Helping travelers from all around the world with their travel
plans is a priority for ca.lowtickets. The terms and conditions
shown below are accepted by you if you use our website for all of
your travel needs. All transactions on the website related to travel
are subject to the terms and conditions specified, which comply with
applicable legal requirements.
You and ca.lowtickets have both agreed to these terms.
Regardless of whether you are a registered user or a guest, you must
abide by the following terms and conditions when using
ca.lowtickets, the company's mobile website, and mobile and tablet
applications, including any content, functionality, and services
offered on or through those platforms. To get travel-related
information, verify the availability of travel-related products and
services, make confirmed reservations, or engage in other business
dealings with travel suppliers, use the website alone.
Please read the Terms of Service carefully before using the
website. The Terms of Use and our Privacy Policy, which are
available at https://www.ca.lowtickets/ and are incorporated herein
by reference, are accepted and agreed to by you if you access or use
the Website or click to accept or agree to the Terms of Use when
this choice is presented to you.
Section 1: RULES AND REGULATIONS
Your reservation is subject to additional terms and
restrictions set forth by the travel providers ("Rules and
Regulations") in addition to these terms.
In order to begin the booking process, you must agree to the
terms and conditions of the travel agency you have chosen, including
those pertaining to cancellations, terms of payment, refunds, the
use of tariffs or related services, etc. Please be aware that the
complete regulations listed below are given to you prior to making a
reservation and are indicated and properly included in these
conditions.
Additionally, your confirmed reservations may be canceled if a
regulation is broken, and you may subsequently be refused access to
the appropriate travel services. One may also lose money when paying
for such reservations, depending on the policies and procedures of
the travel provider.
Section 2: While making use of our services
We make every effort to assist you with your reservations and
give you accurate information on travel services. They are given to
you for no other reason than that. You committed to:
- Only personal and non-commercial uses will be made of our
services.
- A person must be at least eighteen years old and legally
able to sign contracts.
- You will abide by these terms and use our services in a
legal manner.
- All of the information you have given is true, accurate, up
to date, and comprehensive.
When making a reservation on someone else's behalf:
- Before operating on their behalf, you must obtain their
consent.
- You will inform them of the conditions that apply to the
reservation, such as the Rules and Restrictions, and make sure they
accept and abide by them.
- Any unpaid amounts, requests for changes or cancellations,
and other matters pertaining to the reservation will be your
responsibility.
Additionally, you consent to refrain from:
- Make a phony or fraudulent reservation.
- Use a robot, spider, scraper, or other automated or manual
technique to view, track, or duplicate any material on our service.
- bypass or get around other security measures that are in
place to restrict or prevent access to our service, or violate the
limits in any robot exclusion headers on our service.
- Do anything that could put an unjustified or undue strain
on our infrastructure.
Deep links, "frames," and mirrors of our service on other
websites are prohibited.
Section 3: PAYMENT RELATED
Processing of Payments
As shown on your payment method statement, payment for some
travel services, including a package (as described in Section
6G(Packages), may be made by several parties; however, the total
amount charged cannot be greater than the sum of the prices of all
travel services.
The business that accepts payment (through third-party payment
processors) and charges your payment method will be the one
indicated next to the appropriate location of our service in the
table below. This is the case when payment is made at the time of
booking and paid for in the local currency of our service (if
applicable).
- Canada, India, Hong Kong, Japan, Brazil, Mexico,
Switzerland, United Kingdom, Singapore, United States.
- Austria, Bahrain, Belgium, Bulgaria, China, Denmark, Egypt,
Finland, France, Germany, Greece, Hungary, Iceland, Indonesia,
Ireland, Italy, Jordan, Kuwait, Lebanon, Malaysia, Morocco,
Australia, Netherlands, Norway, Oman, Qatar, Philippines, Portugal,
Romania, Saudi Arabia, South Africa, Spain, Sweden, Taiwan,
Thailand, Turkey, United Arab Emirates, Vietnam, Argentina, Chile,
Colombia, Costa Rica, Ecuador, El Salvador, Panama, Peru,
Venezuela.
Verification of Payment
You can modify your payment process to suit their preferences
after you give the specific business listed in the above table, or
the travel provider, permission to: Verify your payment method by
obtaining a pre-authorization, charging a small fee, or even through
other verification means.
Charges Made By Banks
For international or cross-border transactions, several
financial organizations, such as banks and credit card firms, impose
fees. For instance, your card issuer may impose an international or
cross-border transaction fee if you use a card issued in a country
other than the Travel Provider's location to make a reservation or
if you choose to transact in a currency other than the local
currency of our service.
Additionally, there are fees associated with currency
conversion from certain banks and credit card companies. Use a
different currency from the one you used to pay with your credit
card when making your reservation. The booking amount may be
converted to the currency of your credit card by your card issuer,
who may also charge a conversion fee.
Please get in touch with your bank or card issuer if you have
any questions concerning these fees or the currency rate that was
applied to your reservation. Any fees associated with changing
currency rates or card issuer fees are not our Group of Companies'
responsibility or involvement.
About Currency Conversion
Any currency conversion rates presented on our Service have
been determined from public sources and current exchange rates,
which may change between the time of reservation and travel. Such
prices are provided solely for informational purposes, and while we
strive to offer accurate information, our Group of Companies cannot
guarantee the correctness of such conversion rates because they are
outside our control.
We may collaborate with alternative payment method providers
(such as consumer finance organizations) to provide our travelers
with alternative payment options. Our Group of Companies does not
promote or suggest any other payment provider, their products, or
services. We are not liable for any alternative payment source's
content, actions, or omissions. You use any such provider's payment
method at your own risk and are subject to the provider's terms and
rules. So, be careful with your payments.
Fraudulent
We may ask you for more information if we have a good reason
to suspect that a reservation or account has signs of fraud, misuse,
connection to a government-sanctioned individual or organization, or
other questionable behavior.
If we have good grounds to suspect that a reservation or
account is connected to suspicious activity, fraud, abuse, or a
government-approved individual or organization, we may:
- Terminate all associated accounts, cancel all reservations
associated with your name, email address, or account, and pursue
legal action for any losses.
- If you wish to close an account or cancel a reservation,
get in touch.
Section 4: Changing Or Canceling A Reservation
If you need to change or cancel your reservation (in terms of
the starting point, destination, date of travel, property, or method
of transportation), get in touch with us.
Unless allowed by the applicable Travel Provider's Rules and
Restrictions (which are revealed to you before making a booking),
you do not automatically have the right to cancel or modify a
reservation.
If you need to amend or cancel your reservation, you may be
charged a fee by the travel agency. The Rules and Restrictions will
contain information on these fees. Any fees you incur are your
responsibility. Please be aware that the current rate will apply
when you request the modification, and that will determine the cost
of your new arrangements. This pricing can differ from the one you
paid for the travel services at the time of booking. Usually, prices
increase closer to the departure date.
Go over the Rules and Regulations listed below to find out
which terms you can use for your reservations:
- The cancellation or modification fees specified in the
applicable Rules and Regulations may apply if you book a stay at a
property and fail to cancel or modify your reservation within the
appropriate cancellation policy period.
- Once a reservation has been made, some places do not permit
cancellations or changes.
- The property may impose a no-show or cancellation fee in
accordance with the applicable Rules and Regulations if you make a
Pay Later reservation and fail to show up or cancel.
- Refunds may only be due to you in compliance with the
relevant rules and regulations if you fail to use any or all of the
scheduled travel services or do not show up.
- Each person on the cancelled booking will be charged the
appropriate cancellation fee if the cancellation impacts more than
one person on the reservation (for instance, two airline tickets
bought on the same itinerary, etc.).
- We may charge you an administration fee in addition to any
other fees levied by the appropriate travel provider if you wish to
change or cancel any part of your reservation and the provider
permits it. Before you consent to the change or cancellation, you
will be informed if there is an administration cost.
Any Further Changes Or Cancellations
If full payment is not received by the due date, including any
applicable cancellation/change fee, we (and the relevant travel
provider) reserve the right to cancel your reservation.
For a number of reasons, the Travel Provider or we may cancel
or modify a reservation (for instance, if a property is closed
because of a hurricane or if a property is overbooked because of
connectivity issues). If this happens, we will try our best to get
in touch with you as soon as we can to offer a refund, other
options, or assistance.
Reimbursement
You will get any refunds using the original payment method
that you used to make the reservation. The person who received your
first payment will be the one to provide these reimbursements. The
refund procedure used by a travel provider is not accessible to us.
Unless otherwise specified during the reservation process, our fees
are non-refundable.
Section 5: Specific Terms for Travel Services
Terms unique to the Travel Service
The phrases pertaining to the particular travel services
provided by the travel provider are explained in this section. The
relevant Rules and Restrictions are sent to you before you make a
reservation, and this information is neither all-inclusive nor does
it replace them.
Subject to the applicable Rules and Restrictions of the Travel
Provider, each Travel Service may be provided separately or as a
component of a Package (as defined in Section 6F (Packages)). Please
read this part as well, since it may be relevant to your
reservation. The relevant Rules and Restrictions will take
precedence over this Section in the event of a dispute.
Ratings
Our service's ratings, which include (where applicable) local
and national star rating agencies, tell you what to anticipate from
properties with that rating level. These might not be the same as
the norms in your nation. No particular feature or amenity is
promised or represented by site ratings. The "Overview" and
"Amenities" sections of the property details page contain more
details. The accuracy of any particular rating offered through our
service is not guaranteed by our Group of Companies, and these
guidelines are subject to change.
Meals
The number of meals included in your flight reservation, if
any, is determined by the number of flights you have booked. When
booking their flight, passengers have the option to request
additional meals.
Flights
The rules and restrictions of the flight travel service
providers are provided before a reservation is made.
We will act as the Travel Provider's agent if you pay our
Group of Companies (on behalf of the Travel Provider) for a single
flight reservation. You and the relevant Travel Provider have a
contract for the flight.
Only when you have paid for the Travel Service and received
your tickets are the cost and availability of your flight assured.
Cheap flights
The pricing shown for some flights might have been converted
from another currency. This will give you an estimate of the price
in your local currency and is done for convenience. Because banks
and card-issuing companies utilize different conversion rates, the
airline's actual payment may differ. The airline will, however, give
you the amount they have recommended be charged when you complete
the reservation. For information on costs assessed by banks and card
issuers, please refer to Section 4 (Payment).
You can only modify or cancel your flight with certain
low-cost airlines by getting in touch with them directly. If you
amend or cancel a flight with your airline directly, or if the
airline makes changes to your travel schedule, we might not be
informed. The itinerary that you receive through our service might
not reflect such changes. Any further notifications of itinerary
changes that you receive directly from the airline should be
printed.
Terms And Conditions For Flights
You acknowledge and comprehend that:
- Schedules are ultimately in the hands of the airlines, who
may alter or cancel your flight for a number of reasons (such as
bad weather or technical difficulties). We will let you know and
help you make decisions when the airline notifies us of a change or
cancellation to your itinerary. Always confirm the scheduled
departure time of your flight before you go.
- Seating is regulated by airlines. Therefore, even if a seat
is reserved in advance, we are unable to guarantee its
availability.
- The airline, flight timetable, aircraft type, itinerary,
and potential stops are merely given as recommendations for special
or charter trips. Please check the relevant Rules and Regulations
prior to making a reservation, as these details are subject to
change even after confirmation.
- When you purchase a return ticket and fail to utilize the
outward flight, the airline can cancel the return flight without
refunding the money.
- There are airlines that will make you pay more to get
meals, to check in luggage, to choose a preferred seat, etc. Any
references made to these additional optional services and
associated prices made available to you via our Service are for
informational purposes only and are subject to change at any time
by airlines unless we make such optional services available to be
booked using our Service. Where we provide the facility to you to
book such extras via our Service, the price of such optional extras
will be displayed to you, and once you have chosen this option, it
will be included in your pricing.
- You have to comply with the applicable Rules and
Regulations for carrying children. Children who are above two years
old on the date of return should buy a return ticket at the child
fare on both the outgoing and the returning flights. Failure to do
so will make you eligible to be refunded any seat charges that you
may have incurred during travel. Children who are below two years
will not be given a separate seat unless they have been paid a
child fare. Children who are below 14 years and are unaccompanied
shall not fly unless it is in compliance with the Rules and
Regulations.
- It is usually not allowed to carry dangerous items on board
aircraft, either in your body or in your luggage.
Combined One-Way Tickets
Instead of a round-trip ticket, we might let you book two
one-way tickets. A wider range of flights might be available with
combined one-way tickets. They can be combined on one or more
carriers and are typically less expensive.
Compared to round-trip tickets, one-way tickets are subject to
different rules and limitations. You might have to reschedule the
other flight if an airline change (such a cancellation or
rescheduling) affects one of these flights. In these situations, you
will be liable for any fees or charges incurred while modifying the
flight that is not affected. When you purchase one-way tickets
instead of round-trip tickets, you will be notified so you can
choose which one to purchase for your trip.
Operating Airlines
Sometimes another airline operates flights that were booked
with one carrier. The airline that issued your ticket will charge
you for your flight reservation and show up on your payment method
statement if our service displays different information about the
operational airline.
No-Show or Cancellation
For example, a refund of the airport taxes and fees included
in the price of the airline ticket purchases may be offered in the
event of a cancellation or no-show. You can ask us for a refund in
this situation, and we'll submit your request to the airline on your
behalf.
Section 6: International travel
Go Abroad
Everyone hopes for a joyful and safe trip, but they are aware
that some places can be dangerous. Prior to booking a ticket, it is
necessary to review all government-issued advisories, including
travel warnings and recommendations. To help prevent and minimize
any potential issues, you should also be on the lookout for travel
warnings and guidance both during your trip and before you return.
Section 7: Accountability
Our responsibility
While travel providers provide you with the travel services,
we own and operate our service. To the extent that the law permits,
our Group of Companies disclaims all liability for:
Any errors, omissions, representations, warranties, or
negligence in the travel services that you receive, as well as any
fatalities, serious injuries, property damage, or other costs or
damages, are the responsibility of the travel providers.
Information about their travel services is provided to us by
the travel providers. Details about the travel service, pictures,
costs, and any relevant laws and guidelines are all covered in this
information. We use our service to make this information available.
It is the duty of the travel providers to guarantee that the data is
accurate, complete, and current. Unless and only if our Group of
Companies directly created the inaccuracy, our Group of Companies
will not be held accountable for it.
Our Group of Companies cannot ensure the provision of
particular Travel Services. The photos and pictures on our website
are just to give you an idea of the standard and kind of
accommodation that will be provided. To read more about the content
that is being posted on our Service, including restrictions on some
content that may be posted, please refer to the Content Guidelines
section.
All information, material, services, and features made
available on or through our Service are offered on an "as is" basis.
Subject to the fullest extent, as is allowed by law, and other than
as explicitly mentioned in these Terms, all information, software,
content, services, functions, Travel Services, or any products or
services or hypertext links to third parties, or the transfer of
sensitive information via our Service or any site linked to our
Service is offered without any implied warranty or condition of any
sort.
None of our Group of Companies encourages or recommends the
travel services that are presented by our service. Our Group of
Companies excludes, so far as is legally possible, all guarantees
and conditions that:
- We ensure that our service/servers/emails are virus-free
and error-free. We also ensure that defects will be resolved.
Our Group of Companies will, to the extent permitted by
applicable law and within the boundaries in these Terms, not be
liable toward any direct, indirect, punitive, special, incidental or
consequential losses or damages (regardless of whether such losses
or damages were foreseeable), caused by:
- Travel Services,
- while using our Service,
- any delay or inability to utilize our Service, or
- You are Linking to our Service.
Regardless of whether it is grounded on negligence, contract,
tort, strict liability, consumer protection acts, or otherwise, and
even if the risk of such damages has been brought to the attention
of our Group of Companies.
Subject to the exclusions and limitations in these Terms and
to the greatest extent allowed by law, our Group of Companies will
only be liable to you for direct losses that were:
- When both you and the Group of Companies could have
reasonably been expected to suffer such losses.
- When one has been harmed by you, it is directly related to
what our organizations have done.
- In addition, if our group of companies is liable in any
way.
Such a duty will never total more than (a) the price you paid
for the relevant travel services or (b) $100 (US$100.00) or its
equivalent in local currency.
The risk sharing between you and us is reflected in this
limitation of liability. Even if a limited remedy outlined in these
Terms is found to have fallen short of its primary goal, the
limitations stated herein will still be in effect. Our Group of
Companies benefits from the limitations of duty outlined in these
Terms.
The duties set forth in these Terms that are impacted by a
force majeure event will be suspended in the event of any force
majeure event, such as a communication breakdown or a strike (by
airlines, properties, or air traffic controllers, as applicable).
The party impacted by the force majeure occurrence is not
responsible for the failure to fulfill obligations in such a
situation.
Section 8: CONTENT
When you post (or allow another person to post) Content on our
Service you are giving our Group of Companies a non-exclusive,
worldwide, royalty-free, perpetual, transferable, irrevocable and
fully sub-licensable right to use, reproduce, modify, adapt,
translate, distribute, publish, create derivative works based on,
and publicly display and perform any such Content in any medium, now
known or later devised, for any purpose.
You admit and acknowledge:
- You should own the legal right to, and be able to provide
(or permit others to add) any Content to our Service, and
- Notwithstanding any other provision of this Agreement, you
warrant (represent) and confirm that, if the Content you post (or
authorize to post) to our Service contains trademarks or other
safeguarded names or marks, then you have the authorization and
legal right to use these names or marks.
- You further give our Group of Companies legal authority to
take action against any individual or party that violates any
intellectual property rights in or over your Content.
It is recognized and accepted that:
- Our Group of Companies may, at its discretion, utilize the
name that you provide along with any Content in order to credit
your Content (such as by showing your first name and hometown on a
review that you post) in a manner that cannot be used to identify
you. This information can also be disclosed to travel providers.
- The material that is posted or alleged to be permitted to
post to our services is not regarded as confidential or
proprietary.
- Anything you post, or allow to be posted, on our Service is
not misleading or deceptive, or likely to deceive or mislead any
person by submitting communications or Content to us; no
confidential, fiduciary, contractually implied, or other
relationship is created between you and us, other than under these
Terms;
- Your Content is your responsibility alone, and any Content
you provide must comply with our Content Guidelines.
No confidential, fiduciary, contractually implied, or other
relationship is formed between you and us other than in accordance
with these Terms; any Content you submit, or authorize to submit, to
our Service is not misleading or deceptive, or likely to deceive or
mislead any person by submitting communications or Content to us;
and
Your content is entirely your responsibility, and anything you
submit must follow our content guidelines.
Section 10: Notices of Copyright, Trademarks, And
Intellectual Property Policies
a. Protecting Your Account and Using the Official
Website
We reserve the right, at our sole discretion, to alter or
remove this website, as well as any services or content we provide
on or via the website, at any time and without prior notice. If the
entire website or just a section of it is inaccessible for any
reason at any time or for any period of time, we will not be held
liable. Access to some or all of the websites may be blocked at any
time, even for registered users.
- To gain access to the website, do the required
preparations.
- Making certain that everyone who uses your internet
connection to visit the Website understands and agrees to these
Terms of Service.
To use the website or certain areas it, you may be asked to
register or provide other information. Your use of the Website will
be governed by the precision, completeness, and honesty of all the
information that you provide. By using this sit,e you agree to the
terms of our Privacy Policy, which applies to all the information
you provide to us, whether in connection with registration on this
site or in any other manner, including but not limited to use of any
other content on the site.
As a security measure, in the event that you choose or are
issued a login, password, or any other information, you must make
sure that you maintain the privacy of this information and keep it
to yourself. In addition, you agree that your account is personal to
you and that you will not allow another person to use your username,
password, or other security details to access this website or any
part of this website. You will notify us immediately in case your
username and password are used, accessed, or compromised in any
other manner without your authorization. You also realize that you
will end each session by signing out of your account. When using a
shared or public computer, be exceptionally cautious when logging in
to your account so that others cannot view or capture your password
and other personal details.
Whether selected by you or issued by us, we may disable any
username, password or other means of identification at any time and
without notice, including: (A) if we think you have violated one of
these Terms of Use; or (B) to protect the safety of our services; or
(C) to protect the safety of others; or (D) to comply with the law.
Intellectual Property Rights
The Company or its licensors and other information providers
own the Website and all of its contents, features, and
functionality, and they are protected by domestic and foreign trade
secrets, trademarks, patents, copyrights, and other proprietary
rights laws.
During the Terms of Use, you are allowed to use the Website
only for personal, non-commercial purposes. You may not, except as
offered below, reproduce, distribute, adapt, translate, publish,
publicly perform, digitally store, download, save, or transmit any
of the material on our website.
- When you search and browse resources, copies of these
resources may be stored in your system RAM.
- Automatic caching of files in your Web browser is possible
to ensure a better presentation.
- You are only allowed to print a few pages of the site
material, which should be used personally and free of charge; you
can not copy, publish, or distribute it in any other form.
- You may download a single copy of any of our desktop,
mobile, or other programs to your computer or mobile device to use
in your own personal, non-commercial capacity, provided that you
agree to be bound by the terms of our end-user license agreement
covering such product.
- If we have incorporated social networking features into
some of our material, you are welcome to make use of those features
in the manner that sells them.
You ought not:
- Alter any duplications that you might have of the content
on this site.
- Use graphics, pictures, video clips, or any other images
other than text that they relate to.
- You are allowed to print only a few pages of the site
material, which should be used for personal non-commercial
purposes; you cannot copy, publish, or distribute it in any form.
- Notices of copyright, trademark, and other proprietary
rights must be removed or changed when the content on this website
is reproduced. You are not allowed to access or utilize any part of
the website, any services, or any materials made available there
for any commercial reason.
Your permission to use the website will be immediately
terminated if you copy, print, edit, download, or otherwise use or
grant access to any part of the website in violation of the Terms of
Use. Additionally, any copies of the contents you have created must
be returned or deleted at our discretion. No right, title, or
interest is granted to you in or to the Website or any information
contained there or derived from it; all rights not specifically
granted are retained by the Company. These Terms of Use are violated
by any use of the Website that contravenes these Terms of Use or any
copyright, trademark, or other law.
Trademarks
The company's name and logo, along with certain concepts, are
trademarks of the corporation, its affiliates, licensors, or other
third parties. Designs, slogans, logos, associated names, products,
and service names are all protected by trademark law. Using such
logos without the prior written consent of the company is
prohibited. This website's tagline, image, and any product and
service names are all property of their respective owners and cannot
be used without permission.
Section 11: LITIGATION AND DISPUTE RESOLUTION
Kindly peruse this part. It requires that any dispute be
handled by binding arbitration or small claims court, and it
prevents you from seeking a class action or other process in any
jurisdiction. Arbitration will be mandatory in case your residential
country, and this includes but is not limited to the United States,
upholds arbitration agreements. This means that, if you are not in
the United States and you try to make a claim in the United States,
arbitration must decide the following threshold question: whether
this section on dispute resolution applies to you, and all other
threshold questions, including questions of residency,
arbitrability, venue and applicable law. To the extent enforceable
by law, the requirements of pre-arbitration dispute resolution,
notification, and ban on class actions or representative proceedings
below apply to your country of residence, even if it does not
enforce arbitration agreements.
We will do everything to make the travelers pleased and deal
with consumer conflicts quickly and efficiently. Our dispute
resolution process has two step,s which are:
- researching and discussing your case with our Traveler
Support representatives, and when needed
- binding arbitration conducted under the auspices of the
American Arbitration Association ("AAA") or, in the case of
arbitrations conducted outside of the United States, a mutually
selected arbitral tribunal. You and I will reserve the right to
take relief in a small claims court instead of arbitration.
Agreement To Arbitrate ("Arbitration Agreement")
This covers any Claims you have against us, our subsidiaries,
Travel Providers, or other companies that offer products or services
via us (all of whom are parties to this Arbitration Agreement).
We are mutually agreeing that any controversy between us that
are arising out of or relating to our services, including our
Privacy Statements, any products/services that are offered by us all
or say through the Travel Providers, or organisations which offers
products/services through us, any interactions with our traveler
support agents or say any representation made by us in claims, will
be handled through the binding arbitrations instead of being handled
in court except those that can be handled in the small claim courts.
This incorporates any Claims you have against us, our
subsidiaries, Travel Providers, or other companies that offer
products or services under or within us (all of whom are parties to
this Arbitration Agreement).
Be aware that this Arbitration Agreement will be a step closer
to bind upon each other and it will encompass any claims that are
brought by or against any third parties that includes but is not
limited to your spouses, heirs, third-party benefactories and
allocated where their claims are made in connection with the use of
the Travel Services.
Any third-party beneficiary of these Terms who brings claims
against the parties covered by these Terms will be bound by this
Arbitration Agreement as well. All the threshold arbitrability
questions are also left to be decided by the arbitrator, including
whether the Arbitration Agreement exists, its scope, or whether it
is enforceable, unconscionable, or illusory, as well as any
arbitration defense, including jurisdiction, waiver, delay, laches,
or estoppel.
Small claims court issues
Despite the arbitration provisions above, either you or we may
pursue, or withdraw, any claim in small claims court2019; provided
that such court lacks the power to hear any claims on a class or
representative basis, and lacks the power to consolidate or join the
claims of other persons or parties who may be similarly situated in
the same proceeding. In addition, should the claim sought in any
demand of arbitration fall within the jurisdictional cap of the
small claims court, then you or we may, at any time before the
appointment of an arbitrator, or in accordance with the AAA rules,
by giving notice of such election in writing to the other party.
To the extent any third-party beneficiary of these Terms
brings claims against the parties covered by these Terms, this
Arbitration Agreement will apply to such claims as well. All of the
threshold arbitrability questions are also left to the arbitrator,
including whether the Arbitration Agreement exists, its scope, or
whether it is valid, any arbitration defense, including whether this
Arbitration Agreement can be enforced, is unconscionable, or
illusory, and any arbitration defenses, including jurisdiction,
waiver, delay, or laches.
There Will Be No Class Actions or Representative
Proceedings
You and we agree that any and all procedures to settle Claims
will be pursued individually, and not as a class, consolidated, or
representative action, including without limitation as a private
attorney general. The arbitrator cannot join claims of more than one
party or conduct any form of class or representative process. You
and I do hereby recognize that you are knowingly waiving your right
to a jury trial.
Arbitration Rules And Governing Law
This "written agreement to arbitrate" serves as proof of an
interstate commerce transaction. All substantive and procedural
interpretation and execution of this clause are governed by the
Federal Arbitration Act ("FAA"). Unless otherwise noted, AAA shall
operate the arbitration in line with its Consumer Arbitration Rules
or any other AAA arbitration rules that it deems applicable at the
time (collectively, the "AAA Rules"). The website
http://www.adr.org/www.adr.org has the AAA Rules. Notwithstanding
conflict of laws rules, the arbitrator will apply Washington law,
with the exception that any arbitration-related provisions are
governed by the FAA. Foreign laws are not relevant. Only a written
agreement between the parties may change this arbitration agreement.
You may start arbitration procedures if we are unable to
resolve your filed complaint within the allotted 60 days. Be aware
that the pre-arbitration resolution and notification process is a
set of requirements that must be met before the arbitration can
start. Until the Pre-Arbitration Dispute Resolution and
Notifications procedures are met, AAA lacks the ability to
administer or decide the claims.
As long as the parties engage in the dispute resolution
procedure mandated by this Section, the statute of limitations will
be tolled.
Arbitration Commencement
According to the AAA Rules, you must submit the Demand to the
AAA in order for arbitration to start. A Demand for Arbitration form
is available from the AAA.
A single arbitrator chosen in line with the AAA Rules or by
mutual consent between you and us will preside over the arbitration.
The arbitration will take place at one of the following locations:
(i) a location chosen by AAA in accordance with the AAA Rules (as
long as it is reasonably convenient for you and does not require
travel more than 100 miles from your home or place of business);
(ii) at another location that you and we agree upon; (iii) via
videoconference; or (iv) at your election, if you assert the only
claims in the arbitration and they total less than $40,000 in
aggregate, by telephone or written submission.
Lawyers' Expenses and Outlays
The AAA Rules will apply to your arbitration fees and to your
portion of arbitrator fees, and where applicable, be restricted by
the AAA Consumer Rules. To commence the arbitration, both parties
will pay the filing fees to the AAA, which is roughly the same as
the present court filing fees. We will also pay, in connection with
the arbitration, as much of your filing and hearing fees as the
arbitrator finds necessary to make the arbitration not
cost-prohibitive relative to the costs of litigation, whether or not
you prevail in the arbitration, unless the arbitrator finds that
your claim(s) were frivolous or brought in bad faith. Any of the
parties can request the arbitrator to pay attorneys fees and costs
when it proves that the other party has asserted a claim,
cross-claim, or defense that is without factual or legal basis,
brought in bad faith or to harass, or otherwise frivolous as
provided by the applicable law and the AAA Rules.
Arbitrator's decision
Arbitration proceeds in the absence of a judge or a jury, and
the court has limited powers to examine an arbitration decision
under the FAA. In his or her decision, the arbitrator will always
have significant findings and conclusions that lead to the award.
The arbitral verdict can be judgment-entered in any court that has
appropriate jurisdiction. The arbitrator shall grant such relief as
is allowed by law or the AAA Rules; however, declaratory or
injunctive relief can be awarded only on an individual basis and to
the extent necessary to provide relief deserved by the claimant with
respect to his or her specific claim.
Survival and Severability
In the event that any part of this Disputes and Arbitration
Provision is determined to be unenforceable or unlawful for any
reason, (1) that portion will be removed, and the remaining portion
of the Provision will be fully enforceable; and (2) if any claims
must proceed on a class, collective, consolidated, or representative
basis, they must be litigated in a civil court of competent
jurisdiction rather than in arbitration, and the parties agree that
the litigation of those claims will be halted until the arbitration
of any individual claims.
Support for Travelers and Complaint Resolution
If you have any questions or concerns about your reservation,
we are available to assist you.
For answers to commonly asked questions or to contact us via
our chat function, visit our Support page
https://www.ca.lowtickets.com/helpcenter/?currency=USD&langid=1033&siteid=1
Section 12: GENERAL
Jurisdiction and governing law: The Federal
Arbitration Act, federal arbitration law, and Washington state law,
without reference to conflict of laws principles, control these
terms.
Travel Insurance
Travel insurance is not included in the rates listed unless
otherwise noted. Insurance that covers the consequences of specific
cancellations and risks (such as the cost of repatriation in the
event of an accident or illness) is something you should have. It is
your responsibility to make sure that any insurance coverage you buy
adequately suits your needs. You can be presented with a variety of
travel insurance options. If this is the case, our service will show
the insurance provider's details along with the terms and conditions
and other important information.
Inability to Invoke
We retain the right to enforce any of these Terms' provisions
in the future, even if we fail to do so or take too long to do so.
Non-enforceable clauses
If a court or other competent authority finds any portion of
these Terms to be unlawful, unenforceable, or invalid, then that
part of these Terms will, if necessary, be deemed not to be part of
these Terms with you. In this situation, the other provisions'
enforceability and validity will remain unaffected.
Entire agreement
These Terms are the whole agreement between you and us
regarding our Service. They replace all previous or simultaneous
communications (electronic, oral or written) between you and us
regarding our Service.
Assignment
We can, and you cannot, assign, subcontract, or delegate
rights, duties, or obligations under these Terms. We will not do
this, however, in a manner that limits any of your rights or
guarantees under these Terms.
Third-party rights
Except as specifically provided in these Terms, we do not
intend that any portion of these Terms shall be binding on any
person not a party to these Terms. Waiver, variation, or termination
of any of these Terms shall not require the consent of any third
party. These Terms do not create any rights under any relevant laws
and regulations regarding the rights of third parties to enforce any
of these Terms.
Obligations survival
Any of these Terms that by nature or expressly continue to
place obligations following their expiration or termination will
survive following such expiration or termination.