Terms & Conditions
I - PURPOSE AND INTENT
This document sets forth the terms and conditions (“Terms and Conditions”) applicable to the invoice (the “Invoice”) for purchases of airline tickets (the “Tickets”) from Downtown Travel (“DTT”). To that extent, all sales orders (“Ticket Sales Orders”) between you (“Agency”) and a customer (the “Customer”) will be governed by these Terms and Conditions, incorporated by reference in Ticket Sales Orders. In accepting the Tickets you are deemed to have read and agreed to these Terms and Conditions. Agency agrees to each and every term contained in the Terns and Conditions as a precondition to DTT’s performance. Any term or condition in any Invoice or other form or document issued by Agency, regardless of the materiality of the term or condition, that differs from or is contrary to the Terms and Conditions are objected to and excluded unless expressly agreed to in a written acknowledgment issued by DTT. No other terms or conditions not set forth in the Terms and Conditions shall apply unless expressly agreed to in a written acknowledgment issued by DTT.
II – PAYMENTS
1. All Void tickets are subject to DTT Void fee. All Refunds and Exchanges are subject to DTT refund and Exchange fee in addition to any applicable airline fees. Any Charge Backs is subject to a fee in addition to the Charge Back amount. Fee schedule is available from DTT office.
2. Payment in full on the Invoice must be received by DTT within seven (7) days of the date of the Invoice. All payments received by DTT pursuant to this Invoice shall first be applied to any past due balances remaining from any prior Invoice issued to Agency and then applied to the balance of the most current Invoice. a finance charge of the highest rate allowable by law, will be added to the unpaid balance on all accounts not paid in full on or before the due date; any past due accounts at the time of your agreement to be bound by these terms and conditions (as evidence by your purchase of tickets) shall from such date shall also incur a finance charge of the highest rate allowable by law.
3. Agency is responsible for all costs incurred by DTT for the collection of Invoices including, but not limited to, reasonable attorney fees, collection agency costs and all court costs or related fees.
III LIMITATION OF LIABILITY/INDEMNIFICATION
DTT disclaims all warranties in connection with the tickets, express or implied, as to any matter whatsoever, including without limitation description, merchantability, and fitness for any particular purpose. in no event shall DTT or any affiliate be liable for any exemplary, special, incidental or consequential damages to agency or customer or be required to specifically perform any obligation in the invoice. DTT’s liability shall be limited to the purchase price under the specific invoice proven to be at issue.
Agency hereby agrees to defend, indemnify and hold harmless DTT, and its agents and employees, from any claims, damages or expenses, including reasonable attorney fees, arising or alleged to arise from: (1) any asserted deficiencies or defects in the Tickets (2) the breach of any term stated herein; or, (3) the act or omission of Agency; irrespective of whether such claim, damage or expense is caused, or alleged to be caused, in part by the joint, several, comparative, (but not sole), negligence, breach of contract or warranty, or any other breach of duty by DTT whether asserted under a negligence, a strict or any other product liability theory, or any other legal theory.
IV – MISCELLANEOUS
DTT is not responsible for any schedule change. It is the responsibility of the passenger to contact the airline and reconfirm the flight 72 hours prior to departure.
The waiver by DTT of a breach or violation of any provision of the Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach. The Terms and Conditions shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns. If any provision hereof is determined to be invalid by a court of competent jurisdiction, the remaining terms and conditions hereof shall remain in full force and effect. These Terms and Conditions with an applicable Invoice supersede all prior agreements, merges all prior negotiations, and constitutes the entire agreement between the parties with respect to the subject matter hereof.
V – GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York without reference to the principles of conflicts of law. Each party hereby irrevocably submits to the jurisdiction of the courts of the State of New York, sitting in New York County, and the courts of the United States for the Southern District of New York. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court, any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum and the right to object, with respect to any suit, action or proceeding brought in any such court, that such court does not have jurisdiction over such party. In any such suit, action or proceeding, each party waives, to the fullest extent it may effectively do so, personal service of any summons, complaint or other process and aggress that the service thereof may be made by certified or registered mail, addressed to the party at its address as set forth in the preamble hereinabove.