Western Air Limited Legal

 

Westernairbahamas.com (R) Website Terms, Conditions, and Notices

 

Last modified: May 6th, 2018

Thank you for visiting westernairbahamas.com. By accessing and using this site you agree to the following terms and conditions (hereafter 'terms'). If it is not your intention to be legally bound by the terms and conditions outlined in this notice, please do not access or take use of the site. This agreement applies solely to the online services, information and facilities provided by Western Air Limited (hereafter “Western Air”). These facilities are intended solely for the non-commercial use of Western Air’s online visitors. Western Air reserves the right, at its discretion, to make changes to the terms at any time without notice or liability, after which your continued use of the site shall constitute acceptance of such changes. Please review this document periodically for changes. Western Air further reserves the right in its sole and unfettered discretion to deny access to the site at any time. The headings in this agreement are provided solely for convenience and impose no limitations on the terms contained herein.

 

Disclaimer of Liability

The information contained in this site has been prepared specifically for providing information about Western Air and the products and services that it offers, as well as the services of other airlines, car rental agencies and related third parties. Western Air has made every attempt to ensure that information contained in this site is accurate; however, no warranty is given as to the completeness or accuracy of the same. Users should be aware that the site may contain errors, may be incomplete, or may have become outdated. Consequently, users should verify information obtained via the site before acting upon it by contacting a local Western Air office. The site content is subject to change without notice or liability.

Western Air disclaims all liability for communications malfunctions or system limitations that may be experienced during the use of the site. Users must be aware that site functionality is largely dependent on numerous computer systems, methods of connectivity, and networks, many of which are outside of Western Air’s direct control. The systems may become dysfunctional, unreliable, corrupted by fraud or viruses, or may otherwise result in the presentation of erroneous information. Western Air makes no warranty in respect of such circumstances. Users should also be aware that certain requests might not be processed even though the system is fully functional. These may include, but are not limited to, pricing of itineraries or low fare searches. In the event of such circumstances, regardless of fault or causation, Western Air shall not be liable for any damages that may arise and is under no obligation to facilitate the processing of the user’s request, inclusive of applying Internet promotional fares offline to the user. 


Western Air occasionally enters agreements with third parties in order to give our customers access to special services and deals offered by the third party. You will not be deemed to have violated this agreement if you act in accordance with the terms and conditions outlined by the third party. Information contained in this site does not contain an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. 


ACCESS AND USE OF THIS SITE IS GRANTED AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED 'AS IS' AND WITHOUT ANY WARRANTY OR REPRESENTATION BY ANY OTHER PROVIDERS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR IMPLIED TERMS OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT. WESTERN AIR AND OTHER PROVIDERS ALSO DISCLAIM ANY WARRANTY THAT THE SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED AND ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, USEFULNESS AND TIMELINESS OF ANY INFORMATION PROVIDED ON THIS SITE. BY ACCESSING THIS SITE YOU AGREE THAT WESTERN AIR, OTHER PROVIDERS AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DAMAGE (WHETHER CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR CONNECTED WITH:

(1) THE USE OF THE INFORMATION ON THIS SITE;

(2) REGISTRATION IN OR RECEIVING E-MAIL FROM WESTERN AIR’S ONLINE BOOKING, FREQUENT FLYER OR SPECIAL PROMOTION SERVICES;

 

OR

 

(3) THE PERFORMANCE OR NON-PERFORMANCE OF WESTERN AIR OR A PROVIDER, EVEN IF WESTERN AIR OR A PROVIDER WAS GIVEN

 

ACTUAL OR CONSTRUCTIVE NOTICE OF THE POSSIBILITY OF DAMAGES.

The above limitations apply to the full extent permitted by law.

Site monitoring and privacy

Western Air is under no obligation to monitor the information provided by or transmitted to this site or to act in response to any communications received concerning this site. Users of the site agree that Western Air will periodically monitor the site content in compliance with laws, regulations or governmental requirements, or to protect itself as well as its users. Except as indicated in the site’s privacy policy, all information provided to Western Air, including all communications sent to us by e-mail or otherwise, via this web site shall be deemed non-confidential and Western Air is under no obligation to guard such information against disclosure.

Use of the booking site

 

Western Air's Online Reservations offers users the facility to make travel arrangements online as well as to determine the overall availability of travel services. Some travel will require a valid passport and visa, as well as governmental requirements. All credit card transactions may be subject to proof of card ownership upon check-in. The user is solely responsible for compliance with these requirements. A registered online member warrants that:

 

(1) He or she is at least the age of majority in the jurisdiction in which the site is being used

 

(2) He or she has legal rights and aptitude to use this site within the boundaries outlined in this statement

 

(3) Western Air is authorized to send e-mails periodically regarding products and services or promotional offers to the e-mail address he or she specifies. It is the member’s sole responsibility to ensure that e-mails sent to the specified e-mail address are deliverable, and any change of e-mail address must be promptly updated in the user profile.

 

(4) Western Air is under no obligation to respond to incoming e-mails irrespective of the content.

 

(5) All information associated with his or her username is true and accurate. The member must ensure that this information is kept current, accurate and complete.

 

(6) He or she will maintain the confidentiality of his or her password. Western Air shall not be liable for any disclosure of your personal information resulting from a breach of this clause.

 

(7) He or she will not convey or sublicense his or her rights in accordance with these terms.

The registered user is responsible for the use or misuse of his username and password. Each user consents to using the site only for legitimate travel-related requests or purchases in compliance with these terms, and only for himself or herself, or on behalf of another person for whom he or she is authorized to act, in which case the registered user remains responsible for use of the site. The site should be used for no other purpose. Without limitation, users shall not make any false, speculative or fraudulent reservation, or reservation in anticipation of demand, or any requests on behalf of others for any financial or other benefit. If Western Air perceives that a user has made multiple reservations and/or false reservations or reservations in anticipation of demand on the same date, then Western Air reserves the right to cancel all confirmed space associated with such reservations without notice to the passenger or user making the booking. Western Air or other law enforcement authority may use any available information or technology to identify offenders. Abuse of the Western Air booking site may result in the user being denied access. In addition, Western Air may suspend or terminate a user’s membership without notice if:

 

(1) Western Air perceives that his or her membership information is being, has been or may be used by a third party in breach of this agreement, government regulations or Western Air conditions of carriage, in a manner that may result in loss to Western Air, its providers or to the registered user.

 

(2) Western Air is unable to deliver e-mails to the address specified by the user. The user shall not be eligible for any retroactive benefits during the period of his or her suspension.

 

Itinerary changes and cancellations

Users will not be able to cancel or make modifications to their itinerary online. Such changes can only be made by contacting a local Western Air ticket office.

Ticket Delivery

Paper tickets delivered by express mail will only be delivered to the billing address of the credit card holder. Electronic tickets should be emailed within 24 hours, if not please email info@westernairbahamas.com.

 

Intellectual Property

Western Air and its affiliates have copyright interests in the contents of this site. Persons may copy any portion of the material presented in this site, provided the material is used for private or non-commercial purposes. Any such derivative work must retain the original copyright or other intellectual property notice. Site contents shall not be reproduced, published, distributed or broadcast to any third party by any means without the prior written approval of Western Air except as is expressly authorized in this agreement.

 

Fares, Taxes and Fees

The base currency for all fares, taxes and fees will be US dollars. Some governments may impose and collect additional taxes at the airport that are not included in the quoted fare. Certain fares may require compliance with restrictions. Users are strongly advised to view all restrictions associated with itineraries before completing reservation requests. The completion of your request signifies your compliance with all applicable restrictions.

 

Conditions of Carriage

Western Air Conditions of Carriage will govern the carriage of passengers, baggage and cargo by air and may be seen on request by contacting an Western Air ticket office.

 

Miscellaneous Terms

Any right not declared herein by Western Air does not relinquish our right to assert the same at any time in the future. Further, if any clause of this agreement is found to be invalid, then the invalid portion shall be rendered void without impacting on the validity of any other clause.

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