INTRODUCTION
Welcome to the Flighttojoy.com website. The Flighttojoy.com website, mobile or tablet applications, or any other feature on the Flighttojoy.com platform (collectively our “Website” or “Flighttojoy.com”) is designed to be as user-friendly, informative and secure as possible. Our Website is provided only 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”, “Flighttojoy”, and “Flighttojoy.com” refer to Flighttojoy. Flighttojoy.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) purchased or reserved through the Website.
Our Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms” or “Agreement”). This Agreement describes the terms and conditions applicable to the services available through our Website and details your responsibilities, thereby limiting the liability of Flighttojoy and its third-party suppliers or providers. These include the airlines, hotels, rental car companies and other suppliers that provide Bookings or other services through our Website (such third parties are collectively referred to as the “Travel Service Providers”). Please read these Terms carefully, as they contain important information. You should also read our “Privacy Policy (as defined below), which also governs your use of our Website, and is incorporated by reference in this Agreement. By accessing or using our Website, booking any Bookings on our Website, or contacting our call center agents, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any Bookings through our Website or our call center agents.
Flighttojoy.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.
1. USE OF OUR WEBSITE
As a condition of your use of our Website, call centre agents, and other products and services provided by Flighttojoy.com, including any content (together “Services”), you warrant that:
You are at least the age of majority in the jurisdiction where you reside;
You possess the legal authority to engage in a legally binding contractual relationship;
You will use our Website in accordance with this Agreement;
You will only use the Services to make legitimate Bookings for you or for another person for whom you are legally authorized to act;
You will inform such other persons about the Terms that apply to the Bookings you have made on their behalf, including all rules and restrictions applicable thereto;
All information provided by you to the Services is true, accurate, current and complete;
If you have a Flighttojoy.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
Flighttojoy.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.
2. RESOLUTION OF DISPUTES
You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Website, any Bookings, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Flighttojoy.com Customer Support: https://www.Flighttojoy.com/.
3. GOVERNING LAW; SUBMISSION TO JURISDICTION
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.
4. MANDATORY ARBITRATION
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 Flighttojoy.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 "Flighttojoy.com Legal: Arbitration Claim Manager,” at [email protected]. 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.
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 Flighttojoy.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.
5. TRAVEL INFORMATION - GENERAL
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 traveller, 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 fees, 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. Flighttojoy.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.
6. INTERNATIONAL TRAVEL
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.
Visa and Passport – You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health – Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection – Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board.
BY OFFERING BOOKINGS FOR PARTICULAR INTERNATIONAL DESTINATIONS, Flighttojoy.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.
7. AIRLINE BAGGAGE POLICY
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.
8. CHECK-IN
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:
Domestic flights: Minimum 90 minutes prior to departure
Trans border and International flights: Minimum 3 hours prior to departure
9. AIRLINE SCHEDULE CHANGE
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:
We will make every effort to notify you of Schedule Changes by email, using the contact information you provide during booking. All such notifications will be made as soon as reasonably practicable upon us learning of the Schedule Change from the airline.
If a Schedule Change results in a delay of 90 minutes or less from your originally scheduled departure time, you will be automatically re-confirmed on an alternate flight, unless the Schedule Change would result in a misconnection. At that time, we will send you notification of the Schedule Change and an updated itinerary.
Should the re-confirmed flight not be suitable, please call our customer service centre. We will make every effort to provide you with alternative accommodation, if and as permitted by your airline’s fare rules.
If the revised itinerary is acceptable, you are not required to take any additional action.
If a Schedule Change will result in a delay of greater than 90 minutes after your original departure time, or will result in a misconnection, we will send you an email notification of the Schedule Change along with a request to confirm or request modification of the flight re-accommodation offered by your airline.
Please note: This email will contain an airline-imposed deadline by which you must respond in order to protect the validity of your ticket. Should you fail to respond by the deadline, Flighttojoy will automatically confirm the re-accommodation option provided by your carrier in order to avoid cancellation of your ticket by the airline?
Depending on the amount of time in advance in which we learn of a Schedule Change, we will attempt to send additional Schedule Change notifications and/or reminders of actions you are required to take to preserve your ticket.
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:
We will not be responsible if you fail to enter the correct contact information at time of reservation. Please review for accuracy all contact information (e.g. email address, phone number) you provide to us during booking to ensure you receive updates.
If Schedule Changes occur after you have checked in for your flight (including online), your airline has taken control of your ticket and it is your airline’s responsibility to notify you of the change and to rebook your flight to your final destination.
Sometimes the airline does not provide advance notice of a Schedule Change. For this reason, it is your responsibility to reconfirm your flight directly with us or with the airline 72 hours prior to your scheduled departure, as well as 24 hours prior to your scheduled flight date to safeguard against any potential missed flights.
Please note that your airline is responsible for providing you with alternative flight options to transport you to your final destination. It is the airline’s fare rules, which Flighttojoy is obligated to follow, that govern the recourse available to you. Accordingly, any modifications after a ticket has been reissued or revalidated following a Schedule Change are not guaranteed and may be considered as a voluntary change, subject to the airline’s fare rules and other Additional Terms.
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.
10. CANCEL WITHOUT REFUND
Flighttojoy 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:
Fares eligible to rebook in the future may be limited to the same fare type and/or fare class as your original ticket(s).
Your original ticket price consisted of individual fare and taxes components. In some cases, the original fare and taxes components of your original ticket may be respectively limited to the fare and tax portions of your new itinerary.
The original value of your ticket(s) is non-refundable and non-transferable from one traveller to another.
If the cost of your new flight is greater than your original ticket, you will need to pay the remaining difference in price. If the cost of your new flight is less than your original ticket price, you may lose the remaining value depending on the airline policy.
You may be restricted to rebooking a ticket that has the same origin and/or destination as your original ticket.
The booking date and/or travel date of your trip must be within the validity period allowed by the airline (e.g. 12 or 24 months from the original ticket purchase date or travel date, depending on the airline policy).
You must rebook a ticket with the same airline as the original ticket(s).
The value of your original ticket cannot be used for the purchase of ancillary services;
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 Flighttojoy. 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.
11. OVERBOOKING OF FLIGHTS
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.
12. PRICES
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.
13. CANCELLATIONS, CHANGES AND REFUNDS
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:
Your Booking may be eligible for a full fare refund if cancelled within 24 hours Eastern Standard Time the day your Booking was completed. However, even if such cancellation is permitted, you will be charged the applicable fees, set out in Section 14 (Fees for Cancellations, Changes and Refunds).
In certain cases, the airline may allow you to cancel without refund and apply the value of your original ticket towards a future ticket purchase by the same traveller on the same airline. Details on Cancel without Refund are set out in Section 10 (Cancel without Refund) above.
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.
14. FEES FOR CANCELLATIONS, CHANGES AND REFUNDS
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, Flighttojoy will charge the following fees as applicable where cancellations, changes and refunds are permitted in accordance with these Terms. Flighttojoy fees are charged on a per-passenger, per-ticket basis in the currency of the related Booking and are generally non-refundable.
Table 1: FLIGHTTOJOY FEES FOR CANCELLATION, EXCHANGES AND MODIFICATIONS IF "24-HOUR CANCELLATION PROTECTION" WAS NOT PURCHASED AT THE TIME THE BOOKING WAS MADE *
| At flighttojoy.com we value your trust and want you to be familiar with how we use, gather & disclose information. These policies which are also in legal terms known as “Privacy Policy” describes our practices in connection with information that we collect through the websites or mobile websites, that are made available to us for use for our providing services, in all cases. By providing Personal Information to us, you agree to the terms & conditions of these aligned policies. PERSONAL INFORMATION "Personal Information" is information that identifies you as an individual and we collect it from you which relate you to be an identifiable person, for example:
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in obeying these policies. How We May Collect Personal Information We may collect Personal Information in a variety of ways, including:
How We May Use Personal Information We may use your Personal Information:
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your state or country of residence; (b) to obey with legal process and to prevent, detect, or stop/hold down and neglect abuse, fraud, or criminal activity; (c) to respond to requests from public and government authorities and self-regulatory organizations, including public and government authorities and self-regulatory organizations outside your state or country of residence; (d) to enforce our terms and conditions; (e) to protect our operations, assets, or interests or those of any of our associates (f) to protect our rights, privacy, safety, or property, and/or that of our associates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. How Personal Information May Be Disclosed Your Personal Information may be disclosed or moved to the following person/businesses. With the exception of our corporate affiliates and service providers, these entities are not controlled by us and Personal Information disclosed to them is subject to the applicable person/businesses' privacy policy and security practices. Therefore, we encourage you to review the privacy policies of any person/business whose products or services you purchase using the Services:
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your state or country of residence; (b) to comply with legal process and to prevent, detect, or stop/hold down or neglect abuse, fraud, or criminal activity; (c) to respond to requests from public and government authorities and self-regulatory organizations, including public and government authorities and self-regulatory organizations outside your state or country of residence; (d) to enforce our terms and conditions; (e) to protect our operations, valuable items, interests or those of any of our associates; (f) to protect our rights, privacy, safety, or property, and/or that of our associates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. Other Information "Other Information" is any information that doesn’t directly show your specific identity or doesn’t directly relate to an individual. If we are required to treat Other Information as Personal Information under applicable law, then we may use it only for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy. Other Information may, for example, be:
How We May Collect Other Information We and our third-party service providers may collect Other Information in a variety of ways, including:
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