TERMS AND CONDITIONS
SITE USER AGREEMENT
Kevin's Travel Agency and www.newlinevacations.com site user agreement
Terms of site use:
Welcome to the NEWLINEVACATIONS.COM website (the "Website"). This site Domain Name is property of Kevin's Travel Agency. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel—related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", “Kevin's Travel Agency HQ” refer to Kevin's Travel Agency., a McAllen, Texas Travel Agency.“Kevin's Travel Agency Partner” means any co-branded and/or linked website through which we provide links, content or service. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website www.newlinevacations.com , or through our customer service agents.
Newlinevacatons.com is intended exclusively for your personal and noncommercial use. The content and data (including information relating to the pricing and availability of travel), as well as the website infrastructure used to provide such content and information, is proprietary to Kevin's Travel Agency. As a condition of using newlinevacations.com , you agree not to use its contents or information for any commercial or non-personal purpose. You may not commit any of the following acts either directly or indirectly:
Use any automatic device or manual process to copy or monitor content of the site.
Use newlinevacations.com or any of its Partners' sites to make illegitimate or illegal reservations or purchases.
Use or access newlinevacations.com in any way that, in the opinion of Kevin's Travel Agency, has a negative affect on the performance or function of the site, or any other computer systems or networks used by Kevin's Travel Agency.
Attempt to upload or transmit to newlinevacations.com or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of newlinevacations.com and any of its Partners' site, or take any action that imposes an unreasonable load on our computer equipment.
PREPAID HOTEL RESERVATIONS AND VACATION PACKAGES
You acknowledge that Kevin's Travel Agency and its Partners pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that Kevin's Travel Agency provide you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Kevin's Travel Agency and the web site www.newlinevacations.com and the facilitation fee retained by Kevin's Travel Agency for their services. You authorize Kevin's Travel Agency to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on Kevin's Travel Agency's services.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services,Kevin's Travel Agency does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Kevin's Travel Agency or its Partners pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Kevin's Travel Agency for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Kevin's Travel Agency does not act as co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Kevin's Travel Agency and Partners 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 service fees as additional compensation in servicing your travel reservation. Service fees retained by Kevin's Travel Agency for its services vary based on the amount and type of hotel reservation and Vacation Package. Kevin's Travel Agency Service Fees and Commission from Partners or Supplier are totally NON-REFUNDABLE.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation, flight, activity or any other element included in your itinerary. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to 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.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Kevin's Travel Agency for your hotel booking.
Kevin's Travel Agency user ID and password :
Access to select parts of newlinevacations.com is only available to registered users of the site. To become registered for Kevin's Travel Agency Member Portal, you are required to answer a limited number of mandatory questions. At times, there are additional questions, answers to those questions is optional. By submitting information, you guarantee that all information you supply to us is true and accurate.
Kevin's Travel Agency, at our sole discretion, may terminate or restrict your access to all or any component of newlinevacations.com at any time, regardless of if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of newlinevacations.com. If you continue to access the site after such termination, your use shall constitute an act of trespass.
Any cosmetic or functional part of newlinevacations.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.
Privacy and security :
Intellectual property rights :
All material contained on the newlinevacations.com site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the newlinevacations.com site and any and all intellectual property rights associated therewith are exclusively owned by Kevin's Travel Agency. User will not contest the validity of any trademark or Kevin's Travel Agency exclusive ownership of it.
User assumes the sole risk of making use of and/or relying on the information or services, made available by Kevin's Travel Agency. Kevin's Travel Agency makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the newlinevacations.com site for any purpose. Kevin's Travel Agency does not warrant that the newlinevacations.com site will meet all of user's requirements or that performance of the newlinevacations.com site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the newlinevacations.com site. All such information or services are provided "as is" without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.
Kevin's Travel Agency may make modifications and/or changes to the newlinevacations.com site at any time, for any reason.
In no event shall Kevin's Travel Agency be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the newlinevacations.com site or with the delay or inability to use the newlinevacations.com site, or for any information or services offered or available (or not available) through the newlinevacations.com site, or otherwise arising out of the utilization of the newlinevacations.com site, whether based in contract, tort, strict liability, or otherwise, even if Kevin's Travel Agency has been advised of the possibility of damages.
In the event that the foregoing limitations are not enforceable, Kevin's Travel Agency's liability incurred in connection with this agreement shall not exceed the amount of payments received by Kevin's Travel Agency from user.
User shall defend, hold harmless and indemnify Kevin's Travel Agency for any damages awarded pursuant to any third party claim brought against Kevin's Travel Agency and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively "indemnified parties"), which would constitute a breach of any warranty, representation or covenant made by user under this agreement; provided that the indemnified parties notifies user in writing of any such claim and tenders the control of the defense and settlement of any such claim to user at user's expense and with user's choice of counsel. The indemnified parties shall cooperate with user, at user's expense, in defending or settling such claim. User will not enter into any settlement or compromise of any such claim without the indemnified parties' prior consent, which shall not be unreasonably withheld.
This agreement has been made in and will be construed and enforced in accordance with Texas Law (Hidalgo County). Any action will be brought in the courts of Texas (Hidalgo County), and all parties to this agreement expressly agree to be subject to the jurisdiction of such courts.
Failure to insist on strict performance of any of the terms and conditions of this agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Kevin's Travel Agency of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Relationship between the parties
No joint venture, partnership, employment, franchise, or agency relationship exists between user and Kevin's Travel Agency as a result of this agreement or user's utilization of the newlinevacations.com site.
This agreement represents the entire agreement between user and Kevin's Travel Agency with respect the use of the newlinevacations.com site. Any rights not expressly granted herein are reserved.
User may not assign its rights or delegate its obligations under this agreement without Kevin's Travel Agency prior written consent.
Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section.
If to company, the notice shall be addressed to:
KEVIN'S TRAVEL AGENCY
407 W NOLANA AVE. SUITE 10
MCALLEN, TEXAS 78504
Attention: General Counsel