TERMS AND CONDITIONS
Last Modified March 21, 2017
OMNoire, its subsidiaries and affiliates require that all the visitors to our site(s) adhere to the following terms and conditions. By accessing www.omnoire.com (the “Site”), you indicate your acknowledgment and acceptance of these notices, terms and conditions as well as any other terms and conditions provided on the Site.
1. USE OF THE SITE
You may only use the Site to research or make legitimate reservations or purchases and shall not use the Site for any other purposes. You may not copy any of the web pages, data or content found on the Site, (b) link to any portion of the Site, without the prior written permission of OMNoire, or (c) use the Site in violation of, or to violate, any law, rule or regulation.
OMNOIRE ASSUMES NO RESPONSIBILITY, AND SHALL NOT 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 IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
In its sole discretion, in addition to any other rights or remedies available to OMoire and without any liability whatsoever, OMNoire at any time and without notice may terminate or restrict your access to any component of the Site.
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and OMNOIRE or any Supplier (as defined in Section 3 below) as a result of your use of our services, including the Site. In our role as a travel consultant and provider of the Site, OMNoire acts as an independent contractor. We consider various factors in identifying our travel Suppliers. We want you to be aware that certain Suppliers may pay us commissions as well as incentives for recommending their services and from time to time may also provide incentives to our staff.
3. DISCLAIMER REGARDING SUPPLIERS
OMNoire does not own or operate any entity which provides goods and services for your travel, ACTIVITY OR EXCURSION including without limitation, lodging facilities, airline, vessel, motor coach, or other transportation companies, guides or guide services, local ground operators, food service providers, etc. (“SUPPLIERS”). All such persons and entities are independent contractors and are in no way affiliated to OMNoire or any of OMNoire's affiliated entities.
OMNOIRE MAY ORGANIZE AND HOST EXCURSIONS AND ACTIVITIES (“OMNOIRE EVENTS”) FROM TIME TO TIME AND MAY ENGAGE SUPPLIERS FOR OMNOIRE EVENTS. IN THIS RESPECT, OMNOIRE ACTS AS AN ORGANIZER AND YOU AGREE THAT OMNOIRE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUPPLIERS IT MAY ENGAGE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
IN THESE INSTANCES, OMNOIRE ACTS SOLELY AS A TRAVEL, EXCURSION AND ACTIVITY CONSULTANT AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
4. LIMITATION OF LIABILITY
YOU AGREE THAT OMNOIRE IS A WEBSITE THAT PROVIDES EDUCATIONAL INFORMATION, AS WELL AS AN EVENT AND TRAVEL HOST AT TIMES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUPPLIERS. OMNOIRE HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE OR RECOMMENDED BY OMNOIRE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE OMNOIRE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
5. TERMS OF PURCHASE
You agree and acknowledge that any fees that you pay to OMNoire are either fees for OMNoire’s travel, excursion or activity consulting services or OMNoire Events organization services.
Please note that additional terms and conditions dictated by the applicable Supplier will apply to your reservation and purchase of products and services from Suppliers. You understand that any violation of any such Supplier's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) OMNoire debiting your account for any costs OMNoire incurs as a result of such violation.
6. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to supervise all use of the Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Site is true and correct. You understand that you are financially responsible for all uses of the Site by you and those using your name or account.
7. THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on the Site are provided by third parties, including, but not limited to, Suppliers. In addition, certain software and data found on the Site are the copyrighted property of the Suppliers and/or their third-party providers and distributors.
8. TRAVEL TO CERTAIN DESTINATIONS & PARTICIPATION IN CERTAIN ACTIVITIES
Whilst most travel - domestic and international - is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. OMNoire urges users of the Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm. OMNoire strongly recommends that you periodically review www.Visacentral.com for the most up to date and accurate entry/exit requirements for your travel destination. Due to frequent changes OMNoire cannot guarantee the accuracy of the information provided and expressly disclaims any liability for any inaccurate or incomplete information contained on that site.
BY RECOMMENDING TRAVEL TO PARTICULAR DESTINATIONS OR PARTICIPATION IN PARTICULAR EXCURSIONS OR ACTIVITIES, OMNOIRE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS OR PARTICIPATION IN SUCH EXCURSIONS OR ACTIVITIES ARE SAFE, ADVISABLE OR WITHOUT RISK, AND LLA IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS OR PARTICIPATION IN SUCH EXCURSIONS OR ACTIVITIES.
TRAVELER ASSUMES COMPLETE AND FULL RESPONSIBILITY FOR, AND HEREBY RELEASES OMNOIRE FROM ANY DUTY OF, CHECKING AND VERIFYING ANY AND ALL PASSPORT, VISA, VACCINATION, OR OTHER ENTRY REQUIREMENTS OF EACH DESTINATION, AND ALL SAFELY OR SECURITY CONDITIONS AT SUCH DESTINATIONS, DURING THE LENGTH OF THE PROPOSED TRAVEL.
You shall defend and indemnify OMNoire from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of the Site.
OMNoire may at any time modify (a) the Site, including eliminating or discontinuing any content on or feature of the Site, (b) any fees or charges for use of the Site, and (c) these terms and conditions. Your continued use of the Site will be conditioned upon the terms and conditions in force at the time of your use.
You agree that the courts in New York will be the exclusive jurisdiction for all claims brought by you or on your behalf, and you hereby submit to the personal jurisdiction of those courts.