Last Revised on 1 October, 2020
AGREEMENT BETWEEN CUSTOMER AND TRAVELTECH SOLUTIONS LLC.
Welcome to the Oojo.com website (the "Website"). 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 the Travel Providers, and for no other purposes.
The terms "we", "us", "our", "Oojo" and "Traveltech LLC" refer to Traveltech LLC, a company registered and existing in the Republic of Latvia at: Jeruzalemes St. 1, Riga, LV-1010, Latvia, its subsidiaries and corporate affiliates (collectively, the "Oojo Companies"). "Oojo 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.
Oojo does not provide, own or control any of the travel services and products that you can access through our Website, such as flights, accommodations, rental cars, packages, or any other travel-related services (the "Travel Products"). The Travel Products are owned, controlled or made available by third parties either directly (e.g., airline) or as an agent (e.g., consolidator or travel agency) (the "Travel Providers"). The Travel Providers are responsible for the Travel Products. Oojo does not act as principal but makes arrangements with such Travel Providers for the sale of Travel Products through the Website on their behalf.
The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual Travel Provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through our Website is at your own risk; Oojo does not bear any responsibility should anything go wrong with your booking or during your travel.
A purchase on this Website means that you make an order to acquire Travel Products from the Travel Providers which implies a payment obligation. When you purchase Travel Products through this Website, you enter into an agreement between you and the Travel Provider(s) relating to the provision of the Travel Product(s) required. Oojo does not enter into any contractual relationship with you and/or the Travel Provider relating to the Travel Products that you purchase on this Website.
By using this Website, you acknowledge that the rates displayed at the Website are a result of negotiation between Oojo and the Travel Providers and include certain fees retained by each of Oojo and the relevant Travel Provider for their services, taxes and other charges.
If you make a booking through our Website for Travel Products, that booking is made with the Travel Provider named on the booking page and our Website only acts as a user interface. Accordingly, Oojo has no responsibility for the booking or the Travel Product because Oojo has no involvement in creating the description of the Travel Product, or in providing the Travel Products that you book. If you have any issues or disputes with your booking and/or the Travel Product, we will assist you in resolving such issue or dispute with the Travel Provider, but this does not exclude your right to address and resolve these with the Travel Provider directly.
All airline tickets booked through this Website are e-tickets. The e-ticketing system is a paperless method to buy airline tickets. Once you have made your booking, Oojo will send you a confirmation email with your flight booking reference number(s). Please note that you will not receive a paper ticket to show at the airport.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- all information supplied by you on this Website is true, accurate, current and complete;and
- if you have an Oojo.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
Oojo is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
If you are domiciled in the United States
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Oojo Legal: Arbitration Claim Manager,” at Traveltech LLC, Las Vegas Executive Suite, 8275 S. Eastern Ave., Suite 200, Las Vegas, NV 89123. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org
or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
If a suit or claim is brought to enforce any of the provisions of this Agreement, the Service or this Website, the prevailing party shall be paid by the other party all of the prevailing party’s costs and expenses of prosecuting and/or defending the suit, including, without limitation, the reasonable attorneys’ fees, court costs and expenses of the prevailing party.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST OOJO IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND OOJO FOR ANY AND ALL DISPUTES YOU OR OOJO HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH OOJO.
If you domiciled outside of the United States
Any Claims shall exclusively be submitted to the competent courts in Riga, Latvia. Notwithstanding the foregoing jurisdiction clause, we may bring proceedings against you in the courts of the country in which you are domiciled. For consumers (in the European Economic Area): we advise you to first notify us of any complaints by contacting our Customer Support at +1 888 457 6656. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here:https://ec.europa.eu/odr
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our Travel Providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or Travel Products obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Oojo may take actions leading to cancelation of any travel or service reservations associated with your name, email address or account, and close any associated Oojo accounts. If you have conducted any fraudulent activity, Oojo reserves the right to take any necessary legal action and you may be liable for monetary losses to Oojo, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Oojo Customer Service.
TRAVEL PROVIDER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Travel Provider, which can be found on its website. You agree to abide by the terms and conditions of purchase imposed by any Travel Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the its rules and restrictions regarding availability and use of fares or Travel Products. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Travel Providers may change their prices without notice. We reserve the right to take actions leading to the cancelation of your booking if full payment is not received in a timely fashion.
Oojo may offer you the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your payment credit card by the Travel Provider may be slightly different due to currency fluctuations. Your statement may also include a fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
International and country regulations forbid the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in fines, imprisonment and other penalties. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some Travel Providers offering certain Travel Products may require you to sign their liability waiver prior to participating in the Travel Product they offer. You understand that any violation of any such Travel Provider's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Travel Product, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
If you are traveling into or out of the EU, or using an EU airline, you may have rights which you can claim to the relevant airline in the event that your flight is cancelled, delayed or you are denied boarding. Please consult Regulation (EC) 261/2004 or contact our Customer Services Department.
BANK AND PAYMENT (CREDIT) CARD FEES
Your payment is processed in the United States, when we (or any of our partners) process your payment. When the Travel Provider processes your payment, it will be processed in the country in which the Travel Provider is based.
Oojo or the Travel Provider may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Travel Provider) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your payment card).
By providing your payment card data you agree that Oojo (in order to prevent fraud) may conduct a payment card verification by (1) temporary authorisation charge in the random amount of less than $2 that will be cancelled afterwards, and/ or (2) contacting the bank - card issuer, and/ or (3) conference call with Oojo and bank representatives, and/ or (4) requesting evidence that the card holder with certain ID is a lawful holder of the payment card submitted to Oojo. If your payment card is declined for any reason, we will notify you within 24 hours. Simply submitting the payment card (and other reservation data) does not automatically guarantee ticketing.
Some banks and payment card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international Travel Provider to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your payment card, your payment card company may convert the booking amount to the currency of your payment card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Oojo may use the services of third parties to process your payments.
You have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Oojo prior to disputing a charge with your credit card company so we may discuss and answer any questions or concerns you may have about our charges. In all cases, Oojo will work with you in resolving your concerns. Oojo retains the right to dispute any chargeback that it believes is improper, as described more fully below. Oojo also retains the right to fully cancel any booking in the event of a chargeback related to that booking.
Oojo deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from you.
- Chargebacks resulting from non-cancellable bookings in the event that Oojo or the Travel Provider cannot provide a refund, whether or not the booking is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card.
- Chargebacks arising from the airline's failure to deliver a product or service in a manner that's consistent with the airline's product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Oojo.
- Chargebacks related to the services or products that have been used fully or partially by you.
You hereby unconditionally authorize Traveltech LLC (or its provider, as the case may be) to charge your credit card (and / or retain from your customer's account) with the amount of any chargeback processed by the bank and related to the services or products that have been used fully or partially by you.
You hereby unconditionally authorize Traveltech LLC (or its provider, as the case may be) to charge your credit card (and / or retain from your customer's account) with the amount of any chargeback fees applied by the bank to the chargeback requested by you without merits and subsequently rejected by the bank.
You are responsible for ensuring that you meet foreign entry requirements, including the restrictions due to the public health reasons, and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Oojo has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, OOJO DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
COVID-19 WAIVER OF LIABILITY
You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For the latest COVID-19 government travel regulations, we recommend going to IATA’s website at iatatravelcentre.com
. For the latest travel supplier requirements, check the supplier’s home page. We are not responsible for the acts or omissions of travel suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the suppliers, and we have no liability for recommending a trip credit in lieu of a refund. If requested, we will assist with obtaining any refunds due or rebooking trips using future credits, but we may charge a nonrefundable fee for such services. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy. YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS DESCRIBED ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
The Information, Software and Travel Products published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Oojo Companies do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the Travel Products displayed on this Website. In addition, Oojo expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
The Oojo Companies, the Oojo Partners and their respective Travel Providers make no guarantees about the availability of specific Travel Products. The Oojo Companies, the Oojo Partners and their respective Travel Providers may make improvements and/or changes on the Website at any time.
The Oojo Companies, the Oojo Partners and their respective Travel Providers make no representations about the suitability of the information, software and Travel Products contained on this Website for any purpose, and the inclusion or offering of any Travel Products on this Website does not constitute any endorsement or recommendation of such Travel Products by the Oojo Companies or the Oojo Partners. All such information, software and Travel Products are provided "as is" without warranty of any kind. The Oojo Companies, the Oojo Partners and their respective Travel Providers disclaim all warranties and conditions that this Website, its servers or any email sent from the Oojo Companies, the Oojo Partners and/or their respective Travel Providers are free of viruses or other harmful components. The Oojo Companies, the Oojo Partners and their respective Travel Providers hereby disclaim all warranties and conditions with regard to this information, software and Travel Products, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The Travel Providers providing Travel Products on this Website are independent contractors and not agents or employees of the Oojo Companies or the Oojo Partners. The Oojo Companies and the Oojo Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Travel Providers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Oojo Companies and the Oojo Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Oojo Companies, the Oojo Partners and/or their respective Travel Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites and Travel Products obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Oojo Companies, the Oojo Partners and/or their respective Travel Providers have been advised of the possibility of such damages.
If, despite the limitation above, the Oojo Companies, the Oojo Partners or their respective Travel Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Oojo Companies, the Oojo Partners and/or their respective Travel Providers will in no event exceed the total charges set forth in the itinerary giving rise to any such liability.
To the extent permitted by applicable law, any claim or cause of action arising from, or relating to, your access and use of, or purchase of Travel Products from, the Website must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Website shall be at your own risk.
We are acting as an intermediary or as an agent for Travel Providers by promoting, selling or accepting bookings for such Travel Products. Neither will we nor will any of our officers, employees, agents, shareholders or other representatives be liable in damages or otherwise to the maximum extent permitted by law in connection with your use of or inability to use or access our Website or your purchase and use of any Travel Products offered, promoted or sold on or through our Website.
If any warranties implied by law cannot be excluded, then our liability for breach of such warranties is limited, to the extent permitted by applicable law, at our option, to:
- in the case of products: the replacement of the products or the supply of equivalent products; or the payment of the cost of replacing the products or acquiring equivalent products;
- in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
You agree to defend and indemnify the Oojo Companies, the Oojo Partners, and/or their respective Travel Providers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Oojo. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2020 Oojo. All rights reserved. Other logos, Travel Products and company names mentioned herein may be the trademarks of their respective owners. Oojo is not responsible for content on websites operated by parties other than Oojo.
If you are aware of an infringement of our copyright, please let us know by emailing us at [email protected]
. We only address messages concerning copyright infringement at this email address.
Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the Oojo Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Oojo with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, visit our Customer Support Center.
Or, you can write to us at:
Attn: Customer Service
Las Vegas Executive Suite, 8275 S. Eastern Ave.,
Suite 200, Las Vegas, NV 89123
Email: [email protected]