Terms, Conditions & Privacy Statement
Last revised: February 21, 2019
Fareness.com Privacy Statement
Fareness.com and its affiliates (“we”, “our” or “us”) value your visit to our Platform(s) and want you to understand how your personal information is being collected, used and disclosed. This Privacy Statement describes our policy in connection with the information about our users we collect through Fareness.com (the “Website”), through Fareness mobile or desktop software applications (“Mobile Apps”) or through your use of our call center services (collectively referred to as “Platforms”). By using any of our Platforms, you are accepting the practices described in this Privacy Statement.
I. What personal information we gather about our users
The information we learn about you helps us to continuously improve your Fareness experience and improve fraud prevention. Below are the categories of information we gather:
1. Information you provide us with: We receive and store any information you enter on any of our Platforms or received directly from you in any other way, such as through our contracted call center. This may include information that can identify you as an individual or information that related to an identifiable person ("personal information"), such as an person’s first and last name, telephone number, passport number, postal and email addresses, date of birth, and billing information (such as credit card number, cardholder name, and expiration date). We may also request information about your frequent flyer number(s) and TSA known traveller or Redress Number. You can choose not to provide certain information to us, but then you might not be able to take advantage of all our Platform’s features or Services. In general, some information about you is required in order for you to book a Travel Service, or initiate other transactions on any of our Platforms.
2. Automatic Information: As you navigate through and interact with any of our Platform(s), automatic data technologies may be used to collect certain information about your equipment, browsing actions and patterns. For example, we may collect your IP address, your browser software information, your device ID, and geolocation information. We also may collect information about your online activity, such as trips viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. For more information, please see Section IV – Technologies We Use for Automatic Data Collection.
3. Travel Companion Information: When you make a Booking for someone else through any of our Platforms, we will request and gather personal information about that individual. As such, You should obtain the consent of other individuals prior to providing us with their information. By providing any personal information about another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such personal information as set forth in this Privacy Statement.
4. Information from other sources: We may periodically obtain both personal information and non-identifying (or aggregate) information about you from independent third-parties. This may include third party platforms that collect information about users for advertising purposes.
II. How we use your personal information:
In order to book a Travel Service, your personal information may be required. For example, we use your sensitive billing information (e.g. cardholder name, credit card number, CVV code and expiration date) to process Booking related transactions you completed on our Platform(s).
We may also use your personal information to:
· Provide you with the Services you booked on our Platform(s).
· Provide you with Booking and ticketing confirmation, as well as related updates.
· Respond to your questions and comments.
· Solicit information from you, including through surveys or reviews. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by using the hyperlink provided in these notices.
· Communicate with you in general, as our customer.
· Improve our Services and Platform(s) to better respond to your interests.
· Notify you about special offers regarding our Services that may of interest to you, to the extent permitted by applicable law. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by using the hyperlink provided in these notices.
· Resolve disputes, collect fees, and as otherwise described to you at the time of collection.
· Achieve our business purposes, such as determining the effectiveness of our marketing efforts, developing new products, data analysis, audits, fraud monitoring and prevention, identifying usage trends and fare prediction, as well as operating and expanding our business activities.
III. How we share your personal information
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We may share your personal information only as described below in this section, as well as with our corporate affiliates for our legitimate business purposes as permitted by the applicable law.
1. Business partners. We may share your personal information with the following entities:
· Suppliers, such as airlines, so they may fulfil the Travel Service you book on our Platforms.
· Travel Services providers we partner with to provide you access to the Travel Services, such as fare aggregators, consolidators, travel insurance providers or other travel agencies providing us access to their travel product inventory.
· External Service providers who provide us with business services and functions, such as customer service, credit card processing, marketing and business analytics, call centers, mapping service identifying your location, and fraud prevention.
· Referring websites which directed you to our website (e.g. through a link you clicked).
2. Future Transfers. As our business evolves, we may sell or buy other companies and our user’s personal information may be transferred as part of this transactions. As such, we may disclose your personal information to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fareness’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fareness about our Platforms users is among the assets transferred. We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our Platforms receive or the most popular airline route sold.
3. Other Disclosures. We may access, use, preserve and share your personal information as we deem it necessary or appropriate in connection with: (a) litigation, government inquiries or subpoenas (including search warrants or court orders), requests received from self-regulatory organizations, arbitration proceedings or similar matters, including any such matters outside your state or country of residence; (b) any abuse, fraud, or criminal activity; (c) the protection of our operations, assets, or interests or those of any of our affiliates; (d) the protection of your, our or other individual’s rights, safety, property or privacy; (e) Terms and Conditions; (f) any remedies available to us under the applicable laws.
4. We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners.
· Web Beacons. Pages of our the Platforms may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us or our third party service providers, for example, to count users who have visited those pages, to monitor traffic user traffic patterns, to communicate with cookies, track referrals to our Platforms and for other related webPlatform statistics (for example, to improve the Platforms’ performance).
· Mobile Analytics. We may use mobile analytics software to allow us to better understand the functionality of our mobile software applications. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. You may generally control what information is shared with us at the device level.
· Mapping. We may collect the physical location of your device by using WiFi signals, proximity to cell towers, satellite or other similar technologies. We may use your location to provide you with geo-targeted advertising. You may allow or block such uses at the device level.
By using the Platform(s), you give us your free, unambiguous and informed consent to the use of any of the cookies and tracking tools mentioned in this policy. While most of the information we collect through automatic data collection tools does not reveal your specific identity or directly related to an individual, when we tie or link non-identifiable information with personal information about you that we collect from other sources or you provide to us, we will treat it as personal information.
Do-Not-Track Signals. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
If you have any questions about our cookies, “do-not-track-signals” and other technologies we use for automatic data collection, please contact us at email@example.com.
V. Your choices regarding display of tailored advertising
Please note that we do not combine the information we collect about your travel-related searches on this website with personal information (such as email address) to serve you with ads across other websites. We also do not share your personal information with third parties so they can serve you with advertisements. You can choose not to receive tailored online advertising on other websites, based on your travel-related searches on this website, by clicking or . Note that if you choose not to receive tailored ads, you will still see online advertisements, but they will be more general and less relevant to you.
VI. How you can access your personal data
If your personal information changes, or if you otherwise desire to correct, update, or delete your personal information, you can do so by contacting us at firstname.lastname@example.org. When making such a request, for your protection, please make sure to include enough information to identify you and specify what personal information you wish to correct, update or delete. We will use reasonable efforts to comply with your request as soon as practicable, however we will need to retain and use certain information as we deem necessary to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
VII. How we protect your information
We want you to feel at ease when you are making travel arrangements through Fareness, and we are committed to protecting the information we collect from you. When you enter transactional sensitive information on our booking form(s), we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link. While no website or mobile App can guarantee security, we have implemented reasonable technical and physical security measures to help protect your information.
If you have any questions about security on our Platforms, please email us at email@example.com.
VIII. Visiting our Platforms from outside the United States
If you are visiting our website from outside the United States, please understand that your information may be transferred to, stored, and processed in any country where us our database service providers have facilities, and by using the Platforms, you consent to the transfer of your information to the United States or any other such country, which may not have data protection laws as comprehensive as those in your country of residence, as well as to those third parties with whom we share it as described in this policy.
IX. Use of the Services by minors.
Our Services are not directed to individuals under the age of eighteen (18). If we become aware that a minor is attempting to submit personal information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us personal information, please contact us at firstname.lastname@example.org so we can delete it.
X. Changes to this Privacy Statement. Miscellaneous
We may amend this Privacy Statement at any time. All amended terms automatically take effect as of the date this Privacy Statement is updated and published on the Platforms. Your continued use of the Platforms following the posting of changes to this Privacy Statement will mean you accept those changes.
All the capitalized terms used in this Privacy Statement shall have the meaning assigned to them in our Terms and Conditions.
Fareness.com Customer Agreement
IMPORTANT: BY ACCEPTING THESE TERMS, YOU AGREE TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED IN SECTION IV. BELOW.
I. GENERAL TERMS
Fareness.com is operated by Fareness, LLC (hereinafter referred to collectively as “Fareness”, “Fareness.com” “we” or “us”). Fareness may engage third party providers to provide ticket fulfillment, payment processing and support services for bookings made through Fareness.com.
This Fareness.com website, along with the Fareness mobile site and mobile and tablet applications (“the Site”) is offered to you subject to your acceptance of the following terms and conditions, together with any documents they incorporate by reference (collectively, these “Terms and Conditions”, “Terms”, or this “Customer Agreement”). BEFORE USING THIS SITE OR BOOKING ANY TRAVEL SERVICES OFFERED THROUGH THE SITE, PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT LIMITATIONS OF LIABILITY OF FARENESS AND THIRD PARTY TRAVEL SERVICE PROVIDERS, AS WELL AS INFORMATION ABOUT RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.
BY USING ANY AREAS OF THIS SITE, OR BY CLICKING “BOOK” WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND THAT YOU ARE LEGALLY BOUND BY THIS CUSTOMER AGREEMENT. IF AT ANY TIME WHILE USING THE SITE YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST DISCONTINUE YOUR USE OF THE SITE AND/OR REFRAIN FROM CALLING OUR CALL CENTER SERVICES. We reserve the right to amend, modify or otherwise alter this agreement in our sole discretion at any time by posting the updated Agreement on the Site. Please review this Agreement whenever you utilize the Site. The updated Agreement shall be effective from the date posted on the Site.
The terms “Traveler”, “User,” “you,” You” or “your” shall mean any of the following: (i) a person visiting the Site, or utilizing the Services and/or (ii) a person who purchases, or attempts to purchase, a Service. The terms “Service(s)” or “Travel Service(s)” as used in this Customer Agreement encompass the air, hotel, trip insurance, customer service and any other travel or travel related products offered or sold by Fareness, either separately or as part of a package, or any other services offered or sold through this Site. “Travel Service Supplier” or “Vendor” refers to any provider of the Services offered or sold by Fareness.
All bookings of Travel Services are also subject to the terms and conditions of the Travel Services Suppliers (e.g. Fare Rules for air tickets). By visiting this Site or purchasing any Travel Service on the Fareness Site, you agree to abide by all the terms and conditions of the applicable Travel Service Supplier(s) providing the Services included in your itinerary or trip. If the Travel Services Supplier’s terms and conditions are ever in conflict our Terms and Conditions, then our Terms and Conditions will control all issues relating to the liabilities, responsibilities, and rights of Fareness.
II. LIMITATIONS ON YOUR USE OF THE SITE
The Site is provided solely to assist Travelers in gathering information about Travel Services, determining the availability of travel products, booking legitimate reservations or otherwise transacting business with Travel Service Providers, and for no other purposes. The Site is intended for use by consumers for themselves directly only, and may not be used commercially for resale, repackaging, or any other usage by third parties. The Site may not be used by travel agents or corporate travel managers without the express written consent of Fareness. If You are purchasing Travel Services on behalf of another person (or entity) and are being compensated in any way for providing this service, such activity constitutes a commercial use and is not permitted under these Terms without the express written consent of Fareness.
Fareness grants you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the Site only as expressly permitted under this Agreement. Of a condition of your use of the Site, you warrant that: (i) you are at least 18 years of age; (ii) you will use the Site in accordance with these Terms and Conditions; (iii) you will only use the Site to make legitimate reservations for Travel Services for you or for another person who has authorized you to act on their behalf in a noncommercial manner.
When you are purchasing Services for one or more Travelers besides yourself, by clicking “BOOK FLIGHTS”, you verify that: (1) you have informed all other Travelers of these Terms and Conditions and supplied all other Travelers a copy of the same; (2) you have full authority on behalf of all the persons whose names appear thereon to accept this Customer Agreement on their behalf, including for Travelers who are not of legal age to accept these Terms and Conditions on their own behalf; (3) you agree to be responsible for any error in the accuracy of information you provide us in regards to those Travelers; and (4) you warrant that the Traveler(s), after consideration and with an opportunity to consult legal counsel, also agree to be bound by this Customer Agreement, including the limitations of liabilities and cancellation policies herein.
III. PROHIBITED ACTIVITIES
The content and functionalities on the Site, as well as the infrastructure used to provide you with the Site, is proprietary to us. As such, you agree not to:
1. copy, transfer, scrape, transmit, distribute, reproduce, publish, license or create derivative works from any information or services obtained from or through the Site, except that you may make limited copies of your itinerary for legitimate travel reservations booked through the Site.
2. use the Site for any commercial purpose, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
3. use the Fareness logo or any other elements within the Site, including but not limited to the design and layout of any pages or app screens, without the express written consent of Fareness.
4. use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that impose an unreasonable load on our equipment.
5. access, probe, scan, or search the Site using any scraper, bot, robot, spider, or any other automated means or any manual process for any purpose without the express written consent of Fareness
6. disguise the origin of the information you transmit through the Site, whether to navigate the Site, make a travel reservation or booking, or post any content.
7. violate the robot.txt exclusions or otherwise act to bypass functionality intended to limit access to the Site, its APIs, or its databases.
8. attempt to reverse engineer the Site for any purpose, or otherwise ascertain any trade secrets or confidential information of Fareness.
9. misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, offensive, defamatory or technologically harmful.
10. attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
11. attempt to deep-link to any portion of the Site without our express written permission or “frame” or otherwise incorporate any part of the Site into any other website, mobile application or otherwise.
12. attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
If your booking or account shows signs of fraud, suspicious activity, or abuse, Fareness may cancel any Travel Services associated with You or your account. If you have conducted, or otherwise conduct in violation of these Terms and Conditions, any fraudulent or otherwise unlawful activity, Fareness reserves the right to take any necessary legal action to protect its rights, and you may be liable for monetary losses to Fareness, including litigation costs and damages (including lost profits) to the fullest extent of the law.
IV. RESOLUTION OF DISPUTES: BINDING ARBITRATION, GOVERNING LAW, JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND FARENESS ARE RESOLVED.
1. Dispute Resolution Through Internal Review
We are committed to ensuring that You are satisfied with our services. As such, should a dispute arise between us, we will attempt in good faith to resolve such dispute. That is why we encourage you to contact us at email@example.com so that we can attempt to address your concerns.
2. Jurisdiction. Governing Law.
When allowed by applicable law, these Terms and Conditions, any visit to or any transaction complete on the Site and the relationship between You and Fareness, and other parties hereunder, will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.
You and Fareness agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California with respect to any legal proceedings that may arise in connection with, or relate to, our Mandatory Arbitration clause and/or a Claim. You and Fareness agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, the Mandatory Arbitration clause and/or a Claim, shall be the federal and state courts located in San Francisco, California.
Any and all Claim(s) must be brought within two (2) years from the date on which such Claim arose or accrued.
Fareness is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this chapter.
3. Mandatory Arbitration
The arbitration shall be governed JAMS Streamlined Arbitration Rules and Procedures (“the “JAMS Rules”), as modified by this agreement and administered by JAMS. JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at +1 (800) 352 5267. If you initiate arbitration proceedings against Fareness in an amount not to exceed $75,000 (and definitively waving any right to recover in excess of that amount), the only fee you shall be required to pay directly to JAMS is US$250 (which is comparable with a court filing fee); all other costs payable directly to JAMS will be borne by the Company.
You and Fareness agree to the following arbitration rules, which JAMS must observe:
1. The arbitration proceeding shall be conducted by a single arbitrator if the claimant seeks an amount not to exceed $75,000 (and definitively waives any right to recover in excess of that amount). The arbitration proceeding otherwise shall be conducted by three arbitrators. The proceeding shall be conducted in San Francisco county, California by arbitrator(s) who is/are approved by, or otherwise affiliated with, JAMS, and has experience in the travel industry.
2. Except for a claim relating to or arising out of a violation of, or interference with, its intellectual property rights (including, without limitation, proprietary information, trade secrets, brand, and goodwill), the arbitrator may not award any punitive or exemplary damages, or any incidental, indirect or consequential damages, including without limitation, damages for lost profits or loss of enjoyment, except where permitted by applicable law. The parties waive any rights to recover any such damages.
3. For matters in which the claimant seeks an amount not to exceed $75,000 (and definitively waives any right to recover in excess of that amount), then the party initiating the arbitration may choose the form of how the arbitration can be conducted: via telephone, online, based exclusively on written submissions, or at an in-person hearing. However, if either party requests an in-person hearing, the arbitrator shall decide if a hearing is necessary or whether the arbitration shall proceed solely based on written submission, via telephone or online. If the arbitrator decides an in-person hearing is necessary, the hearing shall occur in a mutually agreed location, or, if unable to agree on a location, at a U.S. location selected by the arbitrator and which is reasonably convenient to you. Either party may participate at an in-person hearing by phone, unless the arbitrator decides otherwise.
4. The arbitrator shall not consolidate or join more than one person’s Claims without the express written consent of all parties.
The arbitrator’s decision shall be final and binding and judgment may be entered thereon. The arbitrators may not decide issues related to the enforceability and the scope of this Mandatory Arbitration section, which are reserved for a court of competent jurisdiction. If Sub- Section (4) above is found to be unenforceable, then the entirety of the Mandatory Arbitration provision shall be null and void. If any other part of this Mandatory Arbitration provision (except sub-section (4) above) is found to be unenforceable, or otherwise conflicts with the JAMS Rules, then the unenforceable part of this provision shall be struck down and the balance of the provision shall remain in effect and shall be construed in accordance with the remaining terms. In the event a party fails to proceed with arbitration or improperly files a claim the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration.
YOU RECOGNIZE THAT, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND FARENESS 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.
V. TRAVEL SERVICES SUPPLIER TERMS AND CONDITIONS
Additional Terms and Conditions imposed by the Travel Services Providers will apply to your purchase of Travel Services on Fareness.com.
1. Airline Services Providers Fare Rules and Contract of Carriage.
Airline tickets are made available to purchase through Fareness conditioned upon your acceptance of each carrier’s conditions of carriage and fare rules involved in your itinerary, including but not limited to change and cancellation policies. Depending on the Services you choose from Fareness, additional terms and conditions will apply to your purchase. Please read any additional terms and conditions carefully. If you have purchased an air ticket, it is your responsibility to read the fare rules and the contract of carriage issues by all airlines involved in your itinerary, which can be found on each Travel Services Supplier website. You agree that your use of Fareness.com shall comply with such additional terms of carriage and Travel Services Supplier policies. Airfares booked on Fareness are only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
Booking multiple airlines.
If your itinerary includes flights operated by more than one airline, please read carefully the contract of carriage and fare rules of each airline involved. These are generally available on each airline’s website. If one of these flights is altered (e.g. rescheduled or canceled) in a way that disrupts or conflicts with other flights within the itinerary, the Traveler shall be solely responsible for any fees or fare difference incurred for making changes to the unaffected flight(s) and any other resulting costs.
All airline Contracts of Carriage are available for view publicly on their websites and at their office branches. Fareness is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. The rules for denied boarding are available at all ticket counters in your Contract of Carriage. Please note that certain airfares are subject to a service fee. Should you cancel or change your air reservation before or after your departure, cancellation penalties, for which you are solely responsible, may apply.
Most airline tickets purchased through Fareness.com are non-refundable, non-changeable and non-cancellable, unless otherwise expressly indicated in writing in your itinerary.
General Rules governing airline tickets:
i. Airline Rules, Itinerary Changes and Price Changes: Airline tickets available through Fareness are subject to the published conditions of carriage and Fare Rules, including but not limited to cancellation policies, of the applicable airline. Such Fare Rules are subject to change.
ii. Frequent /Flyer Traveler Points: Frequent traveler awards (miles, points or any other award), upgrades, certificate vouchers and other discounts or incentives may not apply to Fareness’s airline service. Refer carefully to the fare rules of each airline in your itinerary for details.
iii. Age Requirements: Traveler’s reservations must include at least one adult passenger age 18 or older.
iv. Maximum number of tickets: The current maximum amount of tickets which can be purchased on one itinerary through Fareness.com is six (6).
i. Code Share: Some airlines enter into “code share” agreements with a limited number of select airline partners. If your flight is a code share, it will be disclosed to you when you book the flight and in your booking confirmation.
ii. Hazardous Materials: 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 include paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. 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. For more information, see:
iii. Disinsection: Most countries reserve the right to disinsect the aircraft if there is a perceived threat to public health, agriculture or environment. Additional information may be obtained from the U.S Department of Transportation at www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
Airline Prohibited Practices
Certain practices are prohibited by airlines As such, when booking on Fareness, you agree not to purchase a round-trip ticket that you plan to use only for one-way travel if that practice is prohibited by the airline(s). You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a “point-beyond,” “hidden-city,” or “back-to-back tickets” if those practices are prohibited by the airline(s). You agree to fully and immediately indemnify and hold harmless Fareness against airline claims, on the basis of these or any other prohibited practices, for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased, or any other resulting liabilities or losses.
Taxes and Fees. Charges on Airline Tickets
Paper ticket fees, itinerary change/cancellation/refund fees, baggage fees and Entry or Exit fees on certain international flights may also apply to your itinerary, as described below:
i. Itinerary Changes/Cancellations: Air travel itinerary changes, if permitted by the airline fare rules, may have a change fee charged by the airline that will vary by market, carrier and specific fare rule. In addition to any change fees charged by the airline, we charge a service fee of $30 per ticket for an air itinerary change.
ii. Baggage and Other Ancillary Airline Fees: The airlines may require you to pay additional fees at the airport for certain services and/ or if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance. During the booking process, Fareness will provide a link to a static page where each airline’s baggage fees can be viewed on an “as available basis”, but each airline should be carefully consulted for complete information about its baggage and other ancillary fees.
2. Prices. Payment methods.
All prices shown are in U.S. Dollars (USD) unless otherwise specified.
All prices at the time of booking are final and subject to change only by Travel Suppliers under special circumstances allowing such changes under applicable laws. Unless otherwise stated in the description of the offer, the following amounts will NOT be included as part of a Service’s advertised price (if applicable):
· items of a personal nature such as incidentals, excess baggage charges
· airport taxes/entrance fees, port charges, foreign government departure taxes
· costs of Passports or Visas
· inspection, customs, immigration and naturalization fees
· travel insurance including health, accidents, lost baggage and Tour cancellation
· early check-in and check-out
· tips and gratuities
· any other activities or items not explicitly advertised as included in the price of a Service in its description.
A booking fee between $0 USD and $30 USD is included in the displayed price of each airline ticket. This fee is per person.
Fareness accepts the payment methods listed on the payment page.
3. Cancellations and Alterations Policies.
Most of our airline tickets offered online are non-refundable. Please carefully review the Fare Rules for each carrier involved in your itinerary to see if allows cancellation or changes to your itinerary.
Cancellations and itinerary changes attributable to Traveler:
All amounts paid by Traveler for Services shall be non-refundable, except when permitted under the hotel policies, contract of carriage and fare rules, as the case may be, of the involved Travel Services Supplier. When permitted by such airline fare rules, the airline may charge a cancellation or change fee for each ticket, depending on carrier and specific rules. The Fareness booking fee is always non-refundable, even if any other amounts for Services are refundable. Standard airline cancellation and change penalties may apply.
Administrative Fees for Alterations Attributable to Traveler:
Changes are subject to availability, and could alter the price of the entire Services in addition to our rebooking fee. Any requested change to the original itinerary must be submitted to Fareness in writing. This policy also applies to any available changes made or requested by Traveler while en route.
Cancellations and Alterations attributable to the Travel Service Provider:
In the unlikely event that a major change (involving a change of departure or return date, departure city or destination) becomes necessary, we will notify you as soon as possible and will try to substitute comparable Services. In the event of complete cancellation by us, our only liability will be limited to a refund of all monies paid. Fareness is not responsible for additional expenses incurred by Travelers in preparation or anticipation of their Services (medical expenses, insurance charges, international airfare, or any other expense).
California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
VI. Issuing Travel Documents.
Immediately after booking, you will receive a confirmation email to confirm that we are processing your order. Once ticketed and confirmed, your travel itinerary will be sent to you electronically.
VII. Passports and Visas for International Travel.
It is Traveler’s responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire trip.
Most international trips require a passport valid until at least six (6) months beyond the scheduled end of your itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their tour. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel or directly from the destination country's website.
Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, in addition to other requirements. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames, middle names and forenames used for all passengers when making a booking and appearing in your travel documents (for example: booking forms, travel tickets or vouchers), correspond exactly with those appearing on your passport, visas, or other travel documents.
Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release Fareness from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. 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. For State Department information about conditions abroad that may affect travel safety and security, go to https://travel.state.gov/content/passports/en/alertswarnings.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel. Other information relating to particular international destinations can be found at https://www.dot.gov, www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.cbp.gov.
It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
VIII. Travelers with Special Needs or Disabilities.
If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, or some other special need) you must contact all relevant Service providers ahead of time and verify that those special needs can be met. We make no guarantees as to the ability of Supplier to meet the special needs of disabled clients.
Any notices required or permitted hereunder shall be given to:
548 Market St, #46989
San Francisco, CA 94104-5401
(with email copy to: firstname.lastname@example.org)
X. Risks regarding Local Laws.
Some Travelers will be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general.
BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND FARENESS SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
XI. Marketing Materials and Illustrative Photos.
The photographs and illustrations appearing throughout the Site are for illustrative purposes only. They are binding on Fareness only to the extent that they illustrate the type or standard of such Services, and are not contractual nor are they to be construed as representations or guarantees of the conditions of the Services pictured at the time of your Travel.
XII. Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FARENESS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES OR AFFILIATES, DISTRIBUTORS, OR OTHER AGENTS INVOLVED IN MAKING FARENESS.COM AVAILABLE TO YOU (“COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, COMPENSATORY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF FARENESS OR USER HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL FARENESS’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
FARENESS IS ACTING AS A FACILITATOR FOR ALL SUPPLIERS OF SERVICES AND CONVEYANCES ADVERTISED AND/OR SOLD BY US. ANY AND ALL SUPPLIERS OF SERVICES AND CONVEYANCES ADVERTISED AND/OR SOLD BY FARENESS ARE THIRD PARTY VENDORS AND FARENESS RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, FARENESS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS, EVEN IF FARENESS HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.
XIII. Disclaimer of Warranties.
While our goal is to keep content accurate to the extent possible, errors and/or omissions may occur. WHILE WE ATTEMPT TO PROVIDE ACCURATE CONTENT, ALL CONTENT (INCLUDING BUT NOT LIMITED TO PRICES AND PRICE PREDICTIONS) AND SERVICES OFFERED OR MADE AVAILABLE BY OR THROUGH FARENESS, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, TRAVEL SERVICES, INFORMATION, GRAHICS OR TEXT ARE PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE CONTENT RELATING TO THIRD PARTY PRICES OR PRACTICES BEING PROVIDED ON THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FARENESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT (e.g. PRICING ERRORS), UNINTERRUPTED SERVICE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY OR THROUGH FARENESS. APPLICABLE LAW IN YOUR JURISDICTION MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
FARENESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE, UNITERRUPTED, THAT ANY ERROR WILL BE CORRECTED OR THAT THIS SITE OR THE SERVERS IT RESIDES ON WILL BE FREE OF VIRUSES, WORMS AND/OR OTHER HARMFUL SOFTWARE. FARENESS FURTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERING THE ACCURACY, AVAILABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY MATERIAL OF ANY KIND MADE AVAILABLE THROUGH THE SITE FOR ANY PURPOSE, SUCH AS GRAPHIC CONTENT OR INFORMATION REGARDING THE SERVICES OFFERED.
Traveler hereby also agrees to fully and immediately indemnify and hold harmless Fareness from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against Fareness regarding, resulting, or arising from Traveler’s utilization of any Services or Traveler’s performance of this Agreement.
XIV. Indemnification and Release.
Except as otherwise set forth herein, by proceeding with the use of this Site and any Services, Traveler hereby releases Fareness from any and all liability, loss, expense, damages, or claims arising out of or resulting from Traveler’s purchase of any Services, whether caused by the negligent or reckless conduct of Traveler, a Service Provider, a third party, or otherwise.
Traveler hereby also agrees to indemnify, defend and hold harmless Fareness from and against any and all damages, losses, causes of action, recoveries, fines, penalties, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of any claim brought against Fareness by any third party, regarding, resulting, or arising from:
1. Your breach of these Terms or the documents referenced herein;
2. Your violation of any law or the rights of any third party;
3. Your use of the Site;
4. Your use of the Services.
XV. Force Majeure.
Fareness shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Fareness’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of data communication or power services, terrorism or any other causes beyond the control of Fareness or deemed to constitute a danger to the safety and well-being of Travelers.
XVI. Seller of Travel Disclosure Information.
FARENESS, LLC is a registered California seller of travel: CST #2125330 - 40. Registration as a seller of travel does not constitute approval by the State of California. This business is a participant in the California Travel Consumer Restitution Corporation. California Law requires certain sellers of travel to have a trust account or bond. Fareness.com has a trust account.
California Travel Consumer Restitution Fund. This business is a participant in the Travel Consumer Restitution Corporation (TCRC). You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. Please note that if you were outside of California at time of purchase, such transactions are not covered by the TCRC. A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel. A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001; or by faxing a request to: 415-256-9756.
XVII. Use of Traveler Information.
Fareness may occasionally use statements and testimonials provided by Travelers, and/or Travelers’ photographs, videos or any other images in marketing materials, on the internet, and/or in print publications and advertisements to promote Fareness and/or our Services. Traveler consents to such use of Traveler’s statements or photographs for promotional purposes.
XVIII. Representations and Warranties.
Traveler represents and warrants that Traveler: (i) has all requisite power and authority to enter into and perform the obligations under these Terms and Conditions; (ii) will abide by all laws, rules and regulations and will endeavor to comply with all local customs; and (iii) all of the information provided to Fareness to facilitate their purchase of a Service is true and accurate. Traveler authorizes Fareness to make any such investigations as Fareness determines to be necessary, at their sole discretion, to determine Travelers eligibility.
XIX. Visiting our website from outside the United States
If you are visiting our website from outside the United States, please be aware that your information is processed and stored in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.
XX. Attorney’s Fees, Costs, and Expenses.
Traveler may not assign or transfer his/her rights or obligations hereunder without the prior written consent of Fareness, and any such attempted transfer or assignment shall be null and void. These Terms, and any rights and licenses granted hereunder, may be assigned by Fareness at its sole discretion without restriction.
XXII. Severability and Survival.
If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and Fareness agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
XXIII. Entire Agreement.
These Terms and Conditions constitute the entire understanding and agreement of the parties with respect to the subject matter covered by them, and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, acknowledgment, or other document will be effective with respect to affecting the terms hereof. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such Party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Fareness does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
XXIV. Subscription Fees
Fareness offers a premium feature set of the Services available for purchase as a monthly or yearly subscription ("Subscription"). Fareness describes the premium features within the app, and Fareness offers a trial period ("Trial") of 7 days during which you can use and preview the premium services without incurring a fee, as long as you cancel the Subscription prior to the end of the trial, via your App Provider (for instance, via the subscriptions management screen in iOS). When you purchase a Subscription, we may ask for various information including credit card details. You warrant that you have the legal right to use the payment methods provided, and you authorize us to provide your payment information to a third party service provider to complete the transaction for the Subscription Service. You agree to pay the applicable Subscription fee, any other applicable fees and taxes. You authorize Fareness to charge your account with the App Store or other distribution platform where Fareness is made available, and you agree to accept any additional charges that your App Provider or bank may levy on you as well as any applicable taxes or fees that may apply. Your Subscription will not be active until your payment is accepted by Fareness. Payments for Subscriptions are non-refundable and non-transferable.
In the event that you have any questions or concerns about charges, you agree to raise them with Fairness initially and not to cancel or refuse to make any credit card or App Store payment until you have first resolved all reasonable efforts to communicate with Fareness directly.
Fareness reserves the right to reject any order for Subscription Services in the event that your payment method is declined, fraudulent, or otherwise in its sole discretion. Fareness may reach out to you to seek additional information, such as a billing zip code or other data, in order to verify the authenticity of your purchase, to protect your card and purchase data from misuse.
XXV. Subscriptions Automatically Renew Until Cancelled
After the end of our Trial offer, if you have not yet cancelled the Fareness Subscription Service, you will be charged for the Subscription Service at the price disclosed to you upon acceptance of the Trial offer, and you will be charged again at the end of each subscription term thereafter until you cancel. You must cancel your Subscription before it renews to avoid being charged the fees for the next Subscription term. If you purchased the Subscription via an App Provider (such as the App Store), you can cancel your Subscription at any time. In such event, you will not receive a refund, pro rata or otherwise, for amounts already paid for the Subscription, but your Subscription renewal will be set to off and your access to the Subscription Services will continue until the end of the term of your current paid Subscription period.
XXVI. Changes to Pricing for Subscriptions
Fareness reserves the right to modify the pricing for its Subscriptions at any time at its sole discretion and in such an event, Fareness will notify you prior to any such changes taking effect. Any changes to Fareness' Subscription pricing will not apply retroactively, and only for Subscription renewals after Fareness has delivered a notification to you of the price change. If you don't agree with Fareness' change to its pricing, you may choose not to renew your Subscription by following the instructions above in the section entitled "Subscriptions Automatically Renew Until Cancelled".
XXVII. Future Features
You accept and agree that your Subscription to Fareness and your payment of the fees are not contingent on any future feature set or functionality, or on any written or oral public comments by Fareness regarding functionality. Fareness reserves the right to modify, add, or delete any features at any time.
XXVIII. Customer Service Help
For quick answers to your questions, email us at email@example.com.