise of any right, power or privilege by us shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege by us.
We reserve the right, in our sole discretion and without liability, to suspend or terminate your access to all or part of the Site, with or without notice, for any reason or no reason.
The Site offers an extensive online help system which is directly accessible within the Site. The “Online Help” system includes:
A general System Overview.
Descriptions of each function.
Details on how to use each function.
Frequently asked questions and answers.
Descriptions of administrator functions, if you have administrator permissions.
Technical support is provided by your local Galileo/Apollo Service Desk.
Your local Galileo/Apollo Helpdesk is available to provide further guidance and technical assistance.
Regional training is provided to you and your Authorising Entity on an “as requested” basis. You may contact your local Galileo/Apollo representative or Account Manager for further details.
If you have any questions or concerns about the Site or these Terms, please contact us at Galileo International, L.L.C., 7 Sylvan Way, Parsippany, New Jersey 07054, U.S.A.
© 2003-2011 Travelport. All rights reserved. All trademarks and other proprietary material depicted herein are the property of Travelport or third parties and are protected by state, federal, and/or international laws
"Galileo" is a registered trademark of Galileo International, L.L.C.