Terms of Use

Terms of Use

 

The website www.jjtours.comand/or the XML connectivity between Client and J&J Tours (the Site) is provided to CLIENT by J&J Tours, LLC. (J&J Tours) subject to the terms and conditions herein. CLIENT must be able to legally enter into a binding contract with J&J Tours.

 

This legal statement and privacy policy is an integral part of our website, which cannot be separated from the general contracting conditions, operations or reservations. CLIENT should read and understand these Terms in their entirety before entering into any transactions on the Site. The use of our website indicates complete acceptance, without exclusion, of the conditions contained in these clauses and is proof of express consent to contract the service booked. Therefore, any booking that the CLIENT makes through this website is conditional on the CLIENT accepting these Terms of Use, Master Terms and Conditions and the legal statement and privacy policy (the ‘Client Agreement’).

 

General Information Regulating the Use of this Site

J&J TOURS shall be able to offer accommodation services, transfer, excursion, ticket, group special offers, car rental and other destination services (Collectively referred to as ‘travel services’;) through J&J TOURS website (www.jjtours.com), subject to established Master Terms and Conditions and general conditions stated on the web and according to prices and cancellation conditions displayed when making each reservation, depending on prevailing conditions, availability and other factors.


J&J TOURS travel services shall be sold exclusively to travel organizers (hereinafter referred as CLIENT) and by visiting, using or ordering from the website, the CLIENT expressly consents and agrees to be bound by J&J TOURS Terms of Use, Master Terms and Conditions and the legal statement and privacy policy (the ‘Client Agreement’), and to follow all applicable laws and regulations governing this website.

 

During the application and registration as a CLIENT in J&J TOURS, The CLIENT may disclose company data and personal data regarding the User who will represent the CLIENT and will receive necessary access codes from J&J TOURS website. The CLIENT hereby commits to be responsible for the management and administration of said access codes, and accepts financial responsibility for all transactions made under CLIENT name or account.

 

THE CLIENT HEREBY SHALL COMMIT TO:
• only use the website to make legitimate enquiries or bookings for the CLIENT or any other person for whom the CLIENT is legally authorized to act.
• Warrant that its user of the codes will be at least 18 years of age or over and have legal capacity to use the J&J TOURS site and to create a legally binding contract for the CLIENT.
• Warrant that all personal information submitted during the bookings process will be correct and CLIENT accepts financial responsibility for all transactions made under CLIENT name or account.


THE CLIENT SHALL NOT:
• post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal, or may cause an infringement of the rights of any other;
• make any other unauthorized, false or fraudulent booking;
• use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
• deface, alter or interfere with the appearance and layout of this website or the underlying software code;
• take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure;

Without prejudice to any of J&J TOURS other rights, J&J TOURS reserves the right to deny the access to this website and/or cancel the bookings wherever and whenever J&J TOURS believes (in J&J TOURS’ absolute discretion) that the CLIENT is in breach of any of the J&J TOURS Terms of Use and Privacy policy.


Information Regulating The Travel Services On The Site

The Site provides the specific conditions, rules, and qualifications relating to the Travel Services. CLIENT use of the Site is confirmation that CLIENT accepts and understands these conditions, rules and qualifications. The Suppliers, not J&J Tours, ultimately control special requests relating to the Travel Services. J&J Tours will use its best efforts to have the Suppliers fulfill CLIENT requests for special needs. CLIENT must personally confirm, on a timely basis, the Suppliers ability to meet special needs requests directly with the Supplier. Unless stated otherwise at the time of CLIENT purchase of Travel Services, J&J Tours will not award or handle any requests for service requests for frequent travel points, upgrades, and other discount and membership incentives. All Data, including but not limited to availability and pricing for Travel Services, is subject to amendment without notice prior to purchase by CLIENT and confirmation by J&J Tours. J&J Tours does not check the accuracy of all information provided by Suppliers, and J&J Tours will not honor purchases of Travel Services which CLIENT knew, or should have known, would lead to an unwarranted result, such as the purchase of an accommodation for $1.

 

J&J Tours is entitled to accept or reject CLIENT request to purchase Travel Services at any time and/or for any legal reason or for no reason. In the event that J&J Tours accepts CLIENT request to purchase Travel Services, J&J Tours will confirm the purchase after CLIENT affirmation that CLIENT will abide by these Terms, the Privacy Policies, and the conditions and rules relating to CLIENT specific purchase.

 

It is CLIENT responsibility to provide J&J Tours with accurate information relating to the purchase at the time of CLIENT request, and to provide any updates to the information.

 

Additional policies relating to cancellations, changes, amendments, no shows, late or early arrivals, and similar situations are provided to CLIENT at the time of CLIENT purchase. CLIENT accepts these policies by use of this Site and CLIENT purchase of Travel Services. CLIENT must direct all issues relating to the Travel Services to J&J Tours at the time CLIENT and/or clients/guests know or should know of any issues. CLIENT must inform clients/guests to contact CLIENT so that CLIENT can timely report issues to J&J Tours. J&J Tours must be contacted at [email].

 

Supplier’s rules, restrictions, and conditions may limit the use of the Travel Services. For example, there are minimum age restrictions and/or identification requirements for CLIENT to check into a hotel room. It is CLIENT’S obligation to review the Site and the Travel Services Suppliers rules, restrictions and conditions provided on the Site.

 

The prices on the Site clearly indicate the Travel Services purchased. It is CLIENT or CLIENT client’s obligation to pay for additional services and/or products. Such additional services/products include, but are not limited to, resort fees, rollaway beds, meals, personal services, insurance, etc.

CLIENT may not use this Site for the purchase of Travel Services for a Group. A Group is defined as more than 10 hotel rooms. J&J Tours may cancel CLIENT reservation without notice and/or liability if CLIENT violates this rule.

 

CLIENT violation of any of the Terms herein or of the Suppliers rules, restrictions and conditions may result in the cancellation of CLIENT purchase with no refund, unless specifically noted otherwise within these Terms.


Confidentiality/Confidential Information

Confidential information shall be deemed as any information or data, whether or not it has been drawn up in hard or soft copy or in any other form that is already in use or that could be invented in the future, which each party notifies or provides to the other or that the latter may have access to with or without the knowledge and/or express consent of the other party. Therefore, confidential information shall be deemed as the following and will include, but not be limited to: any data bases and prototypes created from the documents provided, proprietary management software, computer system passwords, information on users, telephone numbers, fax numbers, email addresses, addresses of offices, agencies, departments and headquarters, computer programs, copies, routines, sources, functional and organizational analysis, know-how, formulae, processes, ideas, inventions (whether patentable or not), financial data and development plans, strategies, the contents of any bids that may be made and any other supporting documents, data or material belonging to J&J TOURS or available in its website that the CLIENT may have access to, telephone numbers, fax numbers, email addresses, addresses of residences, signatures, ID or passport copies, credit card details, personal preferences, disabilities, or any special dietary or religious requirements or any other information related to the final consumer which the accommodation establishment or service supplier may need access to for the sole purpose of completing CLIENT reservation and for the purposes of associated administration.
Under no circumstances may the following be considered as confidential information:
• Any information that is contained in public bibliography or that may become public knowledge, unless it becomes public knowledge due to a breach of the agreement by one of the parties.
• any information or know-how provided by third parties.
• when disclosure is required by law.
• Disclosure of any information at the request of Courts or Tribunals
• Information referring to economic data or any other kind that must be submitted to the State, local or autonomous authorities due to tax or labour requirements and administrative contracts.

 

NON-DISCLOSURE

Total or partial disclosure of any of the confidential information to which the CLIENT may have access to third party individuals or companies by means of contracting and performance of its services shall be expressly prohibited.
The CLIENT guarantees that its employees, customers, suppliers, sub-contractors and any other parties related to the agreements between J&J TOURS and the CLIENT fulfill the confidentiality commitments contained in this document. The required measures must be adopted for such purpose and the CLIENT shall be responsible for any claim or damages caused by the non-fulfillment of this obligation. The CLIENT undertakes to fulfill these confidentiality commitments from the date this agreement is signed and to continue to do so whether the relationship between the parties is in force or not.

 

OWNERSHIP AND OTHER RIGHTS OWNERSHIP

The CLIENT acknowledges and agrees that any element and intellectual property rights pertaining thereto (including without limitation all commercial names, trade names, copyrights, logos, patents, trademarks, service marks and trade secrets) in J&J TOURS website (including without limitation its terms and conditions, rules, policies and operating procedures, and J&J TOURS’ Confidential Information -as defined above-), received or acceded are the exclusive property of J&J TOURS or its suppliers.
The CLIENT acknowledges and agrees that, except hereby stated, they shall not acquire any right or interest in the information or data acceded and that J&J TOURS shall remain the sole owner of the information or data including, but not limited to, all patent, copyright, trademark, trade secret, trade name, contract, industrial design, and other property rights pertaining thereto, anywhere in the world. All trademarks, copyright, logos, database rights and other intellectual property rights in the materials on this website (as well as the organization and layout of this website) together with the underlying software code are owned by J&J TOURS or its suppliers. The CLIENT and any user may not use, copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or belonging to J&J TOURS or the underlying software code whether in whole or in part without J&J TOURS’ prior written permission. In the event that there is any misuse of any Intellectual Property owned by J&J TOURS (including without limitation all trademarks, service marks, logos, commercial names, etc.) without J&J TOURS’ consent or license; all bookings and sales will be stopped, and J&J TOURS reserves its right to take any legal action pursuant the protection of its legitimate interest.

CONTENTS

The CLIENT hereby commits to not copy, reproduce, modify, transmit, sell, lease, market nor disclose to third parties the contents (and/or any of its elements) provided/displayed by J&J TOURS. The CLIENT shall not be held liable for inaccuracies or errors in the accommodation contents or any of its elements. The CLIENT acknowledges and agrees that the sole disclosure of or access to the information or data available in this website does not constitute an offer by J&J TOURS for the sale, license or other transfer of such elements.

 

CONTENTS DISCLAIMER

The information on this site is posted in good faith but J&J TOURS cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on this site. The information on the hotels and other services provided by J&J TOURS is accurate as possible given that the data is provided by the service supplier; J&J TOURS is not liable for any inaccuracies in the information if shown to be different from that provided by the service supplier. Star ratings, mapping locations and other data provided on this Site, including without limitation, photographs and descriptions, are for CLIENT reference only and generally provided by the actual Supplier of the Travel Services. J&J Tours does not review or guarantee the accuracy of this data.

Service suppliers on this site are independent businesses and are not agents or employees of J&J TOURS or its subsidiaries or affiliates. These independent businesses provide the services in accordance with their own terms and conditions that may limit or exclude their liability to the CLIENT or the final consumer. J&J TOURS and its subsidiaries or affiliates are not liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid. J&J TOURS and its subsidiaries or affiliates are not liable for any refunds in the event of overbooking or force majeure or any other cause beyond their control. To the maximum extent permitted by law, J&J TOURS disclaims all implied warranties with regard to the information, services and materials contained on this website. All such information, services and materials are provided ‘as is’ and ‘as available’ without warranty of any kind.

 

COOKIES

Access to J&J TOURS may involve the use of cookies, although the website can run without the use of cookies. Cookies are small files of information stored on the browser of each user so that the server can recognize certain information that only the server can read. Cookies last for a limited time. No cookies can permit any telephone, email or other identification details to be revealed. Cookies cannot extract any information from the user’s hard drive or steal personal information. The only way that a user’s private information can form part of a cookie file is if the user personally gives this information to the server. Although cookies help J&J TOURS to optimize CLIENT’s booking process, CLIENTS who do not wish to receive cookies or wish to be informed of their presence, can configure their browser to that effect

 

LINKS

Links on J&J TOURS to third party websites may exist for information purposes only. Such sites are independent from J&J TOURS, which is not responsible for and does not endorse the material contained therein.

CLIENT AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS J&J TOURS, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM any claim, cause of action or demand, loss, fine, penalty, or cost, including without limitation reasonable legal and accounting fees, as a result of CLIENT breach of the Terms and/or CLIENT violation of any law or rights of third parties WITH RESPECT TO CLIENT USE OF THE SITE. J&J Tours may change the Travel Services, the Data, the Terms, and/or the Privacy Policies at any time, without notice to CLIENT. In addition, J&J Tours does not guarantee the availability of the Site to CLIENT. The inclusion or offering of any Travel Services on this Site does not constitute an endorsement or recommendation of such Travel Services and J&J Tours does not guarantee or warrant that the Travel Services has been evaluated and/or that travel to particular destinations are advisable or without risk, and J&J Tours is not liable for any issues or losses that arise from travel to particular destinations offered on the Site.

 

LEGAL TERMS AND REPRESENATIONS

J&J Tours may terminate or restrict CLIENT use of the Site, refuse to offer or sell Travel Services, and edit the content of the Site, without notice or liability to CLIENT. CLIENT will not use the Site for any speculative, false, or fraudulent reservations. CLIENT must not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or Travel Services or data found on this Site. CLIENT may not (i) access, monitor or copy any content or information on this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of J&J Tours; (ii) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (iii) take any action that imposes, or may impose, in the discretion of J&J Tours, an unreasonable or disproportionately large load on the J&J Tours infrastructure; or (iv) deep-link to any portion of this Site (including, without limitation, the purchase path for any Travel Services) for any purpose without express written permission of J&J Tours. CLIENT will not use this Site for any purpose that is unlawful and/or prohibited by these

 

CLIENT will defend and indemnify J&J Tours its officers, directors, employees and agents from and against any claim, cause of action or demand, loss, fine, penalty, or cost, including without limitation reasonable legal and accounting fees, as a result of CLIENT breach of the Terms on this Site and CLIENT violation of any law or rights of third parties.

 

All content included on this Site, including but not limited to, data, content, graphics, sound, artwork, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts and computer code, is the property of J&J Tours or the Suppliers of J&J Tours and is protected by United States and international copyright laws. J&J Tours, its subsidiaries, and other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of J&J Tours or the party that owns the mark. J&J Tours or its Suppliers own any software that is available on this Site. The software on this Site is subject to either the Terms and (i) any license agreement provided at the time of initial use by CLIENT or (ii) if no license agreement is provided to CLIENT at the time of initial use by CLIENT, a grant by J&J Tours of a license for CLIENT to use the software for CLIENT personal, non-commercial, non-transferable purpose. No warranty or guarantee is made as to the software on this Site.

 

LIABILITY AND WARRANTY DISCLAIMER

J&J TOURS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR ANY DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, TRAVEL SERVICES, AND/OR OPERATION OF THE SITE ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLIENT EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT CLIENT SOLE RISK. J&J TOURS EXPRESSLY DISCLAIMS ANY RESPRESENTATION OR WARRANTY; EXPRESS OR IMPLIED THAT THE SITE WILL BE ERROR-FREE, OR UNINTERRUPTED. THE INFORMATION, SOFTWARE, PRODUCTS, AND TRAVEL SERVICES ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, J&J TOURS DISCLIAMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE SUPPLIERS OF TRAVEL SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS, NOT AGENTS OF J&J TOURS (Supplier or SUPPLIERS). J&J TOURS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT, MENTAL DISTRESS OR OTHER SIMILAR MATTER, RESULTING THEREFROM. ALL TRAVEL DOCUMENTS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY SUPPLIERS OF THE TRAVEL SERVICES. J&J TOURS, ITS OFFICERS, DIRECTORS, AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR FOR ANY DATA OR TRAVEL SERVICES OBTAINED THROUGH THIS SITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY J&J TOURS OR ITS SUPPLIERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF J&J TOURS AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE. J&J Tours liability FOR A EACH TRAVEL SERVICES TRANSACTION, notwithstanding the foregoing limitations, is limited to the amount CLIENT paid to J&J Tours.

 

By using this Site, CLIENT acknowledges that CLIENT understands that the Terms, including our Privacy Policy, constitute the entire agreement between CLIENT and J&J Tours. Information CLIENT sends to this Site is transmitted at the sole risk of the user.

 

PLEASE READ THE LIABILITY AND WARRANTY DISCLAIMERS NOTED IN BOLD ABOVE. IN THE EVENT THAT CLIENT JURISDICTION EXCLUDES THE USE OF THESE DISCLAIMERS, CLIENT MAY HAVE ADDITIONAL RIGHTS NOT PROVIDED FOR HEREIN. J&J Tours liability, notwithstanding the foregoing limitations, is limited to the lesser of the amount CLIENT paid to J&J Tours on this Site and, in the event that CLIENT consumed the Travel Services, the value of the unused portion of the Travel Services.

 

J&J Tours shall not be liable for any damages caused due to force majeure events including, but not limited to, strikes, riots, civil unrest, weather, acts of God, technology failures, and other events not within the total or partial control of J&J Tours.

 

The laws of the State of Nevada shall govern these Terms and CLIENT use of the Site. These Terms and the Privacy Policy are the entire agreement between CLIENT and J&J Tours, and they replace and other agreements and/or understandings, whether oral or written, regarding CLIENT use of the Site.

 

The headings in these Terms are for convenience and reference. The headings do not limit or affect the Terms. CLIENT acceptance of these Terms and use of our Site do not create a joint venture, partnership, employment or agency relationship with J&J Tours. CLIENT may not assign, delegate or transfer CLIENT rights or obligations under these Terms. If J&J Tours fails to act with respect to CLIENT breach or anyone else’s breach of the Terms on any occasion, J&J Tours does not waive its right to act with respect to future or similar breaches.

 

If a court finds any of these Terms to be unenforceable or invalid, including but not limited to the warranty and liability waivers and limitations, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue to be valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to CLIENT use of our Site, and replaces any prior or contemporaneous written or oral understandings or agreements relating to the use of our Site. The laws of the State of Nevada, USA, govern the Terms and any agreements herein. CLIENT hereby consents to the exclusive jurisdiction and venue of courts in Clark County, Nevada, USA in all disputes arising out of or relating to the use of this Site. Any rights not expressly granted herein are reserved in accordance with applicable laws.

 

 

All notices regarding these Terms and the Privacy Policies shall be sent to:

 

 J&J Tours, LLC

Attn: General Counsel

5113 Alpine Place, Suite 150

Las Vegas, NV 89107

E-mail to: legal@jjtours.com

 

 



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