Website Terms of Use, Conditions, and Notices

Terms used in this Agreement

The terms "we", "us", "our" and ”Smarter Travel Media” and “TINGO” refer to Smarter Travel Media LLC, and/or our brands, businesses, subsidiaries and corporate affiliates, including “TINGO"). The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this TINGO Website, or through our customer service agents.

Purpose of this Website

This Website is provided solely to assist you to gather travel information, determine the availability of travel-related goods and services, make legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.

This Website is offered to you conditional upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by this Agreement. To the extent you book any travel-related products or services on this Website through call center agents, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website.

Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

Use of the Website

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Prohibited activities

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, perform, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website, excluding limited non-commercial sharing of your travel plans with your friends and acquaintances via social media. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  8. Commit any other types of fraudulent, misleading or illegal activities

Supplier rules and restrictions

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services.

You acknowledge that some suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

You understand and agree that TINGO facilities bookings and transactions through its online travel agency partners.

Privacy policy

Please review our current Privacy Policy, which also governs your use of this Website, to understand our practices.

Prices

You acknowledge that the authorities in certain countries may impose certain additional taxes (tourist tax, etc), which have to be paid locally. You are exclusively responsible for paying such additional taxes.

You acknowledge that, except as provided below with respect to tax obligations on our services, we do not collect taxes for remittance to applicable taxing authorities. The hotel suppliers invoice us, including, where appropriate, tax amounts. The hotel suppliers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the hotel supplier for taxes due on the rental of the room. They do not represent a collection of taxes from you for us to remit to the applicable tax authorities. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.

Taxability and the appropriate tax rate vary greatly by location.

Sales and local hotel occupancy taxes are imposed on the amounts that we charge for our services in the states of New York and South Carolina. For hotel stays in New York State, but outside of New York City, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay. The terms herein may be amended to address changes in sales and local hotel occupancy taxes and regulations in other states, towns, and municipalities.

Prepaid hotel reservations

TINGO and its online travel agency booking partners pre-negotiate certain room rates with hotels. You authorize TINGO (through its partners) to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges and service fees. You agree that your credit card will be charged by TINGO for the total reservation price.

You may cancel your prepaid hotel reservation, and you will be charged for any cancellation fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (often 24 to 72 hours prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout. However, the decision to refund is ultimately made by the hotel, not TINGO, and they may not be under any obligation to do so. Changing the dates, room types, or number of guests for a hotel reservation will require that your room be cancelled and re-booked at the best available rate, and any applicable cancellation penalties for your original reservation may be assessed in accordance with each individual hotel’s policy.

You agree to pay any cancellation or change fees that you incur. In limited cases, some reservations cannot be changed or cancelled after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.

Travel destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their government prior to booking travel, particularly when traveling to international destinations.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, TINGO AND ITS SUBSIDIARIES AND CORPORATE AFFILIATES (“THE TINGO GROUP COMPANIES") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHO PROMOTE THE TRAVEL PRODUCTS AND SERVICES (COLLECTIVELY, THE "TINGO AFFILIATES") AND THEIR ONLINE TRAVEL AGENCY PARTNERS DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE TINGO GROUP COMPANIES AND THE TINGO AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. TINGOGROUP COMPANIES, THE TINGO AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. TINGOGROUP COMPANIES, THE TINGO AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

TINGO GROUP COMPANIES, TINGO AFFILIATES, AND THEIR RESPECTIVE ONLINE TRAVEL AGENCY PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE TINGO GROUP COMPANIES OR THE TINGO AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TINGO GROUP COMPANIES, THE TINGO AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE TINGO GROUP COMPANIES, TINGO AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TINGO GROUP COMPANIES, THE TINGO AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE AIR CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TINGO GROUP COMPANIES OR THE TINGO AFFILIATES AND THE TINGO GROUP COMPANIES AND THE TINGO AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE TINGO GROUP COMPANIES AND THE TINGO AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL THE TINGO GROUP COMPANIES, THE TINGO AFFILIATES , AND/OR THEIR RESPECTIVE ONLINE TRAVEL AGENCIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE TINGO GROUP COMPANIES, THE TINGO AFFILIATES AND/OR THEIR RESPECTIVE ONLINE TRAVEL AGENCIES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, the TINGO Group Companies, the TINGO Affiliates or their respective online travel agencies or suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the TINGO Group Companies, the TINGO Affiliates and/or their respective online travel agencies or suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to TINGO or the TINGO Group Companies in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the TINGO Group Companies, the TINGO Affiliates, and/or their respective online travel agencies or suppliers.

Indemnification

You agree to defend and indemnify the TINGO Group Companies, the TINGO Affiliates, and/or their respective online travel agencies or suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of this Agreement or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.

Linked to third-party sites

This Website may contain hyperlinks to websites operated by parties other than the TINGO Group Companies. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is for you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software available on this website

Any software that is made available to download from this Website ("Software") is the copyrighted work of the TINGO Group Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the TINGO Group Companies, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Copyright and Trademark notices

All contents of this Website are: ©2012 TINGO. All rights reserved. TINGO is not responsible for content on websites operated by parties other than TINGO. "TINGO" is a trademark of Smarter Travel Media, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us at support@tingo.com.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by any of the following methods: email to support@tingo.com by mail to the address below, or by facsimile to the number below:

Smarter Travel Media, LLC
Attn: Counsel
500 Rutherford Avenue, Charlestown, MA 02129

Facsimile: (617) 670-6304 (Attn: Legal Counsel)

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

General

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and any of the TINGO Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. TINGO is not responsible for any inaccuracies in the photos.

Tingo is a hotel booking site that gives travelers automatic refunds if the total price of their ‘Money Back’ qualifying hotel reservation drops after they book. For further details, please read the FAQ, How it Works, About Us, and Press Center pages on TINGO.com.

Any rights not expressly granted herein are reserved.

Seller of Travel

TINGO’s supplier Travelscape LLC is a registered seller of travel in each of the states listed below:

  • California registration number: 2083930-50
  • Florida registration number: ST-36407
  • Iowa registration number: 677
  • Nevada registration number: 20020759
  • Washington registration number: 602-617-174

TINGO’s supplier EAN.com LP is a registered seller of travel in each of the states listed below:

  • California registration number: 2083957-50
  • Florida registration number: ST-36671
  • Iowa registration number: 865
  • Nevada registration number: 20070016

Registration as a seller of travel in California does not constitute the state's approval.

You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in Nevada for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction.

To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry in the State of Nevada at the following locations:

Southern Nevada:
1850 East Sahara Avenue
Suite 101
Las Vegas, Nevada 89104

Phone: (702) 486-7355
Fax: (702) 486-7371
ncad@fyiconsumer.org

Northern Nevada:
4600 Kietzke Lane
Building B, Suite 113
Reno, Nevada 89502

Phone: (775) 688-1800
Fax: (775) 688-1803

New York State Tax Registration:

Our New York sales tax vendor registration number through Travelscape is 880392667 and New York City hotel occupancy tax registration number through Travelscape is 033960.

Please click here for additional information:
New York State Certificate of Authority
New York City Certificate of Authority

February 9, 2012

©2012 TINGO.COM. All rights reserved