IMPORTANT NOTE: The following Terms of Service do not apply to users of Lola.com who sign up for Lola.com using a corporate email address that is administered and controlled by a company that previously entered into a business travel services agreement directly with American Express Global Business Travel (a “GBT Client”). If you register for Lola.com using a corporate email address administered and controlled by a GBT Client, your use of Lola.com is subject to the Terms of Service for GBT Client Accounts available here.
Effective as of May 1, 2016
Last Updated: May 28, 2019
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 20 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER AND MASSACHUSETTS 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 (a) be 18 or older and (b) 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.
We may revise the Agreement at any time, in our sole discretion. By continuing to use Lola.com, you agree to any changes in the Agreement.
We act only as a booking platform for the airlines, lodging providers, car rental companies, tour operators, ground operators and any other suppliers of travel services shown on your itinerary. We are not responsible for the acts or omissions of such suppliers 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. 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.
Certain hotel bookings on Lola.com may be offered through or otherwise supported by external suppliers. Please visit https://developer.expediapartnersolutions.com/terms/en/ for Terms and Conditions associated with such bookings.
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/.
Lola.com accepts no responsibility for your compliance with any restrictions set forth by the Transportation Security Administration, the Federal Aviation Administration or the individual airlines. Lola.com also disclaims all responsibility for any issues with seat assignments.
LOLA.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO YOUR SELECTED DESTINATION IS ADVISABLE OR WITHOUT RISK, AND IS NOT 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).
For the avoidance of doubt, you 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. Additional details about specific bookings are found below.
We may charge you agent service fees for certain bookings, and will inform you of any such fees before you 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 are responsible for such fees or deductions, and we will pass them on to you. 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 a fee or not refund any prepaid fees, and in such cases, you are responsible for such fees and we will pass them on to you.
Please review your itinerary for the refund and cancellation policies specific to your hotel(s).
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
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 correct as to dates, times, fares and rates. We are not 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. We recommend you re-check exact flight times prior to your departure and prior to your return.
If you make a purchase from us using a credit or debit card denominated in a different currency, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card (or the estimated charge amount we provide 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 the company for which you work (your “Company”). If you elect not to provide such information, you may not be able to access certain content or features.
If you establish a new Company on Lola.com, you represent and warrant that the information you provide about the Company is accurate and complete (including, without limitation, the number of Company employees) and that you are duly authorized by your Company to establish the Company on Lola.com. By establishing a Company on Lola.com you grant Lola.com the royalty-free right to publish and otherwise use your Company’s name and logo in publicity and advertising materials in any and all media without time or territorial restriction.
By associating your account with a Company, you understand and agree that all 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 other Lola.com users that have associated their accounts with the Company. You further 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, on the Site, you designate your booking as being for business travel, you understand and agree that the details of your reservation (including, without limitation, all booking and travel information and your email address) will be shared with the third party expense management provider designated by your Company.
If you enroll as an “Admin” user, you warrant that you are authorized by the Company associated with your account to act as administrative user of Lola.com on behalf of the 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 you book on behalf of a third party, you represent and warrant that all bookings made on behalf of such third party are authorized by such third party.
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 maintain the currency, completeness, and accuracy of your registration data. 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 (including, without limitation, by any Company Admin or by any party with whom you have shared your profile). You agree to notify us 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 are not liable for any loss that you may incur 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 are responsible for all change and cancellation fees associated with all order and any booking made using Lola.com, including, without limitation, any third-party processing fees. 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 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.
If you sign up for a paid Lola.com subscription (a “Subscription”), you agree that you will pay Lola.com the amount shown on your sign up/enrollment form and/or Lola.com invoice (if applicable), paid on an annual basis during the term of your Subscription (the “Fees”). The Fees set forth herein do not include any taxes, levies, foreign transaction fees, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with its purchases hereunder.
Unless otherwise set forth on your sign up/enrollment form and/or Lola.com invoice (if applicable), the Subscription term commences on your enrollment date and will continue thereafter in full force and effect for an initial term of twelve (12) months beginning on the first day of the first calendar month after your enrollment date (unless you enroll on the first day of a calendar month, in which case the Subscription term will continue thereafter in full force and effect for an initial term of twelve (12) months beginning on your enrollment date) (the “Initial Term”). By way of example, if you enroll on April 15, 2019, the Initial Term will commence on April 15, 2019 and will end on May 30, 2020; if you enroll on April 1, 2019, the Initial Term will commence on April 1, 2019 and will end on April 30, 2019. Unless otherwise indicated on your sign up/enrollment form and/or Lola.com invoice (if applicable), following the Initial Term, the Subscription Term will automatically renew for consecutive twelve (12) month periods commencing immediately following the end of the Initial Term (each a “Renewal Term”), and you will be charged the annual fee for your Subscription, until you cancel your Subscription. Any discounts applied during the Initial Term will not be applied during a Renewal Term. YOU MAY CANCEL YOUR AUTO-RENEWAL SUBSCRIPTION AT ANY TIME, BY EMAILING US AT CSM@LOLA.COM. In the event of such cancellation, any unpaid portion of the annual fee for the then-current Renewal Term shall become immediately due and no refund (in whole or in part) of previously-paid annual subscription fee(s) will be provided. The Initial Term and the Renewal Terms, if any, will be collectively referred to as the “Subscription Term.” Notwithstanding anything to the contrary contained herein, Lola.com shall have the right to terminate the Subscription Term at any time, with or without cause, immediately upon notice to you. Solely in the event Lola.com terminates the Subscription Term without cause, Lola.com will provide a pro rata refund based on the amount of time remaining in the current twelve (12) month term, to the most recent payment card you used to purchase the Subscription. Lola.com will notify you via email approximately thirty (30) days before your credit card is charged for a Renewal Term to confirm your service and rate.
When you make a purchase through Lola.com using a credit card, you authorize us 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 through 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 these Terms and any such specific terms and conditions, the 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.
If you choose to invite third parties to join Lola.com, you warrant that you have the permission of such third parties. You may only provide Lola.com with the email addresses of friends with whom you have had directly voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors, or of family members to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had directly voluntary two communications.
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 we do not guarantee that the airline will honor your ticket(s). You agree to indemnify us 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 on Lola.com. Outside the United States, 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 when we make your reservations, and we are not responsible for informing you about such charges.
The prices displayed for airfare on 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 and are not included in the quoted price, such as airline baggage fees and other charges for optional airline services.
We may offer hotels 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 through us 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 we collect payment from you up front for the hotel room, plus any applicable estimated taxes, governmental fees and other charges and then transmit funds 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 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 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 the Agreement. Failure to do so may result in suspension or termination of your account.
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 may, in our sole discretion, create promotional codes ("Promo Codes") that may be redeemed for travel credit or other benefits related to a third-party provider's services, subject to this Agreement and any terms that we may establish on a per-promotional-code basis. You agree that Promo Codes: (i) Must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner or made available to the general public, unless expressly permitted by us; (iii) may only be used pursuant to the specific terms that we establish for such Promo Code; (iv) are not redeemable for cash; (v) are not valid on past purchases; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other benefits obtained through the use of Promo Codes by you or any other user in the event that Lola.com determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable Promo Code terms of this Agreement.
Additionally, we may, in our sole discretion, offer you the opportunity to participate in sweepstakes, contests, surveys or other promotion's ("Special Promotions"). Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion's terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
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 through Lola.com.
You may cancel your account at any time, for any reason or no reason, by emailing us at email@example.com or by opening a chat within 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. Any amounts paid or payable as of the date of your cancellation shall be non-refundable.
We may suspend or terminate your 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 the 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 via Lola.com, or in any other reasonable manner. We reserve the right to cancel any and all bookings or other transactions you have made using Lola.com after you have been prohibited from using Lola.com, with no liability whatsoever to you.
We endeavor to provide the best service we can, but 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 DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH 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, we do not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third-party on or through Lola.com or any hyperlinked website available through Lola.com. We do not control third-party websites available through hyperlink and we are not responsible for any content or service available therefrom. Any third-party carriers, hotels or any other suppliers providing services for Lola.com are independent contractors and not agents or employees of Lola.com or its affiliates. Lola.com and its affiliates are not 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 we are not responsible or liable for any transaction between you and third-party providers. If you use the Google Maps features on Lola.com's platforms, 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 shall create any warranty on behalf of us 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. We are not responsible for any price fluctuations.
The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law.
You agree to indemnify, hold harmless and defend us and our 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 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 SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH LOLA.COM 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, OUR 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 THE SERVICE OR (II) THE ACTIONS OR INACTIONS OF 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 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 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 OR THIRD-PARTY PROVIDERS OF MORE THAN THE AMOUNTS PAID BY YOU FOR THE SERVICES IN QUESTION, LESS ANY BOOKING FEES INCURRED BY US 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 19 REMOVES OR LIMITS OUR 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 these terms 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 Massachusetts 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 claimant nor Lola Travel Company, Inc. 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 THESE TERMS.
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.
These Terms 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, Massachusetts 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 Boston, Massachusetts, U.S.A.
Lola Travel Company, Inc. is registered as a seller of travel in each of the states listed below:
and are registered trademarks of the Lola Travel Company, Inc. in the U.S. and other countries. Content on Lola.com that is provided by us or our 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 ("Lola.com Content") is the property of Lola.com and our licensors, and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.
You agree not to download, display or use any Lola.com Content located on 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 and/or our licensors, that dilutes the strength of our or our licensors' property or that otherwise infringes our or our licensors' intellectual property rights. You further agree not to misuse any Lola.com Content or any third-party content that appears on Lola.com.
If you think material hosted by us infringes your copyright, please provide us the following information: (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 on 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 24, ATTN: Copyright Agent; or by email to: firstname.lastname@example.org.
We will not 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.
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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.
Our 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 would be irreparably damaged if this Agreement was not specifically enforced, and therefore you agree that we 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 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.
We can be reached at:
Lola Travel Company, Inc.
1 Financial Center
Boston, MA 02111
+1 617 431 3910
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