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Terms and Conditions:

Welcome to 123 Go Air Inc. (“Web site,” “we,” “our,” “us”) website (collectively, the “Site”). Use of the Site is governed by the following terms and conditions. By using the Site you agree to these terms and conditions. If you do not agree with any part of these terms and conditions, you should not use the Site. We reserve the right to amend these terms and conditions at any time. All amended terms automatically take effect when these Terms & Conditions are updated. Your continued use of the Site following the posting of changes to the Terms and Conditions will mean you accept those changes. Please return to this page periodically to review any changes.

INTRODUCTION

123 Go Air Inc. shall not be liable for failure of travel service suppliers, including but not limited to flights, hotels, cruise lines, railroads, car rental agencies, tours and consolidators, vacation packages, activities suppliers, and  insurance providers to perform the services offered by such suppliers. 123 Go Air Inc., in providing travel management services, does not guarantee or insure the services to be provided by any supplier, the financial position of such suppliers or the reimbursement to you from any loss experienced as a result of the financial condition of such supplier. In the event that a supplier defaults prior to providing the service to you for which payment has been made, the sole recourse for refund shall be with the defaulting supplier, from insurance covering such defaults if any or from other responsible third party unless such was caused by 123 Go Air Inc..

In those situations in which a supplier defaults prior to providing services you may pursue any recourse against the supplier for refund, which may be permitted by law or statute.  123 Go Air Inc. warrants that it provides the highest standards of service in the trade and will use appropriate care in selecting suppliers so as to protect you from such default.

Except as expressly stated herein, 123 Go Air Inc. assumes no responsibility for actions relating to travel services beyond the control of 123 Go Air Inc. or its employees. 123 Go Air Inc. is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, non-performance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any supplier of Travel products. 123 Go Air Inc. shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to payment for such service.

123 Go Air Inc. acts as a service bureau that provides value added service to retail travel agents and consumers. 123 Go Air Inc. has no control over and assumes no liability for the actions of the suppliers from whom it obtains Travel products.

Once tickets have been issued there may be a penalty involved for refunds. We do not have control over printed prices on the tickets, although some tickets may have BT (Bulk fare) printed on them, some may have a specific value on them, which may be different (lower or higher) than the fare collected.

Discounts offered may vary depending on a number of factors including flights utilized, class of service, destination, time of year (low, mid or high season), advance notice provided, minimum stay requirements fulfilled and flight load.

123 Go Air Inc. does not guarantee, endorse, validate or promote other advertiser products and services that are advertised on this web Site.

LIMITATIONS OF LIABILITY/DISCLAIMER

Information contained in the Site (including text, graphics, links or other material) are provided on an “as is,” and “where available” basis. 123 Go Air Inc. makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the Site or any related materials, products, services, or information. Under no circumstances, including, but not limited to, negligence, shall we, and/or our providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site. In no event shall we, and/or our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the Site shall be at your own risk. We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting reservations or bookings for such products and/or services (such as air and ground transportation, hotel accommodations, meals, tours, cruises, travel insurance, etc.).

All Users agree to protect and indemnify 123 Go Air Inc., its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

1.  you or on your behalf in excess of the liability described above; or

2.  by third parties as a result of

o  your breach of these Terms and Conditions, notices or documents referenced on the Site;

o  your violation of any law or the rights of a third party; or

o  your use of the Site

RELEASE

If you have a dispute with travel service suppliers, including but not limited to flights, hotels, cruise lines, railroads, car rental agencies, tours and consolidators, vacation packages and activities suppliers, and insurance providers to perform the services offered by such suppliers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

SITE USAGE AND TICKET PURCHASE

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others). You are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true and accurate.

Without limitation, any exploratory, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of the Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of the Site may result in you being denied access to such facilities.

All offers, prices, and conditions of sale may be subject to:

·    Change without notice

·    Advance purchase, eligibility, seating, or other limitations

·    Travel days, dates, minimum or maximum stays, holidays, seasons, blackout dates, stopovers, and/or wait listing restrictions

·    Reservation validation limitations of up to one year (if any extension permitted, penalties/restrictions may apply); and/or

·    Other conditions/restrictions

·    Availability. Lower prices may be available.

·    If your itinerary involves an ultimate destination or stop in a country other than the country of departure, the provisions of a treaty known as the “Warsaw Convention ” may be applicable to your entire trip, including any portion entirely within the country of origin or destination. The Warsaw Convention governs and may limit the liability of certain air carriers for death of or personal injury to passengers and/or loss of or damage to baggage.

A reservation is not complete until ticketed. To protect our customers, we verify with the credit/debit card company that the billing address and credit card verification number you provided to us is accurate and that your debit/charge will be accepted. Until such information is verified, the fare is subject to change. We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company or a travel provider or if, for any reason, the debit/credit card billing address and/or credit card verification number cannot be verified in a timely manner, nor are we responsible for any changes in fare or any other charges that may occur during our verification process

LINKS

123 Go Air Inc. provides links to other websites as a convenience to you, we do not endorse nor are we responsible for the contents of other websites. If you decide to access other websites you do so at your own risk.

REFUNDS

All of our tickets and fees are NON-REFUNDABLE, at times if you have applied for refund with us, we do not guarantee the time period it may take for the refunds to be processed. All refund requests are on REQUEST basis only; please contact us after 72 hours to re-confirm if the refund or void request has been processed. Please allow another 60 days to reflect on your credit card after the re-confirmation that the refund request has been approved. The fees for processing your refunds will be advised at the time the transaction is processed.

CREDIT CARD DECLINES

At the time of processing your transaction, if your credit card declines we will make all efforts to notify you by way of an email message within 3 business days. The transaction will not be processed if your credit card has declined. The fare and any other booking details are not guaranteed.

CHANGES TO FLIGHTS ALREADY PURCHASED

Any and all changes made to the itinerary are restricted as well as subject to airline fare rules, whichever is more restrictive; all our tickets/hotels/cars/packages/cruises do not allow any date or name changes after the booking is completed. 123 Go Air Inc. does not guarantee, and shall not be responsible for, any bookings or reservations made or confirmed to you in the event that the original itinerary has been changed pursuant to customer’s request.

For any itinerary where changes may be permitted an exchange fee is charged by us as mentioned below, plus Airline penalties and any fare difference. Please contact our call centre to determine the total cost of exchanging your ticket. Ticket Exchange fees will be advised at the time the transaction is processed.

CANCELLATIONS

All airline tickets are non-refundable. In certain cases where the Airline may allow cancellations, a credit may be available for future ticket purchase with applicable penalty and a fare difference if any, with travel valid on the same airline. Usually the credit is valid with time constraints and a specific expiration date and should be discussed with the customer service agent. All such bookings where the cancellation may be permitted must be cancelled prior to the scheduled departure time of the first flight segment by calling our customer service agent. We do not guarantee any cancellations.

Ticket exchanges, when possible, and when allowed by the airline, will require you to pay fare difference (if any), airline penalties for that fare, and 123 Go Air Inc. exchange fees. Airline penalties and 123 Go Air Inc. exchange fees are due for every change on your itinerary, whether or not a new ticket is issued. All changes are governed by the flights rules and regulations, 123 Go Air Inc. does not provide any representations or guarantees on changes or fees.

No additional representation is made for our exchange fees except that an agent will assist you in locating your desired new flights and attempt to re-book the new flights based on availability and other factors.

ONLINE TRANSACTION BOOKING FEES

For each ticket an initial non refundable service fee that varies from $0 up to $400.00 USD per passenger is charged to cover expenses such as procurement, quality control and the customer service of the airline ticket, and US Domestic shipping charges.

123 Go Air Inc. service fees apply to both e-tickets and paper tickets. The fee is included in the total fare shown and remains non-refundable if tickets are submitted for refund.  All processing fees and fare adjustments are non-refundable during any refund, change, or cancellation.

No representation is made for the service fees charged, it is only for site usage and booking creation. For phone booking fees as well, there is no representation or warranties except for using our phone agent’s assistance in searching various airfares and other travel products and making the booking.

A $25.00 administrative fee will be charged for travel receipts requested after departure.

FARE CHANGES

In rare cases, even after the confirmation of a reservation, the fare may change. We will notify you of any fare changes and we do not assume any responsibility – financial or otherwise for any such fare changes. We will notify you of the new fare and at that point you may either cancel or still purchase the product at the new cost.

TICKET DELIVERY

Most tickets are electronic (e-tickets); however with certain itineraries where an e-ticket is not available a paper ticket will be issued. Please check the shipping charges before confirming the booking. If an e-ticket could not be issued for a particular reservation or if a delivery was being made of another product or service, 123 Go Air Inc. will send the paper ticket, product or service through a secure mode of delivery (a reputed carrier company) and the applicable shipping charges will be debited to the credit holder’s account as per rates published on the Site. These shipping charges are displayed before you make the booking and you may select not to purchase the tickets to avoid shipping charges. 123 Go Air Inc. does not assume any responsibility for the fault of the delivery company. We will attempt to redeliver but do not provide any guarantees for redelivery on time. If you provide an incorrect address, then you may have to pay excess fees to the delivery company for alteration of the address. You will be billed to the credit card used for payment. If an e-ticket is generated the ticket information will be available on the Site. 123 Go Air Inc. uses FedEx for all of its shipping needs. FedEx cannot ship paper tickets to a PO Box or an APO Box. If your billing address is either a PO Box or APO Box, you will need to provide us with your physical shipping address.

CREDIT CARD PAYMENTS TERMS

Charges to your credit card may appear in the name of the airline involved, one of their service providers or one of our participating ticketing fulfillment companies.  Service fees, ticket cost, and insurance (if selected) may appear as separate charges on your credit card statement.

123 Go Air Inc. accepts most major credit cards issued in USA and Canada. However credit card acceptance policies vary by airline, fare type, destination country, country of residence, and many other factors. When you enter your payment information above your card is not charged until the tickets are issued.

123 Go Air Inc. accepts credit cards only when the Credit Card Holder name and address match the Passenger’s. If you are buying the ticket for someone else, we may request additional documentation from you to verify your identity and confirm your acceptance of the purchase.

You may use your debit card with the MasterCard or Visa logos, however please make sure that your daily limit is large enough to pay for this purchase and that there are no security features on your card that prohibit its use for online purchases.

If there is any issue with the credit card, we will notify you within 24 hours, submitting the credit card does not automatically guarantee ticketing. If we are unable to reach you by telephone or email we may cancel your reservation without further notice. It is your responsibility to keep track of your reservations and make sure they are in order. If the fare changes while we are attempting to validate the Credit Card information you provided, we will notify you of the rate changes. Fares are not guaranteed until the ticket(s) is issued.

123 Go Air Inc. bears no responsibility in the event your credit card is not charged by 123 Go Air Inc.. There can be a number of reasons for which credit card may not have been charged by 123 Go Air Inc., such as: Airline did not confirm the booking, fare increased since payment information was submitted, insufficient funds available in the credit card, etc.

You agree to be liable for any and all credit card payments disputes or other problems such as fraud made to us or the supplier on behalf of you or any individual you are representing. You agree to reimburse 123 Go Air Inc. in cases of fraud or charge backs.

All credit card transactions over the phone to our Customer Service Department are recorded and are available as evidence in case of any dispute or for legal form of evidence.

Online credit card transactions are authorized at the time a user or anyone acting on their behalf accepts these terms and conditions and provides an electronic signature.

TERMINATION

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

SEVERABILITY

These terms and conditions are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

NO WAIVER

No failure on the part of 123 Go Air Inc. to enforce any part of these Terms and Conditions shall constitute a waiver of any of 123 Go Air Inc. rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by 123 Go Air Inc. nor the reliance of any person on 123 Go Air Inc. actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of 123 Go Air Inc. shall have any legal effect whatsoever.