IMPORTANT NOTE: The following Terms of Service apply only to: i) subscribers to Lola.com that have entered into a business travel services agreement directly with American Express Global Business Travel which does not reference Lola.com or Lola Travel Company (a “GBT Client”); and ii) any user authorized to use Lola.com by a GBT Client (a “GBT Client User”). Those who are neither a GBT Client nor a GBT Client User are subject to the Lola Terms of Service available at http://www.lola.com/terms.
Effective as of November 13, 2018
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
You acknowledge that these terms include disclaimer of warranties, damage and remedy exclusions and limitations.
Additionally, SECTION 19 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER AND NEW YORK JURISDICTION. THIS SECTION AFFECTS YOUR RIGHTS RELATING TO RESOLVING DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
In order to use Lola.com, you need to have the power to enter into a binding contract with us. You represent and warrant that any registration information that you submit to us is true, accurate and complete, and you agree to immediately notify us if any information is inaccurate. Your use of Lola.com is also subject to your standard phone and/or internet fees for data, messaging, and any other limits or fees imposed by your carrier.
Neither we nor GBT are responsible for the acts or omissions of airlines, lodging providers, car rental companies, tour operators, ground operators or any other suppliers of travel services or their subcontractors or their failure to provide services, adhere to their own schedules or honor their contracts. Further, the suppliers of such travel services may impose additional terms and conditions, and may have their own requirements with respect to data privacy. Details, amenities and photographs of lodging and other trip details provided to you by our agents come directly from the suppliers or their subcontractors and we are not responsible for any errors or misrepresentations included therein.
We may assist you with online check-in for flights that you have booked through us, but are under no obligation to do so. If we check you in to your flight, you are responsible for ensuring your compliance with the terms of carriage and any other applicable rules, terms and conditions set forth by the airline with which you are flying. Each airline has its own requirements with respect to luggage allowances and restrictions, as well as requirements regarding how early your bags must be checked or how early you must arrive at your boarding gate. Please visit the applicable airline’s website for specific details.
TRANSPORTATION OF HAZARDOUS MATERIALS
Federal law forbids the carriage of hazardous materials onboard aircraft, whether in your luggage or on your person. A violation can result in 5 years’ imprisonment and penalties of $250,000 or more (49 USC 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. You acknowledge acceptance of this hazardous material restriction on baggage. For more information on prohibited items and other packing restrictions, visit https://www.tsa.gov/travel/security-screening/prohibited-items and https://www.faa.gov/travelers/prepare_fly/.
Neither we nor GBT accept any responsibility for your compliance with any applicable laws, nor for your compliance with any restrictions set forth by the Transportation Security Administration, the Federal Aviation Administration or the individual airlines. We and GBT also disclaim all responsibility for any issues with seat assignments.
NEITHER WE NOR GBT REPRESENT OR WARRANT THAT TRAVEL TO YOUR SELECTED DESTINATION IS ADVISABLE OR WITHOUT RISK, AND NEITHER WE NOR GBT ARE LIABLE FOR DAMAGES, PERSONAL INJURY, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Visit your country of residence’s website to find out the foreign requirements for entry into your destination country. International travel may require a passport that is valid for 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements of your destination(s) and your connecting points, and all conditions regarding health, safety, security, political stability and labor or civil unrest at such destination(s).
5. Refunds & Cancellations
For the avoidance of doubt, you or your Company are responsible for all change and cancellation fees associated with any booking that you make through us, including any third-party processing fees, and we will pass such fees on to you or your Company. Additional details about specific bookings are found below.
We or GBT may charge you or your Company agent service fees for certain bookings, and will inform you or your Company of any such fees before you or your Company are charged. Agent service fees are non-refundable.
Some airlines allow you to cancel or change your reservation, but may charge a change fee. Fees vary by airline, market and specific fare rules, and may be US$150 or more for domestic tickets and US$200 or more for international tickets, in addition to any difference in fares between the original flight and the new flight. In the event that an airline does allow for cancellation, airlines usually deduct US$150 or more for domestic tickets and US$200 or more for international tickets before determining the amount, if any, that can be applied towards future travel. In the event of change or cancellation fees, you or your Company are responsible for such fees or deductions, and we or GBT will make you or your Company aware of them, as applicable. Please contact the airline for the refund and cancellation policies specific to your airfare.
Some hotels allow you to cancel or change your reservation with advance notice, often at least 48 hours before your reservation. Some hotels may charge you or your Company a fee or not refund any prepaid fees, and in such cases, you or your Company are responsible for such fees and we or GBT will make you or your Company aware of them, as applicable.
Please review your itinerary for the refund and cancellation policies specific to your hotel(s).
For your protection, you may purchase trip cancellation and travel accident insurance. No representation or description of the insurance made by our or GBT’s staff constitutes a binding assurance or promise about the insurance.
It is solely your responsibility to determine the applicability of any pre-existing car insurance coverage that you may have. Car rental suppliers offer several insurance alternatives as incremental and completely distinct transactions at the time of pick-up. In some countries, this insurance may be mandatory, and the cost of such insurance could exceed the car rental price.
As soon as you receive your booked itinerary, check it thoroughly to make sure it is complete and accurate. Neither we nor GBT are responsible for losses and inconveniences arising from your failure to check your itinerary. If your flight is delayed for any reason, the airlines are not required by law to pay for your en route expenses, such as meals, hotels, taxes and phone calls. It is recommended that you re-check exact flight times prior to your departure and prior to your return.
If you make a purchase in Lola.com using a credit or debit card denominated in a different currency, please be aware that, due to the constant fluctuation in exchange rates, the charge to your card (or the estimated charge amount displayed to you) may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement.
Certain areas of Lola.com may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. This may include identifying your Company. If you elect not to provide such information, you may not be able to access certain content or features.
If you are the individual at your Company that establishes your Company in Lola.com and therefore enrolls as an “Admin” user, you represent and warrant that the information you provide in Lola.com about your Company is accurate and complete (including, without limitation, the number of employees of your Company) and that you are duly authorized by your Company to establish your Company on Lola.com.
Lola.com may give you the ability to share your profile with other users that have accounts associated with your Company. If you elect to share your profile with such other users, you understand and agree that information you provide to Lola.com or that is otherwise collected in connection with your use of Lola.com (including, without limitation, all booking and travel information) will be accessible by such other users. You expressly authorize any individual designated as a “Admin” for your Company to complete, update, and modify bookings on your behalf. You also expressly authorize any individual with whom you have elected to share your profile to complete, update, and modify bookings on your behalf.
If you enroll as an “Admin” user, you warrant that you are authorized by your Company to act as administrative user in Lola.com on behalf of your Company. As an Admin user, you further represent and warrant that all bookings made on behalf of a third party are authorized. All Admins agree that their administrative privileges and Admin status may be revoked by Lola.com at any time, with or without cause.
If Lola.com requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to ensure that your registration data is current, complete and accurate. It is your responsibility to maintain the confidentiality of your login credentials, password, and account, including maintaining the physical security of your devices. If Lola.com permits you to login using your device’s fingerprint sensor, only enable such a feature if the device is your own personal device. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, all transactions and other activities undertaken with your device, or stored payment card, whether authorized or unauthorized. You agree to notify us and GBT immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides your access to Lola.com. We and GBT are not liable for any loss that may occur as a result of someone else using your password or account.
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You warrant that you will not utilize Lola.com or otherwise direct Lola.com to complete any booking that would violate the terms of carriage of any airline or violate the terms, conditions, booking requirements, or other policies of any hotel, airline, travel insurance company, or other travel provider. Without limiting your liability hereunder, Lola.com or GBT shall have the right, in its sole discretion, to decline any order or to complete any booking requested by you or on your behalf. You agree that you will not, and will not permit or encourage anyone else, to use Lola.com in excess of the services capacity and usage parameters set forth by Lola.com from time to time.
You represent and warrant that any credit card information that you submit in Lola.com is true, accurate and complete, and you agree to immediately notify us and GBT pursuant to the BTSA if any information is inaccurate. You may update your credit card information through your account settings.
When you make a purchase in Lola.com using a credit card, you authorize us and GBT to charge your credit card at the time you make the purchase. We reserve the right to suspend your access to Lola.com if we determine that any credit card information you submitted is not accurate or current. We may use a third-party credit card processing company to process and charge your credit card and by providing us your credit card information, you acknowledge that we may share such information with the third-party credit card processing company for billing purposes. You are solely responsible for any and all fees charged to your credit card by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. In connection with your credit card transactions in Lola.com, we maintain applicable security requirements of the Payment Card Industry Data Security Standard (PCI DSS).
You understand that certain offers, services, and features that may be available on Lola.com may be subject to additional specific terms and conditions, including terms and conditions provided by third parties. For example, expense management integration and certain offers may only be available if you agree to third party terms and conditions. In the event of any conflict between this Agreement and any such specific terms and conditions, such specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website versions of Lola.com and not on the mobile app versions of Lola.com, and vice versa.
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as "point-beyond," "hidden-city" or "back-to-back" tickets. You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore neither we nor GBT guarantee that the airline will honor your ticket(s). You agree to indemnify us and GBT against airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
A number of taxes, governmental fees, tax recovery charges and service fees may apply to your transactions in Lola.com. Travel suppliers such as hotels, car rental companies and local tour operators may charge extra fees and taxes as permitted by local law. Information about such charges may not always be available to us or GBT when your reservations are made, and neither we nor GBT are responsible for informing you about such charges.
The prices displayed for airfare in Lola.com are inclusive of all taxes, governmental fees and other mandatory charges. However, remember that you may incur other flight-related charges that are not payable to us or GBT and are not included in the quoted price, such as airline baggage fees and other charges for optional airline services.
Hotels are offered in Lola.com through two different models. The first is the "postpaid" model (also known as the "published rate" or "traditional agency" model), where you book a room in Lola.com at published rates and you pay for that room, plus any applicable estimated taxes, governmental fees and other charges directly to the hotel at check-out. The second model is the "prepaid" model (also known as the "net rate" or "merchant" model), where payment is collected from you up front in Lola.com for the hotel room, plus any applicable estimated taxes, governmental fees and other charges and then funds are transmitted to the hotel. In both models, Travelscape, LLC, VacationSpot SL or other third-parties may at times be treated as the supplier of the hotels for purposes of tax collection in certain jurisdictions.
Also remember that you may incur other charges during your stay that are not payable to us or GBT and are not included in the quoted price, such as extra-person or extra-bed charges, resort fees, gratuities, hotel energy surcharges, parking fees, telephone fees, room service, movies, mini-bar and incidentals.
Amounts displayed in the "Taxes & Fees" line for prepaid car rentals represent the amount of taxes, governmental fees and other charges payable by you directly to the car rental agency when you return your rental car. In the case of car suppliers that do not provide prepaid information, these taxes, governmental fees and other charges are calculated and displayed to you prior to the completion of your reservation. Also remember that you may incur other charges in connection with your car rental that are not payable to us or GBT and are not included in the quoted price, such as insurance, gasoline and charges for optional equipment.
Information regarding taxes, governmental fees and other charges on any travel-related transactions not discussed above will be calculated and displayed to you prior to the completion of the booking process.
You agree to abide by our user guidelines and to not use Lola.com in any manner not expressly permitted by this Agreement. Failure to do so may result in suspension or termination of your account in Lola.com.
We own all right, title and license in and to Lola.com and grant you a limited, revocable, non-exclusive, non-transferable license to download and use Lola.com for your personal use in accordance with this Agreement. Except as expressly permitted by us, you agree that you will not sublicense, resell, rent, reverse-engineer, modify or otherwise make derivative works of, assign, distribute or otherwise commercially exploit Lola.com or any part thereof. All rights not expressly granted to you are reserved by us. This license shall automatically expire upon termination of this Agreement.
You grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license to use and/or incorporate into Lola.com any feedback, suggestions and/or recommendations you provide to us.
We will make reasonable efforts to keep Lola.com operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Lola.com, with or without notice, all without liability to you for any interruption, modification or discontinuation of Lola.com or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade or update Lola.com or to provide all or any specific content in Lola.com.
15.1 Termination by You
You may cancel your Lola.com account at any time, for any reason or no reason, by emailing us at email@example.com or by opening a chat within the Lola.com’s platforms and requesting cancellation. Upon cancellation, we grant you a limited license to use Lola.com solely to access any prior chats and itineraries for a limited time. For the avoidance of doubt, this Section does not apply to the BTSA; the BTSA may only be canceled by your Company or GBT in accordance with its terms.
We may suspend or terminate your and your Company’s access to Lola.com at any time, including in the event of your actual or suspected unauthorized use of Lola.com or non-compliance with this Agreement.
If you have been notified by us that you are prohibited from using Lola.com, then notwithstanding anything to the contrary, you have no license to use Lola.com and any access by you or on your behalf shall be unauthorized and unlawful. We may provide notice under this or any other section of this Agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking in Lola.com, or in any other reasonable manner. We reserve the right to cancel any and all bookings or other transactions you and your Company have made using Lola.com after you and/or your Company have been prohibited from using Lola.com, with no liability whatsoever to you or your Company.
You understand and agree that LOLA.COM IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. WE AND GBT DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NEITHER WE NOR GBT MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE IN LOLA.COM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE LOLA.COM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT LOLA.COM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT LOLA.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, to the maximum extent allowed by law, neither we nor GBT warrant, endorse, guarantee or assume responsibility for any product or service offered by a third-party in Lola.com or any hyperlinked website available in Lola.com. Neither we nor GBT control third-party websites available through hyperlink and neither we nor GBT are responsible for any content or service available therefrom. Any third-party carriers, hotels or any other suppliers providing services for us and GBT are independent contractors and not agents or employees of ours or GBT. Neither we nor GBT are liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any such third-party or for any personal injury, death, property damage, or any other damages or expenses resulting therefrom. You understand and agree that neither we nor GBT are responsible or liable for any transaction between you and third-party providers. If you use the Google Maps features in Lola.com, you agree to Google's Terms of Service.
As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information, whether oral or in writing, obtained by you from us or GBT shall create any warranty on behalf of us or GBT in this regard.
All prices are subject to change at any time, without notice. As a result, you may find that certain prices are no longer available. Neither we nor GBT are responsible for any price fluctuations. The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law.
From time to time, we or GBT may enter into relationships with travel or travel-related suppliers. You understand that we, GBT and their respective travel counselors earn compensation from these relationships. In some cases, our and GBT’s relationships with these suppliers may allow for us or GBT, as applicable, to offer you private fares that are lower than fares available to the public and/or under your corporate negotiated rates. In identifying these suppliers and displaying or recommending itineraries or other services to your travelers, we and GBT may consider various factors, including availability, travelers’ preferences, GBT’s relationship with your Company, and the relationships we and GBT have with these suppliers.
You agree to indemnify, hold harmless and defend us and GBT and our respective affiliates, subsidiaries, officers, directors, employees, agents and licensors at your expense, against any and all third-party claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute-resolution expenses) incurred by us or GBT arising out of or relating to your (a) breach of any term of this Agreement or (b) violation of any law, rule or regulation or the rights of any third-party.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR AND YOUR COMPANY’S SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH LOLA.COM, US, GBT OR THIRD-PARTY PROVIDERS IS TO UNINSTALL ANY LOLA.COM SOFTWARE AND TO STOP USING LOLA.COM.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR GBT, OR OUR RESPECTIVE OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES"), INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS, ARISING OUT OF (I) THE USE OR INABILITY TO USE LOLA.COM OR (II) THE ACTIONS OR INACTIONS OF US, GBT OR ANY THIRD-PARTY PROVIDERS, REGARDLESS OF LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR OR GBT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES, WITHOUT REGARD TO WHETHER WE OR GBT HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO LOLA.COM, US, GBT OR THIRD-PARTY PROVIDERS OF MORE THAN THE AMOUNTS PAID BY YOU FOR THE SERVICES IN QUESTION, LESS ANY BOOKING FEES INCURRED BY US AND GBT IN CONNECTION THEREWITH. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), SUBJECT TO THE OTHER LIMITATIONS SET FORTH HEREIN. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS SECTION 18 REMOVES OR LIMITS OUR AND GBT’S LIABILITY FOR NEGLIGENCE WHERE PERMITTED BY LAW.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential, incidental or other damages, the limitations may not apply to you and shall not apply to a resident of New Jersey to the extent damages to such New Jersey residents are the result of our negligent, fraudulent or reckless acts(s) or intentional misconduct. Further, this Agreement does not waive or limit any rights or obligations otherwise required by law and we do not request that you waive or limit any rights you may have under law.
Any controversy or claim arising out of or relating to this Agreement or your use of Lola.com shall be settled by binding arbitration, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. You will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither we or the claimant shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE LOLA.COM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THIS AGREEMENT.
BY USING LOLA.COM, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH LOLA.COM WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
This Agreement and Lola.com are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms, or the rights and obligations of you or us in connection with Lola.com, shall be governed by, and construed in accordance with, New York law, without giving effect to the conflict of laws rules thereof, and any matters or proceedings that are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place exclusively in New York, New York, U.S.A.
Content in Lola.com that is provided by us, GBT or their respective licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans and the compilation of the foregoing ("Content") is the property of Lola, GBT or their respective licensors, as applicable, and is protected in the U.S. or U.K. and internationally under trademark, copyright and other intellectual property laws.
You agree not to download, display or use any Content located in Lola.com for use in any publications, in public performances, or on websites other than Lola.com for any other commercial purpose, in connection with products or services that are not ours, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us, GBT and/or our or GBT’s licensors, that dilutes the strength of our, GBT’s or our or GBT’s licensors' property or that otherwise infringes our or GBT’s or our or GBT’s licensors' intellectual property rights. You further agree not to misuse any Content or any third-party content that appears in Lola.com.
If you think material hosted by us infringes your copyright, please immediately provide us the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located or found in Lola.com; (d) your address, telephone number and, if available, an email address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Your claim should be sent by mail to: Lola Travel Company, Inc., at the address listed in Section 22, ATTN: Copyright Agent; or by email to: firstname.lastname@example.org, with a copy to GBT at the address set forth in the “Notice” section of the BTSA.
Neither we nor GBT will be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us, you and GBT or among you, us and GBT as a result of this Agreement or your use of Lola.com.
We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
Failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You hereby agree that we and/or GBT would be irreparably damaged if this Agreement was not specifically enforced, and therefore you agree that we and/or GBT shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we and/or GBT may otherwise have available to us under applicable laws.
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
This Agreement constitutes all the terms and conditions agreed upon between you and us and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.
You acknowledge and agree that we and GBT are separate companies and are not liable to you for each other’s acts, omissions or other conduct.
You acknowledge and agree that GBT is, and shall be treated for all purposes by you as, an intended third- party beneficiary of each and all of your obligations under this Agreement as if GBT were a party to this Agreement and, as such, shall be entitled to enforce any or all of the terms of this Agreement including but not limited to: (a) the benefit of your obligations under this Agreement; (b) any or all of the rights and remedies afforded to us under this Agreement; and (c) any or all of the rights and remedies as are accorded to us under this Agreement, in each case and in all respects as if GBT were a party to this Agreement.
We can be reached at:
Lola Travel Company, Inc.
250 Summer Street
Boston, MA 02210
+1 617 431 3910
Thank you - we hope you enjoy using Lola.com!
© 2018 Lola.com