INTRODUCTION

BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED BELOW.

faresaverdesk.com values your trust. We seek to use reasonable organizational, technical, and administrative measures to protect your personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify customer service 1-877-593-3505 or Help@faresaverdesk.com so that we have an opportunity to try to address your concerns.

IMPORTANT NOTICE

General Disclaimer faresaverdesk.com does not act as principal but simply makes arrangements with third-party vendors, such as, but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, traveler assist service providers, insurance providers and activities suppliers (each a "Travel Supplier") for travel-related services you seek to purchase from them through our Site which include, without limitation, air transportation, lodging, and car rental (each a "Service Element").

By using this Site, you acknowledge that the rates offered by faresaverdesk.com and affiliate companies on the Site are a result of negotiation between faresaverdesk.com and the Travel Suppliers and include certain fees retained by us or them for services, taxes and other charges. When booking with any Travel Supplier thru this Site, you authorize faresaverdesk.com and affiliate companies to book reservations or enter a contract on your behalf with Travel Suppliers for the total price displayed, including such fees and any applicable taxes or charges related to the Travel Supplier's or faresaverdesk.com services.

You acknowledge and agree that faresaverdesk.com shall have no liability to you for errors or inaccuracies on the Site, or for any failure of any kind by Travel Suppliers from whom you obtain services through this Site, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages, activities suppliers, traveler assist service providers and insurance providers. faresaverdesk.com , in providing travel reservation services, does not endorse, guarantee or insure the (a) products or services which are provided by a Travel Supplier or other external supplier, or (b) the financial position of such Travel Supplier or other external suppliers or the reimbursement to you from any loss as a result of the financial condition or other failure of any such Travel Supplier or other external supplier. In the event that a supplier defaults prior to providing the service to you where a payment has been made by you, you acknowledge and agree that your sole recourse for a refund shall be the defaulting Travel Supplier (or other external supplier), from insurance covering such defaults, if any, or from other responsible third party unless such loss was caused solely by the direct actions of faresaverdesk.com . In situations in which a Travel Supplier or other external supplier defaults prior to providing services you may pursue any recourse solely against that supplier for a refund, as permitted by law or statute.

Except as expressly stated herein, faresaverdesk.com assumes no responsibility for actions relating to travel services beyond the sole control of faresaverdesk.com or its employees. You acknowledge and agree that faresaverdesk.com is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any Travel Supplier or other external supplier. You acknowledge and agree that faresaverdesk.com shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to booking and payment for such service. You acknowledge and agree that faresaverdesk.com shall not be liable for (directly or indirectly) any cancellation, overbooking, delay, re-routing, missed connections, lost baggage, rebooking or new booking costs, strike, equipment failure, mechanical failure, any weather occurrence, or any governmental occurrence as it affects your travel reservation made with us. You acknowledge and agree that faresaverdesk.com is not liable for the depiction of travel products and services made available by any supplier of travel products and services, including but not limited to photographs, listed amenities, ratings, and discounts appearing on the Site.

You understand that faresaverdesk.com acts as an intermediary service that provides value added service to retail travel agents and consumers. You acknowledge and agree that faresaverdesk.com has no control over and assumes no liability for the actions of the Travel Suppliers or other external suppliers from whom it obtains travel products or services.

You acknowledge and agree that faresaverdesk.com shall not be liable for final currency conversion or rates when paid after a travel reservation is made with us for international travel products and services. You agree and acknowledge that currency rates vary and any quoted price on the Site in local currency is a guideline, and not binding on us or the Travel Supplier.

Once certain Bookings and/or travel reservations are made and paid for by you they may be non-refundable or there may be a penalty involved in cancellation or seeking a refund from the Travel Supplier or other supplier of the travel products and services in question. Once tickets have been issued there may be a penalty involved for cancellations and you may or may not be entitled to a refund. You acknowledge and agree that a non-refundable purchase made by you on this Site is, indeed, non-refundable and that we do not have control over printed prices on the tickets, although some tickets may have BT (bulk fare) printed on them, some may have a specific value on them, which may be different (lower or higher) than the fare collected from you. You acknowledge and agree that we are not responsible for nor liable to you in any way for any such fare printed on a ticket.

Discounts offered by Travel Suppliers may vary depending on a number of factors including airlines utilized, class of service, destination, time of year (low, mid or high season), advance notice provided, minimum stay requirements fulfilled and flight load.

faresaverdesk.com does not guarantee, endorse, validate or promote other advertiser's products and services that are advertised on our Site. And you acknowledge and agree that we are not responsible to you in any manner of the same.

By booking with us a contract may be formed between you and a Travel Supplier or other supplier, and additional terms & conditions may apply to your booking and purchase of travel-related goods and services. Please read the additional Terms & Conditions provided by such Travel Supplier carefully. You hereby agree to be bound by all the Terms & Conditions of purchase imposed by any Travel Supplier with whom you choose to contract, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier's rules and restrictions regarding availability and use of fares, products, or services. Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay or during the use of the reserved products or services. Such deposit is unrelated to any payment received by faresaverdesk.com for your hotel, car, or airline ticket booking. You acknowledge and agree that any violation of a Travel Supplier's rules and restrictions may result in the cancellation of your reservation(s), in denial of access to the respective Service Element or services, in your forfeiting any amount paid for such reservation(s), and/or in our debiting your account for any costs we incur because of such violation. Moreover, you acknowledge and agree that we are not responsible to you in any manner for the Travel Supplier’s terms & conditions.

RELEASE

If you have a dispute with a travel product or service supplier(s), including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages and activities suppliers, traveler assist service providers and insurance providers, you acknowledge and agree to release us, our affiliates, partners, joint ventures and their respective officers, directors, managers, agents and employees from claims, demands and damages (direct, indirect, incidental, and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also agree to indemnify us for all costs associated with any claim brought against us by any person, including yourself, in violation of this clause, including paying our reasonable attorneys’ fees related to defending such claim or seeking to dismiss such claim.

PRIVACY

The Transportation Security Administration (“TSA”) of the U.S. Department of Homeland Security requires us to collect information from you for purposes of watch list screening, under the authority of 49 U.S.C. § 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. Providing this information is voluntary; however, if it is not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA Privacy policies, or to view the system of records notice and the privacy impact assessment, please see TSA's Web site at www.tsa.gov

Please review our Privacy Policy, which also governs your visit to this Site to understand our practices. The faresaverdesk.com Privacy Policy will provide a description of how we protect and use your personal information. If you object to your information being transferred or used in this way please do not use our services.

Protecting Your Security

To ensure that your credit, debit, or charge card is not being used without your consent, we may validate your name, address and contact number supplied by you during the booking process against appropriate third-party databases. By accepting these Terms & Conditions you agree and authorize us to carry out such verification checks as stated herein. In performing these checks, you acknowledge and concur that such personal information you provide to us may be disclosed to a registered Credit Reference Agency which may keep a record of such information in whole or in part. The verification process is performed for the sole purpose to verify and confirm your identity, and that this process does not perform a credit check, and your credit rating will not be affected.

RESOLUTION OF DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. THIS SECTION INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, WAIVE TRIAL BY JURY, AND WAIVE RIGHTS INVOLVING CLASS ACTION LITIGATION.

Customer satisfaction is important to us. That is why, if a dispute arises between us, our goal is to resolve the dispute quickly in a fair and cost-effective way. Accordingly, you acknowledge and agree that before taking any other action, you will first reach out to us by contacting customer service at 1-877-593-3505 or at Help@faresaverdesk.com so we have an opportunity to try to address your concerns. You agree that any such claim will contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature. We shall have 60 days from when you so contact us to try to resolve your issues. Once the 60 days has passed and if the issue is not otherwise resolved, then you and we agree that any dispute, claim or controversy between you and us, including our agents or any representatives acting on our behalf, arising out of or relating to your use of the Site, these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of these Terms & Conditions (each, a "Claim"), shall be resolved in accordance with the arbitration the process set forth below or as otherwise mutually agreed by the parties in writing.

GOVERNING LAW; CLAIMS

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, exclusive of conflict or choice of law rules. Unless otherwise prohibited by applicable law, any Claim must be brought within one-hundred eighty days (180) from the date on which such Claim arose or accrued, or it is otherwise forfeited. You agree to indemnify us for any costs incurred, including reasonable attorneys’ fees, for any Claim brought forward in violation of this section. The preceding 180-day limitation does not apply to New Jersey residents.

WAIVER OF TRIAL BY JURY AND CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ACTIONS
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, WE ARE EACH AGREEING TO BINDING ARBITRATION OF ANY DISPUTES, WAIVING THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY. WE ARE ALSO EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, OR SIMILAR PROCEEDING, WITH RESPECT TO THE CLAIMS COVERED BY THIS PROVISION, WHETHER SUCH CLAIMS ARE SUBJECT TO MANDATORY ARBITRATION OR ARE BROUGHT IN ANY OTHER COURT OR TRIBUNAL, INCLUDING SMALL CLAIMS, AS SET FORTH BELOW. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. ANY DISPUTE ABOUT WHETHER A CLAIM IS BROUGHT AS A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, OR SIMILAR PROCEEDING, MUST BE DECIDED BY THE ARBITRATOR. YOU AGREE TO INDEMNIFY US FOR ANY COSTS INCURRED, INCLUDING REASONABLE ATTORNEYS’ FEES, FOR ANY CLAIM BROUGHT FORWARD IN VIOLATION OF THIS SECTION.

DISPUTE RESOLUTION AND MANDATORY ARBITRATION OR SMALL CLAIMS COURT

For disputes or claims you have against faresaverdesk.com, you must first, as described above, give us 60 days to resolve your claim by sending a written description of your claim to help@faresaverdesk.com or calling 1-877-593-3505. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited if at all. However, except as set forth below, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator will apply these Terms & Conditions as a court would.

Any and all disputes of any nature arising out of or relating to the parties hereunder, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration (the “Administered Rules” or “Rules”) by a sole neutral arbitrator appointed by the CPR. The arbitrator, and not any court, shall have sole responsibility to hear and determine challenges to the jurisdiction of the arbitrator. Additionally, the arbitration shall be governed by New York law and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator, if any, may be entered by any court having jurisdiction thereof. The place of the arbitration shall be New York City, New York or by, at the request of either party, via remote video conferencing tool (e.g., Zoom or similar video conferencing tool). The arbitrator shall have no power to award damages beyond what is provided for in these Terms and Conditions. The arbitrator shall award the prevailing party its costs so incurred, including reasonable attorneys’ fees. If either party fails to participate in the arbitration the arbitrator shall award judgment in favor of the other party. If a party fails to comply with the requirement to bring any dispute between them via the CPR arbitration process, that party shall be responsible for and pay the other party’s costs, including reasonable attorneys’ fees, to defend such an action and seek to have the matter put before the CPR.

The arbitrator may award injunctive or declaratory relief only in favor of the party specifically seeking such relief and only to the limited extent necessary to provide relief warranted by that party's claim; and unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall decide all issues relating to jurisdiction and arbitrability and the interpretation, applicability, formation, existence, validity, scope, or enforceability of this mandatory arbitration provision.

The arbitrator shall decide all issues relating to jurisdiction and arbitrability and the interpretation, applicability, formation, existence, validity, scope or enforceability of this Mandatory Arbitration provision. Claims, if any, determined by the arbitrator not to be within the scope of this Mandatory Arbitration provision must be brought exclusively in a Federal or State court located in New York County, the State of New York, USA. If subparagraph (f) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Judgment on the award issued by the arbitrator may be entered in any court having jurisdiction. This Mandatory Arbitration provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.