 |
|
TERMS OF SERVICE
TERMS OF SERVICE
Thank you for visiting the website of Optiontown (www.optiontown.com), also referred to as Our Website. This website is owned and operated jointly by Optiontown, Inc. and Optiontown Ireland Ltd.; both companies are commonly referred to as "Optiontown", or as "OT", in short. Please read these Terms of Service ("Terms") carefully and accept the same before accessing, using, obtaining any information, signing-up or availing one or more "OT Service". By accessing, using or obtaining any content, data, materials, information, or OT Services from Our Website, you agree to be bound by these Terms. If you do not accept all of these Terms, then please do not use Our Website. Optiontown ("OT") also reserve the right in its sole and unfettered discretion to deny, suspend, terminate or restrict your access to Website at any time and without any advance notice or liability, including, without limitation, for violation of one or more of these Terms. We recommend you print out a copy of these Terms for your future reference and compliance.
These Terms constitutes the entire agreement between you and OT and governs your use of one or more of the OT Services, superseding any prior agreements between you and OT with respect to any of the OT Service. It does not in any manner directly or indirectly relate to or govern any other relationship or arrangement that you have with OT.
IN THE EVENT OF ANY CONTRADICTION BETWEEN THE TERMS OF SERVICE IN ANY LANGUAGE OTHER THAN ENGLISH LANGUAGE (SUCH AS FRENCH, SPANISH ETC.) AND TERMS OF SERVICE IN ENGLISH LANGUAGE, THE TERMS OF SERVICE IN ENGLISH LANGUAGE SHALL ALWAYS PREVAIL.
DEFINITIONS
In this document, terms that commence with a capital letter are defined in this Section and shall have the following meaning:
"Airline" refers to the airline for your flight.
"Airline Flights" or "Flights" refers to the flights operated, marketed, designated or any combination thereof by the Airline.
"Business Partner" refers to one or more companies, individuals, entities, airlines or any combination thereof which have partnered with OT to offer one or more of the OT Services on their flights.
"Content" refers to the text, documents, typefaces, graphics, logos, button icons, images, audio clips, sounds, music, videos, digital downloads, information, data, articles, illustrations, photographs, software, applications, maps, designs, features, and other materials that are available on Our Website.
"Customer" refers to one or more persons that travel on an airline and/or who has signed for one or more of the OT Services. In case of OptionPass, a customer specifically refers to a person of age 18 years and above who is eligible to buy an OptionPass.
"Empty Seat Price" refers to the OT Price received from the Customer for assignment of one or more empty seats, at the discretion of OT, as selected by said Customer.
"Empty Seat Assigned" refers to assignment of one or more empty seats made by OT in relation to the ESo Service.
"Empty Seat(s)" refers to one or more seats adjacent to the Customer's seat which a Customer(s) may be assigned at the option of OT under ESo Service.
"ESo Price" consists of Sign-up Price and Empty Seat Price.
"ESo Service" or "Empty Seat Option Service" refers to Empty Seat Option Service that allows the Customer(s) who sign-up for this service to receive a chance to be assigned, at the discretion of OT, one or more seats adjacent to their seat on payment of OT Price (ESo Price).
"ESo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the ESo Service.
"Sign-up Price" refers to the OT Price received from the Customer for participating in Sign-up for one or more OT Services, as decided by OT.
"FRo Flight" refers to the Airline Flights to which a Customer(s) may be rebooked at the option of OT under FRo Service.
"FRo Reward" consists of FRo Sign-up Reward and FRo Rebook Reward.
"FRo Service" refers to Flexibility Reward Option Service that allows the Customer(s) who sign-up for this service to receive OT Price (FRo Rewards) in exchange for their agreement to be rebooked, at the discretion of OT, on one or more Airline Flights.
"FRo Rebook Reward" refers to the entitlement of a Customer to the FRo Rewards (OT Price being paid to the Customer) upon such Customer being rebooked at the discretion of the OT to the FRo Flight.
"FRo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the FRo Service.
"FRo Sign-up Reward" refers to the entitlement of a Customer to the FRo Rewards (OT Price being paid to the Customer) upon FRo Sign-up as decided by OT.
"Guest(s)/ Visitor(s)" refers to one or more individuals who can access and search Our Website without being a Customer at Our Website.
"MBo Flight" refers to the Flight(s) which a Customer(s) selects as an additional flight where he or she can be rebooked to before a pre-selected deadline under MBo Service.
"MBo Price" refers to the OT Price received from the Customer for participating in MBo Sign-up, as decided by OT.
"MBo Service" refers to Multiple Booking Option Service that allows the Customer(s) who sign-up for this service to hold availability on one or more additional flights and then choose to fly on one of them, on payment of OT Price (MBo Price).
"MBo Price" consists of the Sign-up Price and MBo Price.
"MBo guarantee" guarantees a seat to you on your Original as well as your selected MBo Flight.
"MBo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the MBo Service.
"Member" refers to the Customer and/or Guest/Visitor who has registered with Our Website.
"Member ID" refers to the user name that the Member uses along with his/her password to login to Our Website.
"Optiontown" refers to the brand name and "www.optiontown.com" or any other subdomain of Optiontown.com, jointly, refer to the domain name and website of OT.
"Original Class" refers to the class on the flight which a Customer(s) has booked to fly.
"Original Flight" refers to the Airline Flights which a Customer(s) has booked to fly.
"Our Website" refers to "www.optiontown.com".
"Personal Information" refers to any information concerning a natural person, as opposed to a corporate entity, which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person.
"PFo Decision" refers to the decision of rebooking the customer(s), who have signed-up for PFo, to the Preferred Flight, at the discretion of OT.
"PFo Flight" refers to the Airline Flight(s) to which a Customer(s) may be rebooked at the option of OT under PFo Service.
"Preferred Flight Price" refers to the OT Price received from the Customer for upon rebooking the Customer at the discretion of OT to one or more PFo Flight.
"PFo Price" consists of the Sign-up Price and Preferred Flight Price.
"PFo Service" refers to Preferred Flight Option Service that allows the Customer(s) who sign-up for this service to be rebooked to their Preferred Flight(s), at the discretion of OT, on payment of OT Price (PFo Price).
"PFo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the PFo Service.
"OT Price" shall mean and include payments, paid to or received from the Customers, including, without limitation, cash payments, check payments, airline credit, other incentives or any combination thereof. OT Price may be received from and/or paid to Customers when they sign-up for the OT Services, at the time when a OT Customer is rebooked, at the time when a OT Customer is granted the option or at any other time or any combination thereof. Normally, OT Price paid to the Customers under the FRo Service is referred to as FRo Reward.
"OT Service Rebook Notice" refers to the notice by way of an email or otherwise issued to the Customer by OT advising such Customer in case he/she is rebooked and/or upgraded. OT Service Rebook Notice is referred to as FRo Rebook Notice under the FRo Service advising such Customer in case he/she is rebooked to the FRo Flight. OT Service Rebook Notice is referred to as PFo Rebook Notice under the PFo Service advising such Customer in case he/she is rebooked to the PFo Flight.
"MBo Rebook Notice" refers to the notice wherein the Customer advises OT about the MBo Flight under MBo Service.
"OT Service Rebook Notice Deadline" refers to the last date and local time by which OT will send the Customer OT Rebook Notice. OT Service Rebook Notice Deadline is referred to as FRo Rebook Notice Deadline under the FRo Service and PFo Rebook Notice Deadline under the PFo Service respectively.
"MBo Rebook Notice Deadline" refers to the last date and local time by which the customer can select the MBo Flight and advise OT of the same under the MBo Service.
"OT Services" comprises of the various services offered by OT, wherein each such service is in general referred to as "OT Service". Currently, OT Services comprise of the following - (a) Flexibility Reward Option or FRo Service or FRo, (b) Upgrade Travel Option or UTo Service or UTo, (c) Empty Seat Option Service or Empty Seat Option or ESo Service or Eso, (d) Preferred Flight Option Service or Preferred Flight Option or PFo Service or PFo, (e) Multiple Booking Option Service or Multiple Booking Option or MBo Service or MBo, (f) Flight Pass Option Service or Flight Pass Option or FPo Service or FPo, (g) OptionPass Service or OptionPass or OP Service or OP, (h) Extra Baggage Option Service or Xtra Baggage Option Service or XBo Service or XBo, (i) Lounge Access Option Service or Lounge Access Option or LAo Service or LAo, (j) Preferred Seat Option Service or Preferred Seat Option or PSo Service or PSo, (k) Optiontown Upgrade Pass or OUP, or UP or Upgrade Pass , (l) Optiontown Empty Seat Pass or OESP, or ESP Empty Seat Pass, (m) Optiontown Preferred Seat Pass or OPSP, or PSP or Preferred Seat Pass, (n) OptionPass or OP . Various services falling under OT Services may be amended, added or removed without any prior intimation.
"OT" refers to Optiontown, Inc., a Massachusetts USA corporation, incorporated and existing under the laws of Massachusetts, USA and/or Optiontown Ireland Limited, an Ireland Limited Liability company, as the case may be, both companies are commonly referred to as "Optiontown".
"OT Agent" refers to the persons /entities associated with OT, in developing and maintaining Our Website including but not limited to, contents thereof and/or providing Customer service.
"Upgrade Price" or "UTo Upgrade Price" refers to the OT Price received from the Customer for getting upgraded, at the discretion of OT, to any of the UTo Class selected by said Customer.
"User" or "You" refers to a Guest/Visitor, Customer, Member and/or any combination thereof.
"UTo Upgrade" refers to an upgrade made by OT in relation to the UTo service.
"UTo Class" or "UTo Cabin" refers to the class to which a Customer(s) may be upgraded at the option of OT under UTo Service. Class and cabin may be used interchangeably as the context requires.
"UTo Price" consists of the Sign-up Price and Upgrade Price.
"UTo Service" or "UTO Service" refers to Upgrade Travel Option Service that allows the Customer(s) who sign-up for this service to receive a chance to be upgraded, at the discretion of OT, to a higher class on same or different Airline Flight on payment of OT Price (UTo Price).
"UTo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the UTo Service.
"Xtra Baggage Price" refers to the OT Price received from the Customer for assignment of one or more extra baggage or additional weight, at the discretion of OT, as selected by said Customer.
"Xtra Baggage Assigned" refers to assignment of one or more extra bags or additional weight(s) made by OT in relation to the XBo Service.
"Xtra Baggage(s) or Xtra Bag(s)" refers to one or more additional bags or one or more lot of pre defined additional weight that the Customer is allowed to check in, may be assigned at the option of OT under XBo Service.
"XBo Price" consists of Sign-up Price and Xtra Baggage Price.
"XBo Service" or "Xtra Baggage Option Service" refers to Xtra Baggage Option Service that allows the Customer(s) who sign-up for this service to receive a chance to be allowed, at the discretion of OT, to check in one or more extra bags or pre specified extra weight on payment of OT Price (XBo Price).
"XBo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the XBo Service.
"Lounge Access Price" refers to the OT Price received from the Customer for assigning an access to one or more Lounges, at the discretion of OT, as selected by said Customer.
"Lounge Access Assigned" refers to assignment of access to one or more lounges made by OT in relation to the LAo Service.
"Lounge Access" refers to the access to one or more lounges that the Customer can access, if assigned at the option of OT under LAo Service.
"LAo Price" consists of Sign-up Price and Lounge Access Price.
"LAo Service" or "Lounge Access Option Service" refers to Lounge Access Option Service that allows the Customer(s) who sign-up for this service to receive a chance to be allowed, at the discretion of OT, to access one or more lounge on payment of OT Price (LAo Price).
"LAo Sign-up" refers to the successful completion of the process to be followed by the Customer to accept the LAo Service.
Some Key Terms Related to Pass Products
"Advance Booking" refers to time limit (expressed in minimum number of hours or days before your journey), before which, you can make a request to Optiontown for your flight booking.
"Cabin" refers to Travel Class e.g. Economy, Premium Economy, Euro Traveller, Business, First. It may wary in service, nomenclature etc as per different airlines.
"Extension Period" refers to the time period starting right after the expiry of the OptionPass and ending 6 (six) months afterwards, during, which a Customer may make changes to his/her OptionPass or cancel OptionPass subject to additional fees and charges. No changes or cancellation will be allowed after the end of Extension Period. Any unused OptionPass value, including the bonus amount, at the end of Extension Period will be forfeited and will be non-refundable.
"Family" refers to a group of people of a family or friends.
"Flight Confirmation" refers to deadline before your departure date, when Optiontown will confirm your final selected flight and notify you based on your pre selected flights.
"Flyers" refers to list of passengers which are booked on the flight.
"Individual" refers to a single person.
"Large Corporate" refers to group of people (say 20 or more) from a large corporate.
"Small & Medium Business" refers to a group of people (say 10) from a small or medium size corporate.
"Journey" refers to a segment of flights that may have more than one flight (like a segment may have both outbound and return flights or may have connecting flights).
"Number of Flights" refers to the total number of flights included with the Flight Pass. One Flight is needed for one passenger to fly one-way between two selected destinations.
"Pass Products" refer to OT Services including, Flight Pass Option, OptionPass, Upgrade Pass, Empty Seat Pass, Preferred Seat Pass and Pre-Sale Pass.
"Pass Product Redeem Benefits" refer to following benefits a user can avail by redeeming the specific Pass Product; user can redeem Flight Pass Option to book flights and fly, redeem OptionPass to purchase products & services, redeem Upgrade Pass to sign-up for Upgrade Travel Option (UTo), redeem Empty Seat Pass to sign-up for Empty Seat Option (ESo), redeem Preferred Seat Pass to sign-up for Preferred Seat Option (PSo) and redeem Pre-Sale Pass to buy products and services or book flights during a pre-sale event.
"Pass Type" refers to type of pass e.g. individual, Family, Small & Medium Business or Large Corporate.
"Tax Payment Option" refers to the option to include or not include the taxes in the Flight Pass. The terms "Taxes" or "Tax", or "taxes and fees", here refer to all the taxes, fees and surcharges levied by government, airline, airport and other third-parties.
"Travel Flexibility" refers to the privilege to define a designated time period (say one day or two days) during which the customer is flexible to fly on any flight at the sole discretion of Optiontown. If you are not flexible and have selected the "Exact Flight Choice" option, then you are allowed to choose your specific flights.
"Travel Period" refers to the period within which the travel is valid only on flights departing within that period under a given Flight Pass.
"Travel Zone" refers to set of destination pairs (cities/countries) that you can fly either one way or both ways with the Flight Pass Option.
"Flight Pass (FP) or Flight Pass Option (FPo)" refers to a pass provided by OT under FPo service to its customers which makes them eligible to book flights falling under criterions mentioned in Flight Pass.
"Users" or "Eligible Users" or "Passengers" refers to list of distinct persons who can redeem any of the Pass Products for Pass Product Redeem Benefits.
"Validity Period" or "Validity" refers to the time period, between a begin date and an expiry date, during which a user enlisted in a Pass Product can redeem said Pass Product for Pass Product Redeem Benefits.
"We" refers to OT.
GENERAL TERMS OF SERVICE
These Terms are applicable to everyone including Member, Customer and Guest/Visitor.
ELIGIBILITY FOR USING THE WEBSITE
As a condition to use Our Website, you warrant that:
(i) you are at least 18 (eighteen) years of age;
(ii) you possess the legal authority to create a binding legal obligation;
(iii) you will use Our Website in accordance with these Terms only;
(iv) all information supplied by you on Our Website is true, accurate, current and complete; and
(v) the itinerary displayed at Our Website at your request belongs to you and is accurate, current and complete.
Special Conditions
1. Even after the option is granted, the airline reserves the right to cancel the option grant in exceptional and unforeseen events including without limitation, irregular operations, fleet planning etc. OT will refund the Option Price back to you in such cases.
2. We always recommend you to inform OT of any flight change that you may have done after completing your sign up so that OT may rebook your sign up to the new flight, subject to conditions. You may inform OT of the flight change either by phone (on the numbers listed on the website www.optiontown.com or by email at customercare@optiontown.com. However, OT may at its sole and unfettered discretion rebook your sign up on the new flight even if you have not intimated OT about the flight change after you have completed your sign up.
3. OT takes utmost care to display the correct time and schedule of the partner airlines. However, the user cannot hold OT responsible for any incorrect display of schedule, flight time and OT assumes no responsibility of the same if the user has not checked with the concerned airline. The user unconditionally agrees to always check with the airline about the latest flight departure time and cannot hold OT responsible for any incorrect display of time on any of the OT websites.
PROHIBITED USE
Our Website grants you a limited, personal, nontransferable, non sub-licensable, revocable license to access and use Our Website.
In addition to the Special Terms of Service, as applicable, mentioned later, you agree not to:
(i) use Our Website or its Contents for any commercial purpose;
(ii) access, monitor or copy whole or part of the Content or information of Our Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of OT;
(iii) place or attempt to place false or misleading information on the Our Website;
(iv) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(v) reverse engineer any part of Our Website;
(vi) modify, translate into any language or computer language, or create derivative works from, any Content or whole or any part of Our Website;
(vii) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
(viii) use a frame or other border around Our Website, or other framing method to enclose any portion or aspect of Our Website, or mirror or replicate any portion of the Our Website;
(ix) interfere with or disrupt one or more of the OT Services or servers used to operate the OT Services or otherwise tamper, hack, modify or otherwise corrupt the security or functionality of one or more of the OT Services;
(x) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on Our Website and/or infrastructure;
(xi) deliver any posting that infringes or violates any intellectual property or other rights of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
(xii) post or transmit links to any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability;
(xiii) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
(xiv) post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
WHAT WE DO
OT has been authorized by its Business Partner(s) and you agree that the responsibility of OT is limited to:
(i) displaying the original itinerary of yours through the database of the Business Partner, made available by it, on your entering the Booking Reference (PNR) and the Last Name; (ii) receiving your response with regard to one or more of the OT Services, OT Service Rebook Notice, OT Prices or any combination thereof;
(iii) upon your sign-up for any of the OT Services, sending confirmation email to the email address provided by you. OT reserves the right, at its sole and unfettered discretion, to send or not to send communication regarding confirmation of your Sign-up for any of the OT Services on any other mode of communication provided by you;
(iv) processing FRo Sign-up Rewards upon FRo Sign-up and FRo Rebook Reward upon you being rebooked by OT to the selected FRo Flight;
(v) charging you the payment for the Flight Pass Option Price as per the option selected by you;
(vi) charging you for the Sign-up Price and (a) Upgrade Price upon UTo Sign-up, (b) Empty Seat Price upon ESo Sign-up, (c) Preferred Flight Price upon PFo Sign-up, and (d) Multiple Booking Price upon MBo Sign-up;
(vii) upon you booking the flight under Flight Pass Option, booking the corresponding flight for you based on the Flight Pass Parameters that you have previously pre agreed;
(viii) upon you intimating OT about your MBo Flight, providing the MBo Flight to you;
(ix) sending confirmation email to the email address provided by you upon OT rebooking you to the selected FRo Flight and/or upgrading you to any of your selected UTo Class and/or assigning you one or more empty seats adjacent to your seat and/or rebooking you to another Flight as per the option selected by you. OT reserves the right, at its sole and unfettered discretion, to send or not to send communication, upon OT rebooking you to another flight based on the option selected by you and/or upgrading you to any of your selected UTo Class and/or assigning you one or more empty seats, on any other mode of communication provided by you.
(x) Sending confirmation email to the email address provided by you upon OT making the flight booking for you. OT reserves the right, at its sole and unfettered discretion, to send or not to send communication, upon OT making the flight booking for you on any other mode of communication provided by you.
You agree that OT is not responsible for the accuracy of the data provided by you.
You shall contact your Airline for all matters relating to your flight, except for flights that have been booked using Flight Pass Option or OptionPass.
We appreciate that you share your comments and questions with us, but we may not be able to respond to any and/or all of them. Please be advised that we assume no responsibility for reviewing unsolicited ideas for our business including, without limitation, product or advertising ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future OT programs and/or OT Services. Also, please remember that you are solely responsible for whatever material you submit, including without limitation, its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your mail/messages. You agree that any and all rights to materials submitted to us become the exclusive property of OT and grant OT and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable title and right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such submission.
PRIVACY POLICY
The use of Our Website by you is subject to our Privacy Policy. By using Our Website, you consent to the use of your information strictly in accordance with our Privacy Policy.
CONTENTS
All Content and information included on Our Website, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, OT Services data and software, is the exclusive and absolute property of OT or its Business Partner(s) and protected by U.S. Copyright laws and other applicable laws. The compilation and/or the arrangement of all Content on Our Website are the exclusive property of OT and protected by U.S. Copyright laws and other applicable laws. All software used on Our Website are property of OT and/or OT Agent and protected by U.S. Copyright laws and other applicable laws. The infrastructure used to provide said Content and information is proprietary to OT and/or OT Agent.
You are not authorized to sell or modify the Content or reproduce, reverse engineer, display, publicly perform, distribute, or otherwise use whole or part of the Content in any way for any public or commercial purpose. OT authorizes you to view and access the Content available on or from Our Website solely for the purposes of and strictly in relation to the OT Services. The use of the Content of Our Website on any other web site or in a networked computer environment for any purpose except in relation to the OT Services is prohibited.
OT SERVICES RULES
You agree that OT Services Rules are an integral part of these Terms and by consenting and agreeing to these Terms, you also consent and agree to be bound by the OT Services Rules in the event you sign-up for one or more of the OT Services. OT Services Rules comprises of the FRo Rules, UTo Rules, PFo Rules, MBo Rules, ESo Rules, FPo Rules, LAo Rules, XBo Rules, OptionPass Rules etc. Notwithstanding anything to the contrary stated herein, you consent and agree to be bound by the FRo Rules in the event of your FRo Sign-up, by the UTo Rules in the event of your UTo Sign-up, by the MBo Rules in the event of your MBo Sign-up, by the PFo Rules in the event of your PFo Sign-up, by the FPo Rules in the event of your FPo Sign-up, by the XBo Rules in the event of your XBo Sign-up, by the LAo Rules in the event of your LAo Sign-up, by the OptionPass Rules in the event of your OptionPass Sign-up, by the Upgrade Pass Rules in the event of your Upgrade Pass Sign-up, by the Empty Seat Pass Rules in the event of your Empty Seat Pass Sign-up, by the Preferred Seat Pass Rules in the event of your Preferred Seat Pass Sign-up and by the ESo Rules in the event of your ESo Sign-up. These Rules given on the website are provided for enhancing the understanding of that particular service. However, in case of any contradiction between these Terms and OT Services Rules mentioned on the website, these Terms shall prevail.
OT has the sole and absolute discretion to offer any of the OT Service on any sector, flight, class or otherwise.
ABOUT TRADE MARKS
"Optiontown", "Des Options Voyage Incomparables", "Flexi-Récompenses en Option" "FRo", "Flexibility Reward Option", "Επιβράβευση Ευελιξίας", " Tiện ích thưởng thay đổi chuyến bay", "OT", "T&G", "Enjoy unique travel options", "UTO", "Upgrade Travel Option", " Surclassement en Option" "Αναβάθμιση Ταξιδίου", " Tiện ích nâng hạng dịch vụ","UTo", "Upgrade Ticket Option", "You Too" , "FPo", "Flight Pass Option", "Flight Pass", "ESO", "Empty Seat Option", "Siège Vide en option", "Κενή Θέση", " Tiện ích mua thêm ghế trống", "ESo", "ESSO", "ESSo", "esso", "Extra Seat Option", "MBO", "Multiple Booking Option", " Réservation multiple en Option", " Tiện ích đặt chỗ kép", "MBo", "PFO", "Preferred Flight Option", " Vol préféré en Option", " Tiện ích lựa chọn chuyến bay mong muốn", "PFo", "PSo", "Preferred Seat Option", " Siège préféré en Option", "PSo", "OptionPass", "OP" and/or any combination of these marks are proprietary marks of OT who are the sole and absolute owners of their respective Trade Marks and all other Marks that appear, or are displayed, or used on Our Website are trademarks of Third Parties or OT Agents / Business Partner(s).
LINKS
Outbound Links
For your convenience, Our Website provides links to other sites. When you click on one of these links, you are leaving Our Website and entering another website. We are not responsible for such third party websites. Any concerns regarding such other websites should be directed to the particular website or its resource provider. OT does not monitor or control the linked websites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these websites. If you choose to access any third-party website, you do so at your own risk. The presence of a link to a third-party website does not constitute or imply OT's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party website.
You should carefully review the terms of service of third party websites, because these Terms will not apply to your visit to third party websites.
Inbound Links
We welcome links from a third party site to the home page of Our Website, through a plain text link, provided that (a) you (third Party) give OT, prior written notice of such link by contacting Customer Service of OT, requesting OT's permission to establish the link; (b) you (third Party) procure prior written approval of OT to establish the link (c) you (third Party) discontinue providing a link to Our Website if so requested by OT; (d) you (third Party) do not imply in any fashion that OT is endorsing any of your products or service or is affiliated with you (third Party), (e) you (third Party) do not present OT in a false light, or provide misleading or false information about OT, or Our Website or any of the OT Service, (f) you (third Party) do not remove or obscure the copyright notices, or other notices on Our Website; (g) you (third Party) do not use any trademark of OT or OT Agent; and (h) you (third Party) do not replicate, frame or mirror the Content.
We reserve the right to require you (third Party) to remove links to Our Website, in our sole and unfettered discretion.
Linking to any page of Our Website other than to the homepage is strictly prohibited in the absence of a separate linking agreement with OT.
WARRANTY DISCLAIMER
OUR WEBSITE, ALL OF ITS CONTENT AND/OR ANY OF THE OT SERVICE PROVIDED ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AS A USER OF OT SERVICES, YOU ACCESS THE OPTIONTOWN SITE, OT SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY OPTIONTOWN TO HELP YOU AVAIL OT SERVICES AT YOUR OWN RISK. OT EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AS WELL AS ALL WARRANTIES ARISING BY OR RELATING TO USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. OT MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS AND OT WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS; (B) DEFECTS WILL BE CORRECTED; (C) OUR WEBSITE AND/OR SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS; (D) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR ANY OF THE OT SERVICE OFFERED THROUGH OUR WEBSITE WILL BE ACCURATE OR RELIABLE; OR (F) THE QUALITY OF ANY PRODUCTS, ANY OF THE OT SERVICE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS; OR (G) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (H) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OT'S NEGLIGENCE. OT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
VIRUSES
We make reasonable attempts to exclude viruses from Our Website, but cannot ensure that the Our Website will be at all times free from viruses or other destructive software. You (Guest/Visitors, Members and Customers) are urged to take appropriate safeguards before accessing or downloading information from or using Our Website in any manner. We assume no responsibility for any damages to computer equipment or other property that may result from access or use of Our Website in any manner or downloading anything from Our Website.
LIMITATION OF LIABILITY
Subject to applicable law, you will access and/or use Our Website in any manner or downloading anything from Our Website, its Content, data and information at your sole risk. UNDER NO CIRCUMSTANCES WILL OT, ITS BUSINESS PARTNER(S), OT AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING (A) TO THIS AGREEMENT OR ANY OF THE OT SERVICE OR (B) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR WEBSITE OR CONTENT, (C) ANY FAILURE OR DELAY, INCLUDING WITHOUT LIMITATION, DELAY IN REWARD PROCESSING, ANY DELAY IN PROCESSING OF REFUND OF UPGRADE PRICE, EMAIL NOTIFICATION, (D) PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER OR BUSINESS PARTNER, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON ANY OF THE OT SERVICE, FROM INABILITY TO USE ANY OF THE OT SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF ANY OF THE OT SERVICE OR ON ACCOUNT OF ANY THIRD PARTY FAILURE OR ACCESS OR USE OF OUR WEBSITE OR DOWNLOADING OF ANY INFORMATION FROM OUR WEBSITE OR A COMBINATION OF ANY OR ALL OF THESE FACTORS NOTWITHSTANDING OT AND/OR ITS BUSINESS PARTNER / OT AGENT(S) MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
USERS OF OT SERVICES (INCLUDING WITHOUT LIMITATION SELLERS) AGREE TO RELEASE OT (AND ITS AGENTS, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTES. OT WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF OT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
DISPUTES
The laws of the State of New York, USA, without reference to its conflicts of laws, principles or any international treaties or conventions, shall control the interpretation of this Agreement and govern the performance of this Agreement. You consent and submit to the sole and exclusive jurisdiction of the State of New York, USA, in all questions and controversies arising out of or relating to your access or use of or downloading of any information from Our Website and these Terms. You acknowledge that you have read and fully understood these Terms, and that these Terms have the same force and effect as a signed agreement.
INDEMNIFICATION
You (Member, Guest/Visitor and Customer) will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to or downloading of Our Website or any of the OT Services, your violation of any law or the rights of a third party. Notwithstanding anything to the contrary, OT shall not be responsible in any manner directly or indirectly for any data discrepancy, spoilage, reconciliation error, updation, network failure, connectivity failure, website maintenance and downtime or data provided by Business Partner or OT Agent or any other matter relating therewith. OT is not in any manner responsible for any deficiency in service any of its vendors or service providers including, without limitation, PayPal, credit card processors, payment gateways.
MODIFICATIONS TO TERMS OF SERVICE
OT reserves the right to change these Terms at any time in any manner. You (Member, Guest/Visitor and Customer) are responsible for regularly reviewing the Terms. Continued use of Our Website after any such changes constitutes your consent to such changes.
SPECIAL TERMS OF SERVICE
These terms are applicable to Members, Customers and Guests/Visitors.
TERMS FOR AVAILING ANY OF THE OT SERVICE
You agree that:-
(i) the grant of any of the OT Service shall be at the sole and unfettered discretion of OT;
(ii) OT shall have the sole, unfettered discretion and is not obliged to rebook you to the selected FRo Flight;
(iii) OT shall have the sole, unfettered discretion and is not obliged to upgrade you to any of your selected UTo Class;
(iv) OT shall have the sole, unfettered discretion and is not obliged to assign you any or one or more empty seats;
(v) OT shall have the sole, unfettered discretion and is not obliged to rebook you to the selected PFo Flight;
(vi) OT shall not be responsible in any manner if you failed to keep yourself updated regularly with regard to OT's decision to rebook you to the selected FRo Flight;
(vii) OT shall not be responsible in any manner if you failed to keep yourself updated regularly with regard to OT's decision to upgrade you to any of your selected UTo Class;
(viii) OT shall not be responsible in any manner if you failed to keep yourself updated regularly with regard to OT's decision to assign you one or more empty seats;
(ix) OT shall not be responsible in any manner if you failed to keep yourself updated regularly with regard to OT's decision to rebook you to the selected PFo Flight;
(x) OT shall not be responsible in any manner if you failed to update OT before your MBo Freedom Deadline about your final flight decision and hence the default flight is provided to you under MBo Service;
(xi) OT shall not be responsible in any manner if your decision to rebook on MBo Flight does not gets updated in OT records due to any errors including without limitation, internet errors, transmission errors etc;
(xii) upon OT opting to rebook you to the selected FRo Flight, you may be required to comply with the requirements of the Business Partner in relation to said selected FRo Flight, including without limitation, printing of electronic ticket, any other requirement with respect to such selected FRo Flight;
(xiii) upon OT opting to upgrade you to any of your selected UTo Class, you may be required to comply with the requirements of the Business Partner and its rules in relation to said UTo Class, including without limitation, limiting of certain amenities which are normally available to the passengers in said Class. We recommend you to check your Airline's policies for the UTo Class in case you are upgraded by OT to any of your selected UTo Class;
(xiv) upon OT opting to assign you one or more empty seats, you may be required to comply with the requirements of the Business Partner and its rules in relation to said assignment of empty seats, including without limitation, printing of electronic ticket, usage of empty seat(s), any other requirement with respect to said assignment. Such assigned one or more empty seats may have only restricted usage as defined by the airline. We recommend you to check your Airline's policies for utilization of such assigned empty seat(s);
(xv) assigned one or more empty seats will have limited facilities such as no additional meal, no extra passenger to be seated, no additional baggage allowance etc. OT is not liable for in any manner whatsoever in respect to such facilities on the assigned seats which continue to remain sole responsibility of its Business Partner;
(xvi) upon OT opting to rebook you to the selected PFo Flight, you may be required to comply with the requirements of the Business Partner in relation to said selected PFo Flight, including without limitation, printing of electronic ticket, any other requirement with respect to such selected PFo Flight;
(xvii) upon communicating successfully about your decision to rebook to the MBo Flight to OT, you may be required to comply with the requirements of the Business Partner in relation to said selected MBo Flight, including without limitation, printing of electronic ticket, any other requirement with respect to such selected MBo Flight;
(xviii) upon OT opting to rebook you to any of your selected FRo Flight and/or, MBo Flight and/or PFo Flight, you agree that some of the amenities may be different from your Original Flight, including without limitation, aircraft type;
(xix) OT shall not be responsible if you are rebooked under FRo Service and/or PFo Service and/or MBo Service to a class other than your original class while OT shall take reasonable efforts to provide you with same facilities and class as in your Original Flight;
(xx) any request, including but not limited to, request or facility, including but not limited to, any amenities, services, help, facilities such as meals etc may be provided as available on the selected FRo Flight and/or any of the selected UTo Class in case of FRo Service and UTo Service respectively, and OT is not liable for in any manner whatsoever in respect to such requests including, without limitation, non provision of one or more of such requests on one or more FRo Flights and/or any of the selected UTo Class, which continue to remain sole responsibility of its Business Partner;
(xxi) any request, including but not limited to, request or facility, including but not limited to, any amenities, services, help, facilities such as meals etc may be provided as available on the selected PFo Flight and/or selected MBo Flight in case of PFo Service and MBo Service respectively, and OT is not liable for in any manner whatsoever in respect to such requests including, without limitation, non provision of one or more of such requests on one or more PFo Flights and/or, on one or more MBo Flights which continue to remain sole responsibility of its Business Partner;
(xxii) we may not be able to recognize any infant (who is not occupying a seat) in the booking reference provided by you and hence we may process OT Prices considering the infant as a regular passenger occupying a seat. Hence you fully understand and agree that you will opt for OT Service if and only if you consent to this condition and agree for processing of OT Price considering that infant as a regular passenger occupying a seat; and
(xxiii) OT and/or OT Agent(s) is/are duly authorized by you to access, process, change your data including your sign-up for one or more of the OT Services and act upon your instructions relating to one or more of the OT Services.
xxiv) OT reserves the right to charge you various fees, as well as transaction fees based on completed transactions for the services. OT further reserves the right to alter any and all fees from time to time, without notice, though the fees charged will be displayed to you before you completing the transaction. You agree unconditionally that once you complete the transaction, you agree to all those fees and charges displayed to you and you agree to pay those to OT. You agree that you shall be completely responsible for all charges, fees, duties, taxes etc arising out of the use of the services. In case, there is a short/under charge by OT for any and/or all fees because of technical or any reason whatsoever, OT reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
xxv) Many bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a card statement. This means the amount listed on your card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
xxvi) Some banks and credit card companies impose fees for international transactions. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed by your bank. 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.
xxvii) NO EMPLOYEE OF OT CAN CHANGE OR MODIFY ANY OF THE RULES, TERMS, PRICES ETC. THAT WHAT IS MENTIONED ON THE OT WEBSITE OR THE PARTNER AIRLINE WEBSITE. In the event, any employee of OT or any other person advises You that he/she can modify/amend/enhance etc any published Product Rules, Product Terms or Product Pricing etc., you are requested to bring it to the attention of OT by sending complete details to the following email addresses -- customercare@optiontown.com, partners@optiontown.com. OT would like to advise that the Products are available as on available basis on the website and No Employee or any third party has any right or authority to modify any of the stated Terms, Rules and/or Pricing.
xxviii) ALL TRANSACTIONS TO BE DONE VIA OPTIONTOWN WEBSITE ONLY.. You are requested to only transact on OT website only. Any other medium of transaction is not approved by OT and OT will NOT be liable for such transactions. In the event, any employee of OT or any other person advises You to do a transaction of any other website, you are requested to bring it to the attention of OT by sending complete details to the following email addresses -- customercare@optiontown.com, partners@optiontown.com. OT would like to advise that all transactions are required to be done on OT website only and OT takes ABSOLUTELY NO liability for any transaction NOT performed on OT's website.
PRICING, REFUND, CANCELLATION AND OTHER POLICIES OF THE OT SERVICES
FRo Service
1) Upon completing FRo Sign-up, you
a. cannot opt out of the FRo program and cannot change the selected FRo Flight;
b. authorize OT to rebook you, at the sole and unfettered discretion of OT, to the selected FRo Flight;
c. will be informed about the flight rebook before the selected FRo Rebook Notification deadline via email provided by you, and will be solely responsible to keep yourself updated with the email and alter your travel plans accordingly;
d. relinquish your right to the advance Seat Selection Option (if any) offered by your airline; and
e. agree not to hold OT responsible for your failure to check e-mail or e-mail not reaching you for any reason whatsoever.
2) In the event OT rebooks you to the selected FRo Flight,
a. you relinquish your right to travel on your Original Flight irrevocably; and
b. OT will make commercially reasonable efforts to assign you the same or a similar seat on the selected FRo Flight as the seat on the Original Flight, however, OT makes no guarantee to that effect.
3) You need to contact your airline if you desire to make changes or if your airline makes any changes to your Original Flight prior to OT rebooks you to the selected FRo Flight and in all such cases, normal policies of your airline shall apply.
4) You need to contact your airline if you desire to make changes or if your airline makes any changes to your FRo Flight after OT has rebooked you to the selected FRo Flight and in all such cases, normal policies of your airline shall apply.
5) FRo Rewards may vary across different Customers whether booked on the same Original Flight or otherwise or whether or not choosing the same selected FRo Flight during the same FRo Rebook Notification or otherwise.
6) In the event of one Customer from a group of Customers associated with a common booking reference signs up for FRo, it shall be binding on and applicable to all such Customers associated with such booking reference and all such Customers shall, at the sole and unfettered discretion of OT, agree to be rebooked together to the selected FRo Flight.
7) In case you board the FRo Flight for any reason(s) whatsoever, including without limitation, to change of flight schedule by the Business Partner, other than specifically and solely as a consequence of FRo Rebook Notification issued by OT, you shall not be entitled to and cannot claim FRo Rebook Reward.
8) You consent and agree that in case you make any change(s) in your itinerary for any reason(s) whatsoever, OT may choose not to rebook you to the Selected FRo Flight.
UTo Service
1) Upon completing UTo Sign-up, you
a. cannot opt out of the UTo program and cannot change any of the selected UTo Class;
b. authorize OT to upgrade you, at the sole and unfettered discretion of OT, to any of the selected UTo Class; and
c. have agreed to pay UTo Sign-up Price and Upgrade Price. UTo Sign-up Price is Non-Refundable. If you are not upgraded to the selected class in a flight, Upgrade Price for that flight will be automatically refunded within 5 (five) business days after the flight departure.
d. Confirm Upgrade decision shall be given within 30 minutes of signup. However it can take up to 24 hrs for the flight departure dates that may be in future.
e. In the event of upgrade approved, upgrade decision remains subject to availability, passenger has to present a copy of the email to the airline staff upon check-in. If a passenger failed to contact airline staff for any reason the upgrade price for that flight will not be refunded.
2) In the event OT upgrades you to any of the selected UTo Class in a flight,
a. you lose the right to travel on your Original Class irrevocably in that flight;
b. Upgrade Price charged for that flight will not be refunded under any circumstances whatsoever;
c. the ticketing conditions and Fare Rules of your Original Class will continue to apply;
d. you will receive all the benefits of the upgraded UTo class except for the exceptions stated at various places in the Terms which may or may not be specific to your airline;
e. in case of Air India, policies relating to baggage and frequent flyer miles of your Original Class shall be applicable;
f. in case of Vietnam Airlines, policies relating to lounge access, baggage and frequent flyer miles of your Original Class shall be applicable;
g. for other airlines, please refer to the exact amenities and benefits mentioned in the UTo Rules which you have accepted before completing the sign up;
h. your web check-in may be cancelled to process your upgrade and you agree to do the check-in again once you have received the upgrade notification. You agree not to hold OT or its business partner responsible for your failure to again check-in once your upgrade is processed ; and
i. you will be informed about the upgrade on the email address provided by you at least 4 (four) hours prior to departure of that flight. We strongly recommend you to regularly check your email and regularly check the status of your upgrade by visiting us at www.optiontown.com or by contacting your airline (via phone or at the airport). However, you agree not to hold OT responsible for your failure to check email and/or email not reaching you for any reason whatsoever.
3) Specific policies and rules, if applicable to your airline partner, will be displayed under the UTo Rules and would accordingly be applicable to you.
4) Payment of UTo Sign-up Price and Upgrade Price does not guarantee that you will be upgraded to any of your selected UTo Class. UTo Sign-up Price is the amount charged for availing the UTo Service and will not be refunded in any circumstance whatsoever, including without limitation, if you are not upgraded to any of your selected UTo Class.
5) If you are not upgraded to the selected class in a flight, Upgrade Price for that flight will be automatically refunded within 5 (five) business days after the flight departure.
Upgrade Price paid, if any, for any remaining flight(s) shall continue to remain with OT and only in the event that you are not upgraded to any such flight, the Upgrade Price for that flight will be refunded within 5 (five) business days after the flight departure. Upgrade Price will not be refunded in any other circumstances whatsoever.
6) You consent and fully understand that the Upgrade Price paid on any flight in your Itinerary shall remain with OT and only if you are not upgraded on said flight said Upgrade Price will be refunded within 5 (five) business days of departure of said flight. You further consent and understand that you cannot claim and/or demand refund of the Upgrade Price paid on any flight, from OT and/or from any of its Affiliates and/or from its Business Partner, before 5 (five) business days after the departure of said flight.
7) Once you sign-up for UTo, you cannot opt out of the UTo program at any stage and under any circumstances whatsoever. Further, you consent that you cannot withdraw your authorization given to OT to upgrade you to any of your selected UTo Class and once you are upgraded to your selected UTo Class, your Upgrade Price for that flight will not be refunded under any circumstance whatsoever.
8) In the event, you change your itinerary after you have been upgraded by OT, OT, at its sole and unfettered discretion, may choose to shift your upgrade on your changed itinerary provided the charges, fees, taxes etc as imposed by OT have been paid in full. However, you agree and consent that OT is not at all obligated to shift the upgrade from original itinerary to the changed itinerary in any circumstance what so ever.
9) In the event you split your itinerary in more than one itineraries for different customers, OT may try to process the original upgrade request on all the PNRs created after the split. However, OT in its sole and unfettered discretion may upgrade only the original itinerary and may not process the upgrade on the itineraries created after split. You consent and agree that it is your duty to inform OT in writing regarding any changes including, without limitation, splitting of the itinerary being made to your reservation in order for OT to process the upgrade request accordingly. This however does not prevent OT's right to process the upgrade suo moto based on the original itinerary to all new and/or changed itineraries.
10) You consent and agree that no interest shall be paid on the Upgrade Price paid by you under any circumstances whatsoever, including without limitation, you not being upgraded to any of the selected UTo Class for any flight.
11) In the event of one Customer from a group of Customers associated with a common booking reference (PNR) signs up for UTo, it shall be binding on and applicable to all said Customers. OT will upgrade all said Customers together and all said Customers, at the sole and unfettered discretion of OT, agree to be upgraded together to any of the selected UTo Class.
12) You need to contact your airline if you desire to make changes or if your airline makes any changes to your flight prior to OT upgrading you to any of the selected UTo Class and in all such cases, normal policies of your airline shall apply.
13) You need to contact your airline if you desire to make changes or if your airline makes any changes to your flight after OT has upgraded you to any of the selected UTo Class and in all such cases, normal policies of your airline shall apply. Notwithstanding anything contained to the contrary herein, once you are upgraded by OT and you make any changes to your flight, Upgrade Price will not be refunded under any circumstance whatsoever.
14) You consent and agree that in case you make any change(s) in your itinerary for any reason(s) whatsoever, OT may choose not to upgrade you. OT may ask you to pay additional price, fees, charges, taxes, etc. for such shifting of upgrade in these circumstances and only after payment of such additional price, fees, charges, taxes, etc., OT may choose to shift the upgrade request from the original flight to the changed flight. However, OT, in its sole and absolute discretion, may choose to shift the upgrade request from original flight to the changed flight whether or not the payment for additional price, fees, charges, taxes, etc. have been made.
15) You consent and agree that in case you make any change(s) in your itinerary for any reason(s) whatsoever, OT may in its sole and unfettered discretion choose to upgrade you on the changed itinerary and you cannot claim in any circumstance whatsoever, to be not to be upgraded on the changed itinerary.
16) UTo Prices may vary across different Customers whether booked on the same flight and same Original Class or otherwise or whether or not choosing the same selected UTo Class or otherwise.
17) You agree that OT has the sole and unfettered right to refuse or cancel any upgrade whether or not the upgrade has been confirmed and/or your credit card has been charged for the Upgrade Price. In the event, your credit card has already been charged for the Upgrade Price and your upgrade is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the Upgrade Price only within 30 (thirty) business days from the day said upgrade is canceled by OT.
18) The web check-in service may no longer be available to the customer once he/she is upgraded using UTo and the customer has to check with the respective OT's Business Partner for the same.
19) Notwithstanding anything to the contrary contained herein, one or more services with OT's Business Partner to which a customer may be entitled to may become unavailable to the customer at any of the following time periods - a) prior to signing up for the UTo Service, b) after signing up for UTo Service but before getting an upgrade and/or c) after receiving the upgrade. This may include, but are not limited to, the meals service and the lounge access. The customer expressly agrees not to hold OT responsible in any manner whatsoever for non availability of any one or more of the services at any of the time periods mentioned above. The customer further agrees that it is the complete and sole responsibility of the customer to check with the Business Partner regarding availability of any service and not to hold OT and/or its Business Partner liable in any manner whatsoever for withdrawal of one or more services.
20) The refunds for a flight on which a Customer does not receive an upgrade will be processed in the currency in which they were originally charged by OT and will be done at the prevailing exchange rate at the time of refund. The prevailing exchange rate may be adjusted due to conversion and other charges which OT may levy from time to time. The refund of the Upgrade Price for a flight is always subject to the maximum of the Upgrade Price paid in the original currency by a Customer for said flight.
21) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
22) OT can only issue the refund on the same mode of payment (e.g. credit/debit card etc.) used at the time of making the payment to OT. In the event your mode of payment used at the time of payment to OT (such as during UTo Sign-up or at any other time) is blocked, non-existent, canceled or revoked etc., you here by understand and agree unconditionally that OT will process the refund only on the PayPal account which is associated with the email address used by you during the UTo Sign up process. Following fees and charges will be deducted while making the refund in this case - a) a service fee of USD 15 (US Dollars Fifteen only), b) payment (e.g., credit/debit/paypal etc.) processing fees that was charged to OT at the time such payment was made by you, c) refund processing fees that will be charged to OT for refunding such payment and d) any other fees or charges or taxes that OT may have to incur or bear for any of the transactions relating to this. You consent, agree, acknowledge and provide your irrevocable consent for deduction of such charges in this case.
23) In the event, a Customer is disputing any upgrade being denied or not provided/received, the customer must present the boarding pass for said flight. The customer hereby agrees unconditionally that to claim any upgrade being denied, the customer will present a copy of the boarding pass at the time of raising any such dispute. The customer unconditionally relinquishes any or all of his rights of dispute in favor of OT in the event the customer is unable to provide a copy of the boarding pass for said flight. The customer further agrees that he/she will not hold OT responsible and/or liable in any manner whatsoever for any such denied upgrade where the customer is unable to provide a copy of the boarding pass. The customer also undertakes to contact OT customer service immediately through one or more phone numbers mentioned on the website in the event customer becomes aware that he or she is denied an upgrade by the airline, even after receiving an upgrade confirmation from OT. Any failure in informing OT about said rejection incapacitates OT's ability to check with the airline and to take necessary remedial measures in restoring the upgrade and hence in such case NO refund for the Upgrade Price will be processed for the customer. The Customer also agrees and undertakes to raise any or all disputes within 7 business days of the flight departure for which such dispute is being raised. The Customer unconditionally agrees that NO dispute for any flight can be raised or filed after 7 business days from the departure of said flight.
24) You agree and understand that the real time price may be lower or higher than the regular price displayed, hence the savings may be more or less than the displayed amount. You agree and confirm unconditionally that you have taken the informed decision with the clear understanding and knowledge of the above. You irrevocably and unconditionally agree that you will not hold OT responsible in any manner whatsoever for any difference in regular prices and/or savings displayed and you cannot cancel OT Service due to this.
25) In the event you opt for more than one OT Services on your flight, you unconditionally and irrevocably agree and consent to OT's sole and unfettered discretion to assign you or not to assign one or more OT Services that you may have opted for on your flight as per OT's own choice, decision and discretion. You further consent and understand that you cannot ask and/or demand and/or force OT to assign any one or more particular OT Services to you.
26) Special Conditions with respect to Customers booked on Air India -
a. customers need to contact OT for non receipt of refund of upgrade price in the event they are not upgraded and OT will be solely responsible for processing the refunds of all such amounts due and the responsibility at no stage will devolve on Air India.
b. in case of disruptions or irregular operations at the airline:
i. if the customer is transferred from Air India to another airline, the upgrade decision for the customer will be reversed and the customer will only be rebooked in his/her Original Class of booking.
ii. if the upgrade decision is reversed and the customer either travels in the Originally Booked class or cancels the ticket with the airline, and after the customer has notified OT about the same, OT will process the refund of the entire upgrade price for said customer after validating the customer's claim with the airline.
c. In case of Upgrade in Air India, OT issues an EMD for the upgrade. Issuance of an EMD in no way certifies or guarantees that the upgrade will be granted. The final upgrade decision will be taken by Air India at the time of check-in. You have to check with Air India at the check-in counter whether the upgrade against the EMD will be granted or not. In the event the upgrade is not granted, then you need to contact OT for the refund of the Upgrade Price for said unsuccessful sign-up. You agree unconditionally that in the event the upgrade is not granted, then OT's liability is ONLY to process the refund of the upgrade price paid by you AND NOTHING ELSE. You agree unconditionally that you CANNOT claim any damages (whether implicit or explicit), any losses (whether incidental or not) or any other cost from OT in the event upgrade is not provided.
Flight Pass Option or Flight Pass or FPo Service
1) Upon completing Flight Pass Option (FPo) purchase, you
a. get the right to book and fly on 'X' flights for the selected destinations as specified in 'Travel Zone' within the Travel Period as defined in your the Flight Pass. (Where X= Number of Flights you have chosen while purchasing the Flight Pass)
b. can NOT opt out of the FPo service;
c. you can add new passengers subject to the maximum limit of users as defined in your Flight Pass;
d. can in general change any one or more of the Flight Pass parameters which you have selected during the flight pass purchase, subject to payment of change fees and charges, except when its prohibited to change the Flight Pass parameters for the specific Flight Pass purchased.
e. Can add SSRs (Special Service Requests) to your flight from your airline directly.
2) FPo price includes base fare, taxes and fees for all the flights purchased, except when you purchase the "Tax Not Included" option in the Tax Payment Option. Read more details for Tax Payment Option below.
3) FPo Price is NON-cancellable and NON-refundable. NO refund shall be granted, even if you fail to use all your flights. No portion of the total FPo Price will be refunded in case of any unused flight credits. Flight Pass is NOT transferable.
4) Specific policies and rules, if applicable to our airline partner, will be displayed under the FPo Rules and would accordingly be applicable to you.
| 5) | Unlimited Flight Pass conditions
|
| 6) | Tax Payment Option Conditions - This option offers choice to either include or not include the taxes in the Flight Pass. Two choices are offered.
|
| 7) | Increase in taxes after Flight Pass purchase -
|
8) FPo Prices may vary across different Customers whether booked on the same flight and having the same parameters.
The web check-in service may no longer be available to the customer once he/she is using FPo and the customer has to check with the respective OT's Business Partner for the same.
9) Notwithstanding anything to the contrary contained herein, one or more services with OT's Business Partner to which a customer may be entitled to may become unavailable to the customer at any of the following time periods - a) prior to purchasing of the FPo Service, b) after purchasing of FPo Service but before flight confirmation. This may include, but are not limited to, the meals service and the lounge access. The customer expressly agrees not to hold OT responsible in any manner whatsoever for non-availability of any one or more of the services at any of the time periods mentioned above. The customer further agrees that it is the complete and sole responsibility of the customer to check with the Business Partner regarding availability of any service and not to hold OT and/or its Business Partner liable in any manner whatsoever for withdrawal of one or more services.
10) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
11) You agree and understand that the real time price may be lower or higher than the regular price displayed, hence the savings may be more or less than the displayed amount. You agree and confirm unconditionally that you have taken the informed decision with the clear understanding and knowledge of the above. You irrevocably and unconditionally agree that you will not hold OT responsible in any manner whatsoever for any difference in regular prices and/or savings displayed and you cannot cancel OT Service due to this.
12) In the event that your flight gets confirmed and you opt for more than one OT Services on your flight, you unconditionally and irrevocably agree and consent to OT's sole and unfettered discretion to assign you or not to assign one or more OT Services that you may have opted for on your flight as per OT's own choice, decision and discretion. You further consent and understand that you cannot ask and/or demand and/or force OT to assign any one or more particular OT Services to you.
13) For any changes in the itinerary, splitting of PNRs and Group PNRs, regular Airline policies will apply. You also agree unconditionally that in the event of any increase in taxes or fees, the Customer is liable to first pay the additional increase in the taxes or fees, in order for OT to process the Flight Pass redemption or changes etc.
14) You must be reasonably satisfied that before you board the aircraft, you are medically fit to fly. If you have any reason to suspect, or ought reasonably to know, that you have a condition which might be exacerbated by the normal operation of an aircraft or could cause you difficulty if you do not have medical assistance before the flight has ended then you should not fly. If you have any doubt whatsoever you are obliged to seek professional medical advice before flying. Whenever you are aware of a health condition of the type just mentioned, but have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight, as the case may be and that you are able to produce written evidence of your fitness to fly, if requested by the airline to do so.
15) You are responsible for obtaining and must possess and have available for presentation, as required by airline, all travel documents (including your ticket) and all entry and exit, health, medical and other documents required by any applicable laws, regulations, orders, demands or requirements of the countries to be flown from and into. Subject to any applicable passenger rights pursuant to any international or domestic laws or regulations to the contrary, the airline reserves the right to refuse carriage to any passenger that they reasonably believe has not complied with, or whose documents do not comply with, such applicable laws, regulations, orders, demands or requirements.
16) In the event you have opted for the Installment payment plan under flight Pass, you agree unconditionally that OT can charge number of balance installments equal to the number of flights you are looking to book in that transaction.
17) In the event you have not opted for "Exact Flight", you unconditionally and irrevocably agree and consent to OT's sole and unfettered discretion to assign you any one of the flights which meet the selected criteria. You further consent and understand that neither you can ask and/or demand and/or force OT to assign any particular flight to you if you have not selected the Exact Flight parameter nor can you request for the refund of the Flight Pass Option price or request credit being added back to your Flight Pass.
18) You agree that OT has the sole and unfettered right to refuse or cancel any Flight Pass and/or Booking created whether or not the Flight Pass has been confirmed and/or the Booking has been created and/or the Ticket has been issued for said Booking Created and/or your credit card has been charged for the Flight Pass Price or any other charge associated with Your Booking. In the event, your credit card has already been charged for the Flight Pass Price and your Flight Pass is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account of the unutilized Flight Pass Price only or of the Partial Flight Pass Price as determined by OT in its sole and unfettered discretion on case ro case basis minus the administration fees, if any, within 30 (thirty) business days from the day said Flight Pass is canceled by OT.
19) In the event, you wish to change any of the pre selected parameter under a particular Flight Pass, you may do so as long as it is permissible by OT. You agree that OT, at its sole and unfettered discretion, may or may not allow to change any parameter once you have purchased a Flight Pass. You further agree that OT will not process any change in parameter unless you have paid all the applicable charges, fees, taxes etc as imposed by OT in full.
20) You consent and agree that no interest shall be paid on the Flight Pass Price paid by you under any circumstances whatsoever, including without limitation, you not being able to book any flight under said Flight Pass.
21) Flight Pass Prices may vary across different Customers whether booked with the same zone and other parameters or otherwise.
22) You agree that OT has the sole and unfettered right to refuse or cancel any Flight Pass whether or not your credit card has been charged for the Flight Pass Price for any reason including without limitation, irregular operations, discontinue of a route by the airline, other operational reasons, optimization factors etc. In the event, your credit card has already been charged for the Flight Pass Price and your Flight Pass is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the unutilized Flight Pass Price only within 30 (thirty) business days from the day said Flight Pass is canceled by OT.
23) You acknowledge that OT acts as a medium and enabler between You and Airline for Flight Pass, however, the sole responsibility of the Flight Pass Price refund lies with the Airline as OT transfers the Flight Pass funds to the respective airlines. So, when You Purchase a Flight Pass for an Airline and the Airline becomes bankrupt or the bankruptcy for that Airline is approved, then You unconditionally agree that OT has NO further liability towards You with respect to Your Flight Pass and You would need to contact the Airline for all Your refunds and queries. You agree unconditionally that You will NOT sue or bring a lawsuit against OT or will make OT a party to Your lawsuit for recovery of Your Flight Pass Price from the Airline. You expressly agree that OT will NOT have any liability towards Your Flight Pass. In case of bankruptcy of an airline, in any circumstance whatsoever, You CANNOT claim a refund from OT. The complete liability for refund of Your unutilized Flight Pass Price will rest on the Airline and You agree to follow up/work with the Airline for said refund.
24) Flight Pass Abuse -- In the event, OT determines (in its sole and unfettered discretion) that You are abusing Flight Pass, then OT reserves full right to cancel Your Flight Pass, future bookings created using the Flight Pass and will process the refund of the unutilized Flight Pass Price minus the administration fees within 30 business days from said cancellation without any further liability. Flight Pass abuse may include, but not limited to, purposefully using the Flight Pass only when the difference between the Airline ticket price and Flight Pass Price on a given flight is quite high, abusing the conditions listed on the Flight Pass, creating multiple bookings, unusually high change/cancellation ratio for the bookings created etc. You unconditionally agree that you fully understand agree that in this scenario, the overall and total liability of OT is limited to the refund of the unutilized Flight Pass Price minus the administration fees and loss caused due to such abuse.
25) SPECIAL ATTENTION FOR ALITALIA FLIGHT PASS (TRAVEL PASS) CUSTOMERS:
i) When You Purchase a Flight Pass (or Travel Pass as is called in case of Alitalia), the payment received by OT is remitted to Alitalia (AZ) at a specified frequency. You acknowledge that OT acts as a medium and enabler between You and AZ for Flight Pass (Travel Pass), however, the sole responsibility of the Flight Pass (Travel Pass) Price refund lies with AZ as OT transfers the Flight Pass funds to AZ.
ii) AZ has filed for Bankruptcy. In the event, AZ bankruptcy is approved or AZ becomes bankrupt, then You unconditionally agree that OT has NO further liability towards You with respect to Your Flight Pass (Travel Pass) and You would need to contact AZ for all Your refunds and queries. You agree unconditionally that You will NOT sue or bring a lawsuit against OT or will make OT a party to Your lawsuit for recovery of Your Flight Pass (Travel Pass) Price from AZ.
iii) It is expressly clarified and agreed that OT will NOT have any liability towards Your Flight Pass (Travel Pass ) and in case of bankruptcy, in any circumstances whatsoever, You CANNOT claim a refund from OT. The complete liability for refund of Your unutilized Flight Pass (Travel Pass) Price will rest on AZ and You agree to contact AZ for said refund.
26) Flight Pass Option ("FPo") Terms and Conditions (" FPo Terms") for customers purchasing FPo for British Airways flights:
When you buy a Flight Pass Option (FPo) to travel on a flight, you enter into a contract with British Airways Plc. Your ticketed booking is governed by British Airways' General Conditions of Carriage, the conditions in your ticket or itinerary and receipt, any tariffs which apply, and our regulations.
The FPo Service is administered by Optiontown Ireland Limited, an Ireland limited liability company ("OT", d/b/a Optiontown) having its registered address at Mespil Business Center, Mespil House, Sussex Road, Dublin 4, Ireland, along with Tenon & Groove, LLC, a Massachusetts Limited Liability Corporation, having its registered address at 1416 Boston Providence TPKE STE 227, Norwood, MA 02062, USA (both jointly referred to as "OT") on behalf of British Airways Plc.
Please note that these FPo Terms, together with the Optiontown Terms of Service constitute the entire agreement between You, OT and British Airways Plc. In the event of any contradiction between the Optiontown Terms of Service and these FPo Terms, these FPo Terms shall prevail. :
DEFINITIONS
"Advance Booking" refers to minimum number of days before your Journey, You can make a request to Optiontown for your flight booking.
"Cabin" refers to Travel Class e.g. Economy, Euro Traveller, Business Class, Club Europe, Domestic.
"Customer" refers to one or more persons that travel on British Airways Plc and who has signed for one or more of the OT Services.
"Eligible Traveller(s)" refers to total number of distinct passengers who can take the advantage of FPo to book Flights and fly. Choose more passengers in order to provide Flight Pass accessibility to more people.
"Flight" or "Flights" refers to the flights operated, marketed, designated or any combination thereof by British Airways Plc.
"Flight Pass" refers to pass provided by Optiontown under FPo Service to its Customers which makes them eligible to book Flights falling under criterions mentioned in these FPo terms.
"FPo" refers to your Flight Pass Option.
"FPo Service" refers to Flight Pass Option, the service being facilitated by Optiontown on behalf of British Airways Plc.
"Journey" refers to a segment of Flights that may have more than one Flight (like a segment may have both outbound and return Flights or may have connecting Flights).
"Number of Flights" refers to the number of Flights you can take between selected destinations.
"Optiontown" refers to the brand name and "www.optiontown.com" refers to the domain name and website of OT.
"OT Services" comprises of the various services offered by OT, wherein each such service is in general referred to as "OT Service". Flight Pass Option Service or Flight Pass Option or FPo Service or FPo is the OT Service being offered to British Airways Plc Customers.
"Validity" refers to Time period in which You can book Flights and fly using your Flight Pass.
"You" refers to a Guest/Visitor, Customer, Member and/or any combination thereof.
"Zone" refers to Destination pairs (cities/countries) for which Flight Pass is valid.
CONDITIONS
1) Purchase of FPo and subsequent exchange of FPo for ticketed bookings can only be done through the Optiontown website or the Optiontown call centre. You will NOT be able to purchase or make changes to your FPo, or any flights booked using your FPo, through ba.com, British Airways call centres or ticket desks.
2) Upon completing your FPo purchase, you:
a. get the right to book and fly on 'X' flights for the selected 'Zone' within the 'Validity' of the Flight Pass. (Where X= Number of Flights you have chosen while purchasing the Flight Pass);
b. can NOT opt out of the FPo program;
c. can NOT edit the NAMEs and DATE OF BIRTHs of the added passengers. However, you can add new passengers until the maximum limit of Eligible Traveler(s) is reached, this must be done within 24 hours of FPo purchase unless the Customer has purchased the 'Freedom Option' in which case it can be done until the maximum limit of Eligible Traveler(s) is reached;
d. can NOT change the Flight Pass parameters (Zone, Number of Flights, Cabin, Validity, Advance Booking and Eligible Traveler(s)) which you have selected during the purchase;
e. Can add SSRs (Special Service Requests) to your flight from British Airways Plc directly.
3) You agree and understand that the real time price may be lower or higher than the regular price displayed, hence the savings may be more or less than the displayed amount. You agree and confirm unconditionally that you have taken the informed decision with the clear understanding and knowledge of the above. You irrevocably and unconditionally agree that you will not hold OT and/or British Airways Plc responsible in any manner whatsoever for any difference in regular prices and/or savings displayed and you cannot cancel the British Airways Plc or OT Services due to this.
4) FPo price includes base fare, taxes and fees for all the Flights purchased.
5) FPo prices may vary across different Customers whether booked on the same Flight and having the same parameters.
6) FPo price is NON-cancellable and NON-refundable. NO refund shall be granted, even if you fail to use all your Flights.
7) FPo is only available for use by adults and children over 2 years of age. FPo price is NON-discountable for children.
8) FPo is NOT transferable, and cannot be sold or exchanged for cash. The Journey entitlement under a FPo cannot be altered except as notified otherwise by British Airways Plc.
9) Specific policies and rules, if applicable to British Airways Plc, will be displayed under the FPo Terms and Conditions and would accordingly be applicable to you.
10) No portion of the total FPo price will be refunded in case of any unused Flight credits.
11) Once a FPo has been exchanged for a ticketed Flight booking, Flights are NON-changeable and NON-refundable, except if Customers purchase the 'Freedom Option' which allows Customers to change the time and date of travel to ticketed destination, subject to availability. In all circumstances the FPo remains NON-refundable.
12) The FPo is only available to Executive Club members who have been contacted by British Airways Plc in connection with the offer. Subject to the Customer providing their Executive Club membership card details, flown bookings are eligible for Avios and tier point credit at the levels published in the scheme rules, at the rates for discounted fares. On Business accrual is NOT permitted. Upgrade using Avios or Executive Club Gold Guest List Vouchers are NOT available or usable with the Optiontown FPo product.
13) For Customers who purchase FPo through the installment option, the deposit amount is NOT refundable in the event that you decide to cancel your booking. 14) The total FPo amount paid will appear in the form of two different charges. One charge will appear in the name of British Airways Plc. The second charge will appear in the name of Optiontown. The Customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
15) To the extent permissible by local law or regulation these FPo Terms shall be governed by and construed in accordance with English law. British Airways Plc and each Customer submits to the NON-exclusive jurisdiction of the English courts to resolve any disputes that may arise out of them.
16) If any provision of these FPo Terms are declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
17) British Airways Plc reserves the right to change these FPo Terms at any time.
AUTO RENEWAL CONDITIONS FOR OT SERVICES
If You have opted-in for Auto Renewal of any OT Service (such as a Flight Pass, Upgrade Pass, Bag Pass, Preferred Seat Pass, Lounge Pass, Empty Seat Pass, Priority Pass, etc.) then anytime up to 60 days before the expiry date of the purchased OT Service or later.
a. You will be charged the full price for OT Service automatically on your stored method of payment and then your OT Service will be renewed automatically for a new validity period, starting from the date of renewal.
b. At the time of renewal, if the price and conditions for the new renewed OT Service remains same as that of the previously purchased OT Service, then you will be charged the same price and your OT Service (with same conditions as that of previous OT Service) will be renewed automatically after the payment is processed successfully. However, at the time of renewal, if the price of the renewed OT Service has increased or any other parameter of the OT Service has changed, then OT customer care team will contact you to discuss the renewal with the customer before renewing the OT Service, and you will need to accept the new price and conditions of the renewal and only then the OT Service will be renewed.
c. The renewal payment will be processed automatically without requiring any input from the Customer except when price has increased or any other parameter, excluding Validity Period or Travel Period, has changed for renewed OT Service. The automatic payment for OT Service renewal will be charged through the mode of payment stored in your account or the mode of payment that was used at the time of previous transaction either related to the original purchase, or any other purchase done after the original purchase. The renewal will be processed only after renewal payment is received in full. In the event, we are unable to charge full price on your stored method of payment for any reason, then the customer will be contacted for providing a new method of payment and then renewal will be processed after a new method of payment is received from the customer and the payment is charged successfully for the complete amount.
d. The OT Service renewal may happen in the form of a purchase of a new OT Service that is identical to the OT Service being renewed or has been approved by the customer (in the event of modified conditions and/or price) except with a renewed validity period. The renewed validity period will have the start date as the date of the renewal. The expiry date of the renewed OT Service will be set so that the total validity period duration for renewed OT Service is same as that of the OT Service being renewed.
e. All renewed OT Services are non-refundable and non-cancellable. You are unconditionally agreeing to accept the renewal of OT Service and cannot raise a claim for cancellation or refund of such renewal payment after an OT Service has been renewed. You can raise a request with the OT customer care team "before" the expiry date of the current OT Service if you wish to cancel the Auto Renewal. However, if you contact us after the OT Service renewal has been processed, then your refund or cancellation request will be denied.
f. You may opt-in for Auto Renewal either by checking the Auto Renewal check-box on the OT website or by making such a request through Optiontown Customer Care team via email, phone, or online chat.
ESo Service
1) Upon completing ESo Sign-up, you
a. cannot opt out of the ESo and cannot change any of the selected Empty Seat Option(s);
b. authorize OT to assign Empty Seat(s) to you, at the sole and unfettered discretion of OT; and
c. have agreed to pay ESo Sign-up Price and Empty Seat Price. ESo Sign-up Price is Non-Refundable. If you are not assigned Empty Seat(s) in a flight, Empty Seat Price for that flight will be automatically refunded within 5 (five) business days after the flight departure.
2) In the event OT assigns you Empty Seat(s),
a. you will be entitled to use the assigned Empty Seat(s) for passengers already included in your booking at the time of ESo Sign-up;
b. Empty Seat Price charged for that flight will not be refunded under any circumstances whatsoever;
c. For passengers who sign-up for 4 Empty Seat Option, an attempt will be made to assign 2 adjacent rows (either one behind or in the front or the adjacent row), however, it is not guaranteed. d. you cannot bring any additional passenger with you on the assigned Empty Seat(s);
e. your original seat selection may no longer be valid upon assignment of Empty Seat(s) by OT. Reasonable efforts will be made to assign you a seat similar to your Original Seat, however, it is not guaranteed; and
f. you will be informed about the Empty Seat Assignment on the email address provided by you at least 4 (four) hours prior to departure of that flight. We strongly recommend you to regularly check your email and regularly check the status of your Empty Seat Assignment by visiting us at www.optiontown.com or by contacting your airline (via phone or at the airport). However, you agree not to hold OT responsible for your failure to check email and/or email not reaching you for any reason whatsoever.
3) Specific policies and rules, if applicable to your airline partner, will be displayed under the ESo Rules and would accordingly be applicable to you.
4) Empty Seat Assignment is only for the passengers traveling on that particular PNR on which Empty Seat Assignment is processed by OT. You cannot bring an additional passenger if you are assigned Empty Seat(s) by OT.
5) Your original seat selection may no longer be valid upon assignment of Empty Seat(s) by OT. Reasonable efforts will be made to assign you a seat similar to your Original Seat, however, it is not guaranteed. OT is not liable for any amount paid by you for the original seat selection/assignment to the airline and/or to any other party. Said amount may or may not be refunded depending upon the policies of the entity to whom said amount is paid. You agree unconditionally not to hold OT liable under any circumstance whatsoever to refund or pay back or adjust that amount paid for original seat selection/assignment. You further agree that in the event OT at its sole discretion decides to assign you one or more empty seats, such empty seat will not be from the premium category of the seats for which you may have earlier selected and/or paid to the airline or any third entity.
6) Payment of ESo Sign-up Price and Empty Seat Price does not guarantee that you will be assigned Empty Seat(s). ESo Sign-up Price is the amount charged for availing the ESo Service and will not be refunded in any circumstance whatsoever, including without limitation, if you are not assigned any or one or more Empty Seat(s).
7) If you are not assigned Empty Seat(s) in a flight, Empty Seat Price for that flight will be automatically refunded within 5 (five) business days after the flight departure. Empty Seat Price paid, if any, for any remaining flight(s) shall continue to remain with OT and only in the event that you are not assigned Empty Seat (s) on any such flight, the Empty Seat Price for that flight will be refunded within 5 (five) business days after the flight departure. Empty Seat Price will not be refunded in any other circumstances whatsoever.
8) You consent and fully understand that the Empty Seat Price paid on any flight in your Itinerary shall remain with OT and only if you are not assigned Empty Seat(s) on said flight said Empty Seat Price will be refunded within 5 (five) business days of departure of said flight. You further consent and understand that you cannot claim and/or demand refund of the Empty Seat Price paid on any flight, from OT and/or from any of its Affiliates and/or from its Business Partner, before 5 (five) business days from the departure of said flight.
9) Once you sign-up for ESo, you cannot opt out of ESo at any stage and under any circumstances whatsoever. Further, you consent that you cannot withdraw your authorization given to OT to assign you Empty Seat(s) and once you are assigned Empty Seat(s), your Empty Seat Price for that flight will not be refunded under any circumstance whatsoever.
10) In the event, you change your itinerary after you have been assigned Empty Seat(s) by OT, OT, at its sole and unfettered discretion, may choose to shift your Empty Seat Assignment on your changed itinerary provided the charges, fees, taxes etc as imposed by OT have been paid in full. However, you agree and consent that OT is not at all obligated to shift the Empty Sear Assignment from original itinerary to the changed itinerary in any circumstance what so ever.
11) In the event you split your itinerary in more than one itineraries for different customers, OT may try to process the original Empty Seat Assignment request on all the PNRs created after the split. However, OT in its sole and unfettered discretion may assign Empty Seat(s) only the original itinerary and may not process the Empty Seat Assignment on the itineraries created after split. You consent and agree that it is your duty to inform OT in writing regarding any changes including, without limitation, splitting of the itinerary being made to your reservation in order for OT to process the Empty Seat Assignment request accordingly. This however does not prevent OT's right to process the Empty Seat Assignment suo moto based on the original itinerary to all new and/or changed itineraries.
12) You consent and agree that no interest shall be paid on the Empty Seat Price paid by you under any circumstances whatsoever, including without limitation, you not being assigned any Empty Seat.
13) You need to contact your airline if you desire to make changes or if your airline makes any changes to your flight prior to OT assigning you Empty Seat(s) and in all such cases, normal policies of your airline shall apply.
14) You need to contact your airline if you desire to make changes or if your airline makes any changes to your flight after OT has assigned Empty Seat(s) to you and in all such cases, normal policies of your airline shall apply. Notwithstanding anything contained to the contrary herein, once you are assigned Empty Seat(s) by OT and you make any changes to your flight, Empty Seat Price will not be refunded under any circumstance whatsoever.
15) You consent and agree that in case you make any change(s) in your itinerary for any reason(s) whatsoever, OT may choose not to assign you Empty Seat(s). OT may ask you to pay additional price, fees, charges, taxes, etc. for such shifting of Empty Seat Assignment request in these circumstances and only after payment of such additional price, fees, charges, taxes, etc., OT may choose to shift the Empty Seat Assignment request from the original flight to the changed flight. However, OT, in its sole and absolute discretion, may choose to shift the Empty Seat Assignment request from original flight to the changed flight whether or not the payment for additional price, fees, charges, taxes, etc. have been made.
16) You consent and agree that in case you make any change(s) in your itinerary for any reason(s) whatsoever, OT may in its sole and unfettered discretion choose to assign you Empty Seat(s) on the changed itinerary and you cannot claim in any circumstance whatsoever, to be or not to be assigned Empty Seat(s) on the changed itinerary.
17) ESo Prices may vary across different Customers whether booked on the same flight and same Original Class or otherwise or whether or not choosing the same number of Empty Seat(s) to be assigned.
18) You agree that OT has the sole and unfettered right to refuse or cancel any Empty Seat Assignment whether or not the Empty Seat Assignment has been confirmed and/or your credit card has been charged for the Empty Seat Price. In the event, your credit card has already been charged for the Empty Seat Price and your Empty Seat Assignment is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the Empty Seat Price only within 30 (thirty) business days from the day said Empty Seat Assignment is cancelled by OT.
19) The web check-in service may no longer be available to the customer once he/she is assigned Empty Seat(s) using ESo and the customer may have to check with the respective OT's Business Partner for the same at the airport to get the Empty Seat Assignment. OT in under no circumstance will be held liable for your failure to check with your Airline at the airport regarding said Empty Seat Assignment.
20) Assigned Empty Seat(s) will have limited facilities such as no additional meal, no extra passenger to be seated, no additional baggage allowance etc. OT is not liable for in any manner whatsoever in respect to such facilities on the assigned Empty Seats which continue to remain sole responsibility of its Business Partner. We strongly recommend you to check with your specific Airline regarding the facilities that may be utilized or availed on the assigned Empty Seat(s).
21) The refunds for a flight on which Empty Seat(s) was not assigned to the Customer will be processed in the currency in which they were originally charged by OT and will be done at the prevailing exchange rate at the time of refund. The prevailing exchange rate may be adjusted due to conversion and other charges which OT may levy from time to time. The refund of the Empty Seat Price for a flight is always subject to the maximum of the Empty Seat price paid in the original currency by a Customer for said flight.
22) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
23) OT can only issue the refund on the same mode of payment (e.g. credit/debit card etc.) used at the time of making the payment to OT. In the event your mode of payment used at the time of payment to OT (such as during ESo Sign-up or at any other time) is blocked, non-existent, canceled or revoked etc., you here by understand and agree unconditionally that OT will process the refund only on the PayPal account which is associated with the email address used by you during the ESo Sign up process. Following fees and charges will be deducted while making the refund in this case - a) a service fee of USD 15 (US Dollars Fifteen only), b) payment (e.g., credit/debit/paypal etc.) processing fees that was charged to OT at the time such payment was made by you, c) refund processing fees that will be charged to OT for refunding such payment and d) any other fees or charges or taxes that OT may have to incur or bear for any of the transactions relating to this. You consent, agree, acknowledge and provide your irrevocable consent for deduction of such charges in this case.
24) In the event, a Customer is disputing any Empty Seat Assignment being denied or not provided/received, the customer must present the boarding pass for said flight. The customer hereby agrees unconditionally that to claim any Empty Seat Assignment being denied, the customer will present a copy of the boarding pass at the time of raising any such dispute. The customer unconditionally relinquishes any or all of his rights of dispute in favor of OT in the event the customer is unable to provide a copy of the boarding pass for said flight. The customer further agrees that he/she will not hold OT responsible and/or liable in any manner whatsoever for any such denied Empty Seat Assignment where the customer is unable to provide a copy of the boarding pass. The customer also undertakes to contact OT customer service immediately through one or more phone numbers mentioned on the website in the event customer becomes aware that he or she is denied Empty Seat Assignment by the airline, even after receiving an Empty Seat Assignment confirmation from OT. Any failure in informing OT about said rejection incapacitates OT's ability to check with the airline and to take necessary remedial measures in restoring the Empty Seat Assignment and hence in such case NO refund for the Empty Seat price will be processed for the customer. The Customer also agrees and undertakes to raise any or all disputes within 7 business days of the flight departure for which such dispute is being raised. The Customer unconditionally agrees that NO dispute for any flight can be raised or filed after 7 business days from the departure of said flight.
25) Special conditions in respect of Spicejet Customers -- Your original seat selection may NO longer be valid upon assignment of Empty Seat(s) by OT. In the event, you have purchased Premium Seats from Spicejet, at the time of signing up of the option you unconditionally agree to the following:
a) If Empty Seat(s) are assigned to you, there will NOT be any refund for any price paid for Premium Seat (to SpiceJet or to a third party), and OT and/or Spicejet is/are not liable for refund of any such amount. You agree to not to hold OT and/or Spicejet liable under any circumstance whatsoever to refund or pay back or adjust that amount paid for Premium Seats.
b) In the event OT, at its sole discretion, decides to assign you one or more empty seats, such empty seat(s) WILL NOT be from the Premium category of the seats which you have earlier selected and/or paid to Spicejet or any third entity.
26) You further agree unconditionally that in the event the option is granted to you based on your Sign up for the option and if you have already checked in, OT may require to uncheck you from one or more of your flights and you will have to check-in again for your flight after the option is granted. You consent and agree unconditionally to NOT to hold OT and/or Spicejet liable for any reason whatsoever for you to do again check in yourself after the option is granted.
MBo Service
1) Upon completing MBo Sign-up, you
a. cannot opt out of the MBo program and cannot change the selected MBo Flight;
b. authorize OT to rebook you, at the sole discretion of OT, to the selected MBo Flight;
c. will inform OT of your decision to rebook to MBo Flight before the selected MBo Freedom deadline which OT will confirm to you of having received your decision to rebook via email provided by you, and you will be solely responsible to keep yourself updated with the email and alter your travel plans accordingly;
d. agree not to hold OT responsible for your failure to check e-mail or e-mail not reaching you for any reason whatsoever; and
e. agree not to hold OT responsible for your failure to update or your attempt to update not registering in OT's records for any reason whatsoever.
2) In the event you rebook yourself to the selected MBo Flight, you relinquish your right to travel on your Original Flight irrevocably.
3) You need to contact your airline directly, if you desire to make changes to your Original flight (prior to OT rebooks you to the selected MBo Flight) or to your MBo Flight (after OT has rebooked you to the selected MBo Flight) and in all such cases, normal airline change policies shall apply.
4) In the event of one Customer from a group of Customers associated with a common booking reference (PNR) signs up for MBo, it shall be binding on and applicable to all said Customers. OT will rebook all said Customers together and all said Customers, at the sole and unfettered discretion of OT, agree to be rebooked together to the flight that is chosen during MBo Signup.
5) If you make any change(s) to your booking for any reason(s) whatsoever, Optiontown may not rebook you to the Selected MBo Flight.
6) You continue to consent and agree to be bound by and comply with the Terms of Service and all terms defined therein shall continue to apply.
7) In the event you split your itinerary in more than one itinerary for different customers, OT may try to process the original MBo request on all the PNRs created after the split. However, OT in its sole and unfettered discretion may rebook only the original itinerary to the MBo Flight and may not rebook the itineraries created after split. You consent and agree that it is your duty to inform OT in writing regarding any changes including, without limitation, splitting of the itinerary being made to your reservation in order for OT to process the rebook request to MBo Flight accordingly. This however does not prevent OT's right to process the rebook to MBo Flight suo moto based on the original itinerary to all new and/or changed itineraries.
8) You consent and agree that no interest shall be paid on the MBo Price paid by you under any circumstances whatsoever, including without limitation, you not being rebooked to the flight that you have chosen during MBo Signup.
9) MBo Prices may vary across different Customers whether booked on the same flight and same Original Class or otherwise or whether or not choosing the same selected MBo Flight or otherwise.
10) You agree that OT has the sole and unfettered right to refuse or cancel any rebook whether or not being rebooked to the chosen flight has been confirmed and/or your credit card has been charged for the MBo Price. In the event, your credit card has already been charged for the MBo Price and your rebooking to the desired flight is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the MBo Price only within 30 (thirty) business days from the day said rebooking of the chosen flight is canceled by OT.
11) The web check-in service may no longer be available to the customer once he/she is rebooked using MBo and the customer has to check with the respective OT's Business Partner for the same.
12) Notwithstanding anything to the contrary contained herein, one or more services with OT's Business Partner to which a customer may be entitled to may become unavailable to the customer at any of the following time periods: a) prior to signing up for the MBo Service, b) after signing up for MBo Service but before getting rebooked and/or c) after getting rebooked to the chosen flight. This may include, but are not limited to, the meals service, aircraft type and amenities relating to the aircraft and the lounge access. The customer expressly agrees not to hold OT responsible in any manner whatsoever for non-availability of any one or more of the services at any of the time periods mentioned above. The customer further agrees that it is the complete and sole responsibility of the customer to check with the Business Partner regarding availability of any service and not to hold OT and/or its Business Partner liable in any manner whatsoever for withdrawal of one or more services.
13) No refunds will be processed even if you choose to remain on the original flight after completing MBo Sign-up.
14) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
15) In the event you opt for more than one OT Services on your flight, you unconditionally and irrevocably agree and consent to Optiontown's sole and unfettered discretion to assign you or not to assign one or more OT Services that you may have opted for on your flight as per Optiontown's own choice, decision and discretion. You further consent and understand that you cannot ask and/or demand and/or force Optiontown to assign any one or more particular OT Services to you.
16) OT will make commercially reasonable best efforts to provide you with the MBo Flight. You agree unconditionally that OT has sole and unfettered discretion to cancel your selection of MBo flight in certain exceptional cases including without limitation, irregular operations, operational reasons, optimization. In the unlikely event that OT has to use its discretionary powers to cancel your MBo sign up, then OT will refund your entire price paid for that particular flight (Sign up as well as MBo Price) and will at least inform you 24 hours prior to the departure of your original flight or MBo flight whichever is earlier. You agree and consent unconditionally that OT's sole liability to you is the amount (Sign up and MBo Price) that you have paid for that particular flight in the event MBO Flight is not assigned to you. You agree and consent to not to hold OT responsible in any manner what so ever apart from the Sign up Price and MBo Price paid by you for that flight.
PFo Service
1) Upon completing PFo Sign-up, you
a. cannot opt out of the PFo program and cannot change the selected PFo Flight;
b. authorize Optiontown to rebook you, at the sole discretion of Optiontown, to the selected PFo Flight;
c. will be informed about the flight rebook before the selected Preferred Flight Notification deadline via email provided by you, and will be solely responsible to keep yourself updated with the email and alter your travel plans accordingly; and
d. agree not to hold Optiontown responsible for your failure to check e-mail or e-mail not reaching you for any reason whatsoever.
2) In the event Optiontown rebooks you to the selected PFo Flight, you lose the right to travel on the Original Flight.
3) You need to contact your airline directly, if you desire to make changes to your Original Flight (prior to Optiontown rebooking you to the selected PFo) or to your PFo Flight (after Optiontown has rebooked you to the selected PFo Flight) and in all such cases, normal airline change policies shall apply. Notwithstanding anything contained to the contrary herein, once you are assigned your PFo by OT and you make any changes to your flight, PFo Price will not be refunded under any circumstance whatsoever.
4) In the event of one Customer from a group of Customers associated with a common booking reference signs up for PFo, it shall be binding on and applicable to all such Customers associated with such booking reference and all such Customers shall, at the sole discretion of Optiontown, agree to be rebooked together to the selected PFo Flight.
5) If you make any change(s) to your booking for any reason(s) whatsoever, Optiontown may not rebook you to the Selected PFo Flight. OT may ask you to pay additional price, fees, charges, taxes, etc. for such shifting of PFo request in these circumstances and only after payment of such additional price, fees, charges, taxes, etc., OT may choose to shift the PFo request from the original flight to the changed flight. However, OT, in its sole and absolute discretion, may choose to shift the PFo request from original flight to the changed flight whether or not the payment for additional price, fees, charges, taxes, etc. have been made.
6) You continue to consent and agree to be bound by and comply with the Terms of Service and all terms defined therein shall continue to apply.
7) In the event you split your itinerary in more than one itinerary for different customers, OT may try to process the original PFo request on all the PNRs created after the split. However, OT in its sole and unfettered discretion may rebook only the original itinerary and may not process the request for rebooking to PFo Flight on the itineraries created after split. You consent and agree that it is your duty to inform OT in writing regarding any changes including, without limitation, splitting of the itinerary being made to your reservation in order for OT to process the request to rebook to the PFo Flight accordingly. This however does not prevent OT's right to process the rebook to the PFo Flight suo moto based on the original itinerary to all new and/or changed itineraries.
8) You consent and agree that no interest shall be paid on the PFo Price paid by you under any circumstances whatsoever, including without limitation, you not being rebooked to the flight that you have chosen during PFo Signup.
9) PFo Prices may vary across different Customers whether booked on the same flight and same Original Class or otherwise or whether or not choosing the same selected PFo or otherwise.
10) You agree that OT has the sole and unfettered right to refuse or cancel any rebook whether or not the rebooking to the chosen flight has been confirmed and/or your credit card has been charged for the PFo Price. In the event, your credit card has already been charged for the PFo Price and your rebooking to the desired flight is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the PFo Price only within 30 (thirty) business days from the day said rebooking of the chosen flight is canceled by OT.
11) The web check-in service may no longer be available to the customer once he/she is rebooked using PFo and the customer has to check with the respective OT's Business Partner for the same.
12) Notwithstanding anything to the contrary contained herein, one or more services with OT's Business Partner to which a customer may be entitled to may become unavailable to the customer at any of the following time periods a) prior to signing up for the PFo Service, b) after signing up for PFo Service but before getting rebooked and/or c) after getting rebooked to the chosen flight. This may include, but are not limited to, the meals service, the aircraft type and amenities relating to the aircraft and the lounge access. The customer expressly agrees not to hold OT responsible in any manner whatsoever for non-availability of any one or more of the services at any of the time periods mentioned above. The customer further agrees that it is the complete and sole responsibility of the customer to check with the Business Partner regarding availability of any service and not to hold OT and/or its Business Partner liable in any manner whatsoever for withdrawal of one or more services.
13) The refunds for a flight on which a Customer does not get rebooked to the desired flight, will be processed in the currency in which they were originally charged by OT and will be done at the prevailing exchange rate at the time of refund. The prevailing exchange rate may be adjusted due to conversion and other charges which OT may levy from time to time. The refund of the PFo Price for a flight is always subject to the maximum of the PFo Price paid in the original currency by a Customer for said flight.
14) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
15) OT can only issue the refund on the same mode of payment (e.g. credit/debit card etc.) used at the time of making the payment to OT. In the event your mode of payment used at the time of payment to OT (such as during PFo Sign-up or at any other time) is blocked, non-existent, canceled or revoked etc., you here by understand and agree unconditionally that OT will process the refund only on the PayPal account which is associated with the email address used by you during the PFo Sign up process. Following fees and charges will be deducted while making the refund in this case
a) a service fee of USD 15 (US Dollars Fifteen only), b) payment (e.g., credit/debit/paypal etc.) processing fees that was charged to OT at the time such payment was made by you, c) refund processing fees that will be charged to OT for refunding such payment and d) any other fees or charges or taxes that OT may have to incur or bear for any of the transactions relating to this. You consent, agree, acknowledge and provide your irrevocable consent for deduction of such charges in this case.
16) In the event you opt for more than one OT Services on your flight, you unconditionally and irrevocably agree and consent to Optiontown's sole and unfettered discretion to assign you or not to assign one or more OT Services that you may have opted for on your flight as per Optiontown's own choice, decision and discretion. You further consent and understand that you cannot ask and/or demand and/or force Optiontown to assign any one or more particular OT Services to you.
XBo Service
1) Upon completing XBo Sign-up, you
a. cannot opt out of XBo and cannot change any of the selected Xtra Baggage (s);
b. authorize Optiontown to assign Xtra Baggage to you, at the sole discretion of Optiontown;
c. have agreed to pay XBo Sign-up Price and Xtra Baggage Price. XBo Sign-up Price is Non-Refundable. If you are not assigned Xtra Baggage by Optiontown, Xtra Baggage Price will be automatically refunded within 5 business days after the flight departure; d. agree not to hold OT responsible for your failure to check e-mail or e-mail not reaching you for any reason whatsoever; and
e. agree not to hold OT responsible for your failure to update or your attempt to update not registering in OT's records for any reason whatsoever.
2) In the event Optiontown assigns you the selected XBo Baggage,
a. You will be entitled to carry the extra Bags assigned to you with a maximum limit of 23KG per each extra Bag;
b. 'bags' refer to checked-in baggage only since hand baggage allowance come under different policies;
c. the standard dimensions of checked-in baggage in terms of height, length and width (depth) are 90 cm, 75 cm and 43 cm respectively;
d. you cannot carry more than 3 extra Bags per passenger;
e. if the size and/or weight of your Bag(s) is more than the specified limit, additional charges may apply at the airport;
f. if you decide not to carry extra baggage as per the assigned XBo, your XBo price will not be refunded; and
g. you will be informed about the XBo assignment on the email address provided by you.
3)You need to contact your airline if you desire to make changes or if your airline makes any changes to your flight before/after Optiontown assigns Xtra Baggage to you. In all such cases, normal policies of your airline shall apply. In the event you make any changes in your itinerary, Optiontown may choose not to assign Xtra Baggage to you. Notwithstanding anything contained to the contrary herein, once you are assigned Xtra Baggage by OT and you make any changes to your flight, Xtra Baggage Price will not be refunded under any circumstance whatsoever.
4) In the event of one Customer from a group of Customers associated with a common booking reference (PNR) signs up for XBo, it shall be binding on and applicable to all said Customers. OT will assign XBo to all said Customers together.
5) If you make any change(s) to your booking for any reason(s) whatsoever, Optiontown may not assign you Selected XBo to the selected flight.
6) You continue to consent and agree to be bound by and comply with the Terms of Service and all terms defined therein shall continue to apply.
7) Payment of XBo Sign-up Price and Xtra Baggage Price does not guarantee that you will be assigned extra Baggage. XBo Sign-up Price is the amount charged for availing the XBo Service and will not be refunded in any circumstance whatsoever, including without limitation, if you are not assigned any or one or more extra baggage.
8) If you are not assigned Xtra Baggage in a flight, Xtra Baggage Price for that flight will be automatically refunded within 5 (five) business days after the flight departure. Xtra Baggage Price paid, if any, for any remaining flight(s) shall continue to remain with OT and only in the event that you are not assigned Xtra Baggage on any such flight, the Xtra Baggage Price for that flight will be refunded within 5 (five) business days after the flight departure. Xtra Baggage Price will not be refunded in any other circumstances whatsoever. You further consent and understand that you cannot claim and/or demand refund of the Xtra Baggage Price paid on any flight, from OT and/or from any of its Affiliates and/or from its Business Partner, before 5 (five) business days from the departure of said flight. You consent and agree that no interest shall be paid on the Xtra Baggage Price paid by you under any circumstances whatsoever, including without limitation, you not being assigned any Xtra Baggage.
9) Once you sign-up for XBo, you cannot opt out of XBo at any stage and under any circumstances whatsoever. Further, you consent that you cannot withdraw your authorization given to OT to assign you Xtra Baggage(s) and once you are assigned Xtra Baggage, your Xtra Baggage Price for that flight will not be refunded under any circumstance whatsoever.
10) In the event, you change your itinerary after you have been assigned Xtra Baggage by OT, OT, at its sole and unfettered discretion, may choose to shift your Xtra Baggage on your changed itinerary provided the charges, fees, taxes etc as imposed by OT have been paid in full. However, you agree and consent that OT is not at all obligated to shift the Xtra Baggage from original itinerary to the changed itinerary in any circumstance what so ever.
11) XBo Prices may vary across different Customers whether booked on the same flight and same Original Class or otherwise or whether or not choosing the same number of Xtra Baggage to be assigned.
12) You agree that OT has the sole and unfettered right to refuse or cancel any Xtra Baggage Assignment whether or not the Xtra Baggage has been confirmed and/or your credit card has been charged for the XBo Price. In the event, your credit card has already been charged for the XBo Price and your Xtra Baggage assignment is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the XBo Price only within 30 (thirty) business days from the day said Xtra Baggage Assignment is canceled by OT.
13) The refunds for a flight on which Xtra Baggage was not assigned to the Customer will be processed in the currency in which they were originally charged by OT and will be done at the prevailing exchange rate at the time of refund. The prevailing exchange rate may be adjusted due to conversion and other charges which OT may levy from time to time. The refund of the XBo Price for a flight is always subject to the maximum of the XBo Price paid in the original currency by a Customer for said flight.
14) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
15) OT can only issue the refund on the same mode of payment (e.g. credit/debit card etc.) used at the time of making the payment to OT. In the event your mode of payment used at the time of payment to OT (such as during XBo Sign-up or at any other time) is blocked, non-existent, canceled or revoked etc., you here by understand and agree unconditionally that OT will process the refund only on the PayPal account which is associated with the email address used by you during the XBo Sign up process. Following fees and charges will be deducted while making the refund in this case - a) a service fee of USD 15 (US Dollars Fifteen only), b) payment (e.g., credit/debit/paypal etc.) processing fees that was charged to OT at the time such payment was made by you, c) refund processing fees that will be charged to OT for refunding such payment and d) any other fees or charges or taxes that OT may have to incur or bear for any of the transactions relating to this. You consent, agree, acknowledge and provide your irrevocable consent for deduction of such charges in this case.
LAo Service
1) Upon completing LAo Sign-up, you
a. cannot opt out of LAo and cannot change any of the selected Lounge Access;
b. authorize Optiontown to assign access to Lounge to you, at the sole discretion of Optiontown;
c. have agreed to pay LAo Sign-up Price and Lounge Access Price. LAo Sign-up Price is Non-Refundable. If you are not assigned access to Lounge by Optiontown, Lounge Access Price will be automatically refunded within 5 business days after the flight departure;
d. agree not to hold OT responsible for your failure to check e-mail or e-mail not reaching you for any reason whatsoever; and
e. agree not to hold OT responsible for your failure to update or your attempt to update not registering in OT's records for any reason whatsoever.
2) In the event Optiontown assigns you the selected Lounge Access,
a. You will be entitled to access the selected Lounge assigned to you;
b. certain airline rules and restrictions may still apply on the number of hours of usage of Lounge, number of passengers that can be granted access etc;
c. if you decide not to access the Lounge which has been assigned to you OT under LAo, your LAo Price will not be refunded; and
d. you will be informed about the lounge assignment on the email address provided by you.
3)You need to contact your airline if you desire to make changes or if your airline makes any changes to your flight before/after Optiontown assigns access to the selected lounge. In all such cases, normal policies of your airline shall apply. In the event you make any changes in your itinerary, Optiontown may choose not to assign Lounge Access option to you. Notwithstanding anything contained to the contrary herein, once you are assigned an access to the Lounge by OT and you make any changes to your flight, LAo Price will not be refunded under any circumstance whatsoever.
4) In the event of one Customer from a group of Customers associated with a common booking reference (PNR) signs up for LAo, it shall be binding on and applicable to all said Customers. OT will assign LAo to all said Customers together.
5) If you make any change(s) to your booking for any reason(s) whatsoever, Optiontown may not assign you the access to the selected Lounge.
6)You continue to consent and agree to be bound by and comply with the Terms of Service and all terms defined therein shall continue to apply.
7) Payment of LAo Sign-up Price and LAo Price does not guarantee that you will be assigned access to the lounge. LAo Sign-up Price is the amount charged for availing the LAo Service and will not be refunded in any circumstance whatsoever, including without limitation, if you are not assigned access to any or one or more of the selected lounges.
8) If you are not assigned access to Lounge, LAo Price for that flight will be automatically refunded within 5 (five) business days after the flight departure. LAo Price paid, if any, for any remaining flight(s) shall continue to remain with OT and only in the event that you are not assigned Lounge access for any such flight, the LAo Price for that flight will be refunded within 5 (five) business days after the flight departure. LAo Price will not be refunded in any other circumstances whatsoever. You further consent and understand that you cannot claim and/or demand refund of the LAo Price paid on any flight, from OT and/or from any of its Affiliates and/or from its Business Partner, before 5 (five) business days from the departure of said flight. You consent and agree that no interest shall be paid on the LAo Price paid by you under any circumstances whatsoever, including without limitation, you not being assigned any access to any lounges.
9) Once you sign-up for LAo, you cannot opt out of LAo at any stage and under any circumstances whatsoever. Further, you consent that you cannot withdraw your authorization given to OT to assign you lounge access and once you are assigned access to the lounge, your LAo Price for that flight will not be refunded under any circumstance whatsoever.
10) In the event, you change your itinerary after you have been assigned Lounge Access by OT, OT, at its sole and unfettered discretion, may choose to shift your access to lounge on your changed itinerary provided the charges, fees, taxes etc as imposed by OT have been paid in full. However, you agree and consent that OT is not at all obligated to shift the Lounge Access request from original itinerary to the changed itinerary in any circumstance what so ever.
11) LAo Prices may vary across different Customers whether booked on the same flight and same Original Class or otherwise.
12) You agree that OT has the sole and unfettered right to refuse or cancel any Lounge Access Assignment whether or not the access to lounge has been confirmed and/or your credit card has been charged for the LAo Price. In the event, your credit card has already been charged for the LAo Price and your access to lounge is canceled by OT for any reason whatsoever, OT will promptly process a credit to your credit card account in the amount of the charge of the LAo Price only within 30 (thirty) business days from the day said Lounge Access is canceled by OT.
13) The refunds for a flight on which Lounge Access was not assigned to the Customer will be processed in the currency in which they were originally charged by OT and will be done at the prevailing exchange rate at the time of refund. The prevailing exchange rate may be adjusted due to conversion and other charges which OT may levy from time to time. The refund of the LAo Price for a flight is always subject to the maximum of the LAo Price paid in the original currency by a Customer for said flight.
14) The charge may appear in the name of Optiontown, Optiontown.com, Tenon & Groove or Optiontown Ireland Limited or under any other name which OT may decide and apply from time to time. The customers agree that they cannot challenge or dispute a charge if the name appearing on the credit card statement is different than those mentioned above.
15) OT can only issue the refund on the same mode of payment (e.g. credit/debit card etc.) used at the time of making the payment to OT. In the event your mode of payment used at the time of payment to OT (such as during LAo Sign-up or at any other time) is blocked, non-existent, canceled or revoked etc., you here by understand and agree unconditionally that OT will process the refund only on the PayPal account which is associated with the email address used by you during the LAo Sign up process. Following fees and charges will be deducted while making the refund in this case - a) a service fee of USD 15 (US Dollars Fifteen only), b) payment (e.g., credit/debit/paypal etc.) processing fees that was charged to OT at the time such payment was made by you, c) refund processing fees that will be charged to OT for refunding such payment and d) any other fees or charges or taxes that OT may have to incur or bear for any of the transactions relating to this. You consent, agree, acknowledge and provide your irrevocable consent for deduction of such charges in this case.
Optiontown Upgrade Pass (UP) Service,
1) Upon completing Upgrade Pass (UP) purchase, you
a. cannot opt out of UP and cannot change any of the selected UP parameters defined in your Upgrade Pass, unless specified and OT has absolute discretion in allowing or rejecting any such change in the parameters;
b. will receive your designated number of Upgrade Credits, which you could redeem to Sign-up for Upgrade Travel Option (UTo) for upgrades on flights that satisfy the criteria included in your Upgrade Pass, including but not limited to, Travel Zone, Travel Period, Upgrade Type, Users and any other parameter defined in your Upgrade Pass;
c. agree that Upgrade Pass is non-cancellable and non-refundable; and
d. agree that any unused Upgrades will expire after your Travel Period ends and you will not receive any refund for such unused Upgrades, but you may extend your Travel Period before it ends by paying the applicable fees and charges under Manage My Pass section.
2) When you redeem your Upgrade Credits to Sign-up for Upgrade Travel Option (UTo), you will receive all standard services and amenities associated with the UTo Sign-up in your designated flight, which may be subject to change as per airline policy, and all the Upgrade Travel Option (UTo) Rules will apply, except as mentioned below:
a. you will NOT have to pay any UTo Sign-up price or Upgrade Price;
b. if you are not upgraded to the selected class in a flight by Optiontown, Upgrade Credits for that flight will be automatically added back to your Upgrade Pass; and
c. the Purchase of Upgrade Pass does not guarantee that you will be upgraded to your applied upgrade class.
3) Changes to one or more parameters of your Upgrade Pass are possible under Manage My Pass section. Fees & charges for these changes in Upgrade Pass are non-refundable and non-cancellable.
4) Key parameters for Optiontown Upgrade Pass
a. Travel Zone - Upgrade Pass can be used on airline operated flights (to/from) only on the routes and destinations defined in selected Travel Zone in your Upgrade Pass.
b. Number of Upgrade Credits - Defines the total number of upgrades that can be redeemed using the Upgrade Pass. One Upgrade Credit is required to redeem one upgrade per passenger per non-stop flight.
c. Upgrade Type - Defines the upgrade class to redeem upgrades
d. Travel Period - Upgrade Pass can be redeemed only on flights departing during selected Travel Period in your Upgrade Pass.
e. Users - Defines the eligible set of users who can redeem Upgrade Pass for upgrades. At least 1 eligible user must be traveling when redeeming upgrades on a given flight.
5) All other Terms, Conditions and rules mentioned in Upgrade Travel Option and Flight Pass Option above shall still continue to apply and govern Upgrade Pass, wherever applicable.
Optiontown Empty Seat Pass (ESP) Service
1) Upon completing Empty Seat Pass (ESP) purchase, you
a. cannot opt out of ESP and cannot change any of the selected ESP parameters defined in your Empty Seat Pass, unless specified and OT has absolute discretion in allowing or rejecting any such change in the parameters;
b. will receive your designated number of Empty Seat Credits, which you could redeem to Sign-up for Empty Seat Option (ESo) on flights that satisfy the criteria included in your Empty Seat Pass, including but not limited to, Travel Zone, Travel Period, Number of Empty Seats, Users and any other parameter defined in your Empty Seat Pass;
c. agree that Empty Seat Travel Pass is non-cancellable and non-refundable; and
d. agree that any unused Empty Seat Credits will expire after your Travel Period ends and you will not receive any refund for such unused Empty Seats, but you may extend your Travel Period before it ends by paying the applicable fees and charges under Manage My Pass section.
2) When you redeem your Empty Seat Credits to Sign-up for Empty Seat Travel Option (ESo), all the Empty Seat Travel Option (ESo) Rules will apply, except as mentioned below:
a. you will NOT have to pay any ESo Sign-up price or Empty Seat Price;
b. if you are not assigned Empty Seats in a flight by Optiontown, Empty Seat Credits for that flight will be automatically added back to your Empty Seat Pass; and
c. the Purchase of Empty Seat Pass does not guarantee that you will be assigned Empty Seats.
3) Changes to one or more parameters of your Empty Seat Pass can be done under Manage My Pass section. Fees & charges for these changes in Empty Seat Pass are non-refundable and non-cancellable.
4) Key parameters for Optiontown Empty Seat Pass
a. Travel Zone - Empty Seat Pass can be used on airline operated flights (to/from) only on the routes and destinations defined in selected Travel Zone in your Empty Seat Pass.
b. Number of Empty Seat Credits - Defines the total number of Empty Seats that can be redeemed using the Empty Seat Pass. One Empty Seat Credit is required to redeem one Empty Seat per non-stop flight. For example, a single passenger booking requires 2 Empty Seat Credits for 1 Empty Row (1 passenger plus 2 Empty Seats) and a two passenger booking requires 1 Empty Seat Credit for 1 Empty Row (2 passengers plus 1 Empty Seat).
c. Travel Period - Empty Seat Pass can be redeemed only on flights departing during selected Travel Period in your Empty Seat Pass.
d. Users - Defines the eligible set of users who can redeem Empty Seat Pass for Empty Seats. At least 1 eligible user must be traveling when redeeming Empty Seats on a given flight.
5) All Terms, conditions and rules mentioned in Empty Seat Option and Flight Pass Option above shall still continue to apply and govern Empty Seat Pass, wherever applicable.
Optiontown Preferred Seat Pass (PSP) Service
1) Upon completing Preferred Seat Pass (PSP) purchase, you
a. cannot opt out of PSP and cannot change any of the selected PSP parameters defined in your Preferred Seat Pass, unless specified and OT has absolute discretion in allowing or rejecting any such change in the parameters;
b. will receive your designated number of Preferred Seat Credits, which you could redeem to Sign-up for Preferred Seat Option (PSo) on flights that satisfy the criteria included in your Preferred Seat Pass, including but not limited to, Travel Zone, Travel Period, Number of Preferred Seats, Preferred Seat Type, Users and any other parameter defined in your Preferred Seat Pass;
c. agree that Preferred Seat Travel Pass is non-cancellable and non-refundable; and
d. agree that any unused Preferred Seat Credits will expire after your Travel Period ends and you will not receive any refund for such unused Preferred Seats, but you may extend your Travel Period before it ends by paying the applicable fees and charges under Manage My Pass section.
2) When you redeem your Preferred Seat Credits to Sign-up for Preferred Seat Travel Option (PSo), all the Preferred Seat Travel Option (PSo) Rules will apply, except as mentioned below:
a. you will NOT have to pay any PSo Sign-up price or Preferred Seat Price;
b. if you are not assigned Preferred Seats in a flight by Optiontown, Preferred Seat Credits for that flight will be automatically added back to your Preferred Seat Pass; and
c. the Purchase of Preferred Seat Pass does not guarantee that you will be assigned Preferred Seats.
3) Changes to one or more parameters of your Preferred Seat Pass can be done under Manage My Pass section. Fees & charges for these changes in Preferred Seat Pass are non-refundable and non-cancellable.
4) Key parameters for Optiontown Preferred Seat Pass
a. Travel Zone - Preferred Seat Pass can be used on airline operated flights (to/from) only on the routes and destinations defined in selected Travel Zone in your Preferred Seat Pass.
b. Number of Preferred Seat Credits - Defines the total number of Preferred Seats that can be redeemed using the Preferred Seat Pass. One Preferred Seat Credit is required to redeem one Preferred Seat per passenger per non-stop flight.
c. Preferred Seat Type - Defines the type of Preferred Seat (like Quiet Zone, Hot Seat) for which Preferred Seat Pass can be redeemed.
d. Travel Period - Preferred Seat Pass can be redeemed only on flights departing during selected Travel Period in your Preferred Seat Pass.
e. Users - Defines the eligible set of users who can redeem Preferred Seat Pass for Preferred Seats. At least 1 eligible user must be traveling when redeeming Preferred Seats on a given flight.
5) All Terms, conditions and rules mentioned in Preferred Seat Option and Flight Pass Option above shall still continue to apply and govern Preferred Seat Pass, wherever applicable.
OptionPass Rules
1.Upon completing OptionPass purchase, you can redeem your OptionPass to pay for products & services of total worth equal to the OptionPass Value from any of the sellers and their corresponding locations as listed in your OptionPass during the validity period, subject to other parameters as defined in your OptionPass.
2.When you redeem your OptionPass to pay for products & services from an enlisted Seller, you will receive all standard services and amenities (if any) associated with your purchased product & service, subject to regular policies of the said Seller.
3.Anytime before the expiry date, you can add any number of Users to your OptionPass subject to maximum user limit defined in your OptionPass.
4.Flexible Payment Plan Terms - If you have purchased your OptionPass with a flexible payment plan,
a.You agree to make timely payments for pending amounts prior to OptionPass redemption of corresponding value. Until you have made all of your payments, your corresponding OptionPass Value will be treated as "Locked Value" and said value will be released for redemption only after corresponding payments have been received.
b.The Bonus amount will be released based on the payments made. No Bonus will be released until 25% of the total payment has been made, and after that, only 30% of the proportionate Bonus amount will be released for the payments made. The remaining Bonus amount will be released only after the complete pending payment has been received and there is no dues remaining on that OptionPass.
c.The OptionPass down payment, if any, will be adjusted after all the remaining payments have been made.
5.Top-up Value, Changes and Cancellation Policy
a.Before the expiry date of your OptionPass, you may Top-up additional value in your OptionPass, make changes (like extend pass validity, increase user limit, replace user etc.) or cancel your OptionPass by visiting the Manage My Pass section online, subject to paying corresponding fees and charges. All fees and charges paid for any of said changes are non-refundable.
b.If you cancel your OptionPass, it will be subject to paying a cancellation fee and all unused bonus amount will be forfeited and will be non-refundable. You will receive a refund of the unused amount subject to deduction of cancellation fee and forfeit of all unused bonus amount.
c.Post the expiry date, additional fees will apply if any of above mentioned changes are done within 6 months after the expiry date ("Extension Period") of the OptionPass. All fees and charges paid for any of the said changes are non-refundable.
d.No changes or cancellation will be allowed after the end of Extension Period. Any unused OptionPass value, including the bonus amount, prepaid amount etc. at the end of Extension Period will be forfeited and will be non-refundable. You unconditionally agree to said forfeit of the value and relinquishes all claims against Optiontown for said value.
e.The fees and charges are dynamic in nature and can be viewed online in your account after you have purchased the OptionPass. The fees and charges can change at any time as per the sole discretion of Optiontown. You agree to abide by the fees and charges..
6.Key parameters
a)Seller & Locations - OptionPass can only be redeemed for products and services provided at any of the seller and its corresponding applicable locations (store, outlet or property) as listed in your OptionPass.
b)OptionPass Value - It refers to the total redemption value of the OptionPass, i.e., the total worth of products & services that can be purchased with OptionPass.
c)Validity Period - OptionPass can be redeemed only for the products and services during selected Validity Period in your OptionPass. It is the time period, between a begin date and an expiry date, during which OptionPass can be redeemed for purchases.
d)Users - Defines the eligible set of users who can redeem OptionPass for purchases. At least 1 eligible user must be present at the time of OptionPass redemption.
7.You agree and understand that the Seller, from whom you purchase any product and service by using OptionPass, is solely responsible for the timely delivery, quality and after-sales service of said products and services, and Optiontown makes no guarantee or claim to the quality and service of said products and services. The terms and services of the specific seller shall apply after the purchase of said products and services. All claims for repair, replacement and refund must be raised directly with the specific Seller. Optiontown is not responsible and has no control over after sales service. Only if a Seller has issued a refund for partial or full amount of the purchased transaction, Optiontown will also credit the redeem value for that transaction to your OptionPass account. You agree and unconditionally confirm that you have taken the informed decision with the clear understanding and knowledge of the above. You irrevocably and unconditionally agree that you will not hold Optiontown responsible in any manner whatsoever for any dispute related to quality, service or damage caused by such products and services, and you cannot claim any refund or damages from Optiontown due to said issues. Further You agree unconditionally that You cannot and will not hold OT liable in any manner whatever with respect to the above and will not bring any tort/claim/dispute against OT regarding the same.
8.For some products and services, you may need to pay for taxes and other regulatory fees separately to the Seller at the time of redemption.
9.OptionPass is not transferable, and cannot be sold or exchanged for cash.
Special terms for Sellers under OptionPass on OT -- Seller Portal
The Website is a platform and marketplace to allow buyers meet and interact with sellers for their transactions. OT is not and cannot be a party to or control in any manner any transaction between the users on the Website.
Consequently:
1. All commercial/contractual terms are offered by You and agreed upon between You and buyers alone. The commercial/contractual terms include (without limitation) price, period, warranties and after-sales services related to products and services. OT does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and buyers. You further agree unconditionally that You alone will be responsible for providing all sales and service support to the buyers, including after sales support etc.
2. OT does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. OT does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. OT accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. OT is not responsible for any non-performance or breach of any contract between You and buyers. OT cannot and does not guarantee that You and buyers concerned will perform transaction(s) concluded on the Website. OT shall not and is not required to mediate or resolve disputes or disagreements between You and buyers.
4. OT does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
5. OT does not at any point in time during a transaction between You and a buyer on the Website come into or take possession of any of the products or services offered by You, gain title to or have any rights or claims over the products or services offered by You to the buyer.
6. At no time shall OT hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. OT is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
7. The Website is only a platform that can be utilized by You to reach a larger customer base to sell items or services. OT only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between You and the buyer.
8. You release and indemnify OT and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
HOW TO USE THE WEBSITE
You can use Our Website only for personal and non-commercial use as a Guest/ Visitor, Customer, Member, subject to terms of service, as applicable.
FOR GUEST/ VISITOR
As a Guest/ Visitor, you may access and use Our Website; however as a Guest/ Visitor you are neither authorized, nor have access to some of the pages of Our Website which are specifically for Customer and/or Member use only.
FOR CUSTOMER
As a Customer, you may access and use Our Website only if you have completed sign-up for one or more of the OT Services, have agreed to be bound by the OT Services Rules (with respect to the OT Service you have signed-up) and fulfill the eligibility terms set out before.
If you access and use Our Website as a Customer, you are responsible for safeguarding the information provided by you and you will be completely responsible for any use of any of the OT Service on your Airline Booking Reference/ PayPal information/ postal address/ credit card information etc. by anyone other than you. You agree not to use Our Website for any purpose that is unlawful, illegal or forbidden by these Terms or not related to any of the OT Services.
FOR MEMBER
You may register on Our Website as a Member by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.
When you will register with us as a Member, you will receive a password and a Member Id upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree NOT to share Your account details, (login id, username and/or password) with any other person including OT Employees. You agree to (a) immediately notify OT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OT cannot and will not be liable for any loss or damage arising from or relating to your failure to comply with these Terms. You agree that OT is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge and consent. Please note that updating the information in your account may take upto 96 (ninety six) hours. You further agree unconditionally that OT CANNOT be held responsible for any loss, damages, costs in the event if You have shared Your account details or password with any other person including, but not limited to, OT Employee. YOU will be SOLELY responsible for occurrence of any transaction or action on Your Account and/or Flight Pass and/or any of the OT Services you have signed up if You have shared Your account details and YOU will be solely responsible for bearing such loss, damages, costs etc.
PROHIBITED USE
FOR GUEST/ VISITOR
While as a Guest/ Visitor, you may download, display or print limited copies of the Content from the pages which you are authorized and access and use as a Guest/Visitor only, however you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from Our Website.
FOR CUSTOMER
As a Customer, you may download, display or print limited copies of the Content, data which OT decides to be provided specifically to the Customer at Our Website, information regarding any of the OT Services from the pages which you can access and use, however you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from Our Website.
FOR MEMBER
As a Member, you may download, display or print limited copies of the Content, data which OT decides to be provided specifically to the Member at Our Website, information regarding any of the OT Services from the pages which you can access and use, however you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from Our Website.
CONTACT US
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of Our Website or the services offered by OT, you may contact our Customer Service department at customercare@optiontown.com. We will attempt to respond to your questions or concerns promptly after we receive them.