Effective as of May 1, 2016 Last Updated: January 4, 2017
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
- Changes to the Agreements
- Responsibility for services
- Hazards of travel
- Refunds and cancellations
- Travel & car rental insurance
- Check your itinerary and be aware of flight delays & schedule changes
- Foreign currency
- Credit cards
- Nonuse of flight segments
- Taxes, governmental fees, tax recovery charges and service fees
- User guidelines
- Technology limitations and modifications
- Disclaimer of warranties
- Limitation of liability and damages
- Choice of law, mandatory arbitration and venue
- Seller of travel registrations
- Intellectual Property/DMCA
- Contact us
Lola is a service that allows you to receive on-demand personal travel service to plan, book and manage travel. From time to time, we may offer different terms and benefits.
In order to use Lola, you need to (a) be 18 or older and (b) have the power to enter a binding contract with us. You represent and warrant that any registration information that you submit to us is true, accurate and complete, and you agree to maintain its accuracy and immediately notify us if any information is inaccurate. Your use of Lola is also subject to your standard phone and/or internet fees for data, messaging and any other limits put in place by your carrier and you are responsible for any fees related thereto.
2. Changes to the Agreements
The Agreement may, at our sole discretion, be revised in writing by us. The date of the last modification is posted at the top of the Agreement. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. By continuing to use Lola after those changes are made, you are agreeing to the changes.
3. Responsibility for services
We act only as a booking platform for the airlines, lodging providers, car rental companies, tour operators, ground operators and any other suppliers of travel services shown on your itinerary. We are not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules or honor their contracts. Further, your use of such travel services may be subject to additional terms and conditions imposed by the supplier of such services. Details, amenities and photographs of lodging and other trip details provided to you by our agents come directly from the suppliers or their subcontractors and we are not responsible for any errors or misrepresentations included therein.
We may provide you with assistance with online check-in for flights you have booked through us. We are under no obligation to offer this service to you. If we check you into your flight, you are responsible for ensuring your compliance with the terms of carriage and any other applicable rules, terms and conditions set forth by the airline with whom you are flying. This may include limitations of liability and other information about your rights as a passenger. Each airline has its own requirements with respect to carry-on and checked luggage allowances and restrictions, as well as requirements regarding how early your bags much be checked or how early you must arrive at your boarding gate. Please visit the applicable airline's website for specific details.
TRANSPORTATION OF HAZARDOUS MATERIALS
Federal law forbids the carriage of hazardous materials onboard aircraft, in your luggage or on your person. A violation can result in 5 years' imprisonment and penalties of $250,000 or more (49 USC 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. You acknowledge acceptance of this hazardous material restriction on baggage. For more information on prohibited items and other packing restrictions, visit https://www.tsa.gov/travel/security-screening/prohibited-items and https://www.faa.gov/passengers/prepare_fly/.
Lola accepts no responsibility for your compliance with any restrictions set forth by the Transporation Security Administration, the Federal Aviation Administration or the individual airlines. Lola also disclaims all responsibility with respect to any issues arising in connection with seat assignments.
4. Hazards of travel
While we strive to provide useful and up-to-date information, we have no special knowledge regarding foreign entry requirements, unsafe conditions, health hazards, weather hazards, supplier bankruptcies or the suitability for a disabled person of any portion of any tour. LOLA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO YOUR SELECTED DESTINATION IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Visit your country of residence’s website to find out the foreign requirements for entry into your destination country. International travel may require a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements of your destination(s) and your connecting points, and all conditions regarding health, safety, security, political stability and labor or civil unrest at such destination(s).
5. Refunds and cancellations
For the avoidance of doubt, you are responsible for all change and cancellation fees associated with any booking that you make through us, including any third party processing fees, and we will pass such fees on to you. Additional details about specific bookings are found below.
5.1 Agent service fees
We may charge you agent service fees for certain bookings. We will inform you of any agent service fees before you are charged. Agent service fees are non-refundable, even in the event that you cancel the associated booking.
5.2 Airline change / cancellation fees
Some airlines allow you to cancel or change your reservation. If you change your reservation, airlines may charge a change fee. In some cases, changes and cancellations will not result in any fees and any prepaid fees will be refunded. In other cases, the airline may charge you a fee or not refund any prepaid fees. Fees vary by airline, market and specific fare rules, and may be US$150 or more for domestic tickets and US$200 or more for international tickets, in addition to any difference in fares between the original flight and the new flight. In the event that an airline does allow for cancellation, airlines usually deduct US$150 or more for domestic tickets and US$200 or more for international tickets before determining the amount, if any, that can be applied towards future travel. In the event of change or cancellation fees, you are responsible for such fees or deductions, and we will pass them on to you. Please review your itinerary for the refund and cancellation policies specific to your airfare.
5.3 Hotel change/cancellation fees
Some hotels allow you to cancel or change your reservation with advanced notice, often at least 48 hours before your reservation. In some cases, changes and cancellations will not result in any fees and any prepaid fees will be refunded. In other cases, the hotels may charge you a fee or not refund any prepaid fees and in such cases, you are responsible for such fees and we will pass them onto you. These fees vary by hotel, market and specific rate rules. Please review your itinerary for the refund and cancellation policies specific to your hotel.
6. Travel & car rental insurance
6.1 Travel Insurance
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. We also strongly recommend that you use a credit card for your purchase, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
6.2 Car Insurance
It is solely your responsibility to determine the applicability of any pre-existing car insurance coverage that you may have. Car rental suppliers offer several insurance alternatives as incremental and completely distinct transactions at the time of pick-up. In some countries, this insurance may be mandatory, and the cost of such insurance could exceed the car rental price. We have no knowledge of such insurance requirements, and we are not responsible for informing you about them. Additionally, please be aware that in some jurisdictions travelers under the age of 25 may not be allowed to rent cars.
7. Check your itinerary, be aware of flight delays & schedule changes
As soon as you receive your booked itinerary, check it thoroughly to make sure it is correct as to dates, times, fares and rates. We are not responsible for losses and inconveniences arising from your failure to check your itinerary. If your flight is delayed for any reason, the airlines are not required by law to pay for your en route expenses, such as meals, hotels, taxes and phone calls. Airlines sometimes make changes to flight schedules; we recommend you re-check exact flight times prior to departure and prior to your return.
8. Foreign currency
If you make a purchase from us using a credit or debit card denominated in a different currency, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement.
9. Credit cards
You represent and warrant that any credit card information that you submit to us is true, accurate and complete, and you agree to maintain its accuracy and immediately notify us if any information is inaccurate. You may update your credit card information through your account settings.
When you make a purchase through Lola using a credit card, you authorize us to charge your credit card at the time you make the purchase. We reserve the right to suspend your access to Lola if we determine that any credit card information you submitted is not accurate or current. We may use a third party credit card processing company to process and charge your credit card and by providing us your credit card information, you acknowledge that we may share such information with the third party credit card processing company for billing purposes. You are solely responsible for any and all fees charged to your credit card by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.
10. Nonuse of flight segments
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city" or "back-to-back tickets". You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. If you do not use one of the flights in your reservation, the airline may cancel your remaining itinerary. You agree to indemnify us against airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
11. Taxes, governmental fees, tax recovery charges and service fees
A number of taxes, governmental fees, tax recovery charges and service fees may apply to your transactions on this site. Outside the United States, travel suppliers such as hotels, car rental companies and local tour operators may charge extra fees and taxes as permitted by local law. Information about such charges may not always be available to us when we make your reservations, and we are not responsible for informing you about such charges.
11.1 Air transactions
The prices displayed for airfare on our site are inclusive of all taxes, governmental fees and other mandatory charges. However, remember that you may incur other flight-related charges that are not payable to us and are not included in the quoted price, such as airline baggage fees and other charges for optional airline services.
11.2 Hotel transactions
We may offer hotels through two different models. The first is the "postpaid" model (also known as the "published rate" or "traditional agency" model), where you book a room through us at published rates and you pay for that room, plus any applicable estimated taxes, governmental fees and other charges directly to the hotel at check-out. The second model is the "prepaid" model (also known as the "net rate" or "merchant" model), where we collect payment from you up front for the hotel room, plus any applicable estimated taxes, governmental fees and other charges and then transmit funds to the hotel. In both models, Travelscape, LLC, Vacationspot, SL or other third parties may at times be treated as the supplier of the hotels for purposes of tax collection in certain jurisdictions.
Also, remember that you may incur other charges during your stay that are not payable to us and are not included in the quoted price, such as extra-person or extra-bed charges, resort fees, gratuities, hotel energy surcharges, parking fees, telephone fees, room service, movies, mini-bar and incidentals.
11.3 Car transactions
Amounts displayed in the "Taxes & Fees" line for prepaid car rentals represent the amount of taxes, governmental fees and other charges payable by you directly to the car rental agency when you return your rental car. In the case of car suppliers that do not provide prepaid information, these taxes, governmental fees and other charges are calculated and displayed to you prior to the completion of your reservation. Also, remember that you may incur other charges in connection with your car rental that are not payable to us and are not included in the quoted price, such as insurance, gasoline and charges for optional equipment.
11.4 Other transactions
Information regarding taxes, governmental fees and other charges on any travel-related transactions not discussed above will be calculated and displayed to you prior to the completion of the booking process.
12. User guidelines
We’ve established a few ground rules for you to follow when using Lola. You agree to abide by our user guidelines and not to use Lola in any manner not expressly permitted by the Agreement. Failure to do so may result in suspension or termination of your account.
Please respect us, Lola and other users of Lola. Don’t engage in any activity on Lola which is or includes material that (a) is offensive, abusive, defamatory or pornographic; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property or privacy rights; (c) includes malicious content such as malware, trojan horses or viruses; (d) interferes with any user’s access to Lola; (e) impersonates or misrepresents your affiliation with another person or entity, or is otherwise fraudulent or misleading; (f) interferes with Lola, tampers with or attempts to probe, scan, or test for vulnerabilities in Lola, including our computer systems or network, or breaches any of Lola’s security or authentication measures or (g) conflicts with or is not expressly permitted under the Agreement, as determined by us.
12.2 Connecting other accounts
You may choose to give Lola access to your email or other travel accounts. Granting Lola access to this information will help us improve our travel recommendations to you. This is an optional feature on our platform. If you choose to use this feature, our automated systems will analyze the contents of your account for travel-related content ("Travel Content"). Travel Content includes, but is not limited to, emails from travel companies or travel-related itineraries. We will review, use and store Travel Content for purposes including, but not limited to, providing you personally relevant travel recommendations, such as customized hotel, airline and car rental options.
By entering your user credentials for your email or travel accounts, you expressly grant Lola, its agents, and those authorized by Lola the right to access your accounts and review, store, and otherwise use the contents of your accounts to scan for Travel Content. You further represent and warrant that you are the sole owner of the account and that you have the right to provide Lola with the user credentials provided, and agree to release and hold Lola harmless from any claim arising from or in connection with Lola's access to, or use of, your account in accordance with the terms set forth above.
13.1 License to Lola
We own all right, title and license in and to Lola and grant you a limited, revocable, non-exclusive, non-transferable license to download and use Lola for your personal use in accordance with this Agreement. Except as expressly permitted by us, you agree that you will not sublicense, resell, rent, reverse engineer, modify or otherwise make derivative works of, assign, distribute or otherwise commercially exploit Lola or any part thereof. All rights not expressly granted to you are reserved by us. This license shall automatically expire upon termination of this Agreement.
13.2 License to feedback
You grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free worldwide license to use and/or incorporate into Lola any feedback, suggestions and/or recommendations you provide to us.
13.3 License to Travel Content
You grant us an irrevocable, perpetual, non-exclusive, transferable, royalty fee worldwide license to use and/or incorporate into Lola any Travel Content. The rights you grant us in this license are limited to using Travel Content to operate, improve, develop and analyze our platform and our services. This includes but is not limited to creating new services or features on our platform. You represent and warrant that you have the rights to grant us this license for any Travel Content.
14.1 Promotional codes
We may, in our sole discretion, create promotional codes that may be redeemed for travel credit or other benefits related to a third party provider’s services, subject to terms that we may establish on a per-promotional-code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner or made available to the general public, unless expressly permitted by us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; (vi) are not valid on past purchases and (vii) may expire prior to your use. We reserve the right to withhold or deduct credits or other benefits obtained through the use of Promo Codes by you or any other user in the event that Lola determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement. Promo Codes are governed by this Agreement and any other terms and conditions set forth at the time the Promo Codes are issued.
14.2 Sweepstakes, contests and other promotions
Additionally, we may, in our sole discretion, offer you the chance to participate in sweepstakes, contests, surveys or other promotions (“Special Promotions”). Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
15. Technology limitations and modifications
We will make reasonable efforts to keep Lola operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of Lola, with or without notice, all without liability to you for any interruption, modification or discontinuation of Lola or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade or update Lola or to provide all or any specific content through Lola.
16. Suspension and termination
16.1 Termination by you
You may cancel your account at any time, for any reason or no reason by opening a chat within the Lola app and requesting cancellation. Upon cancellation, we grant you a limited license to use Lola solely to access any prior chats and itineraries for a limited time.
16.2 Suspension and termination by us
We may suspend your access to Lola at any time, including in the event of your actual or suspected unauthorized use of Lola or non-compliance with the Agreement. In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we may, at any time and without notice, terminate or restrict your access to Lola for any reason or no reason.
If you have been notified by us that you are prohibited from using Lola, then notwithstanding anything to the contrary, you have no license to use Lola and any access by you or on your behalf shall be unauthorized and unlawful. We may provide notice under this or any other section of this Agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking via Lola, or in any other reasonable manner. We reserve the right to cancel any and all bookings or other transactions you have made using Lola after you have been prohibited from using Lola, with no liability whatsoever to you.
17. DISCLAIMER OF WARRANTIES
We endeavor to provide the best service we can, but you understand and agree that LOLA IS PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH LOLA. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF LOLA IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE LOLA AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT LOLA WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED OR LOLA BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, to the maximum extent allowed by law, we do not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party on or through Lola or any hyperlinked website available through Lola. We do not control third party websites available through hyperlink and we are not responsible for any content available therein. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions.
The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
You agree to indemnify, hold harmless and defend us and our affiliates, subsidiaries, officers, directors, employees, agents and licensors at your expense, against any and all third party claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by us arising out of or relating to your (a) breach of any term of this Agreement or (b) violation of any law, rule or regulation or the rights of any third party.
19. Limitation of liability and damages
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH LOLA OR THIRD PARTY PROVIDERS IS TO UNINSTALL ANY LOLA SOFTWARE AND TO STOP USING LOLA.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF (I) THE USE OR INABILITY TO USE THE SERVICE OR (II) THE ACTIONS OR INACTIONS OF ANY THIRD PARTY PROVIDERS, REGARDLESS OF LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO LOLA OR THIRD PARTY PROVIDERS OF MORE THAN THE AMOUNTS PAID BY YOU FOR THE SERVICES IN QUESTION, LESS ANY BOOKING FEES INCURRED BY US IN CONNECTION THEREWITH. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), SUBJECT TO THE OTHER LIMITATIONS SET FORTH HEREIN.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS SECTION 19 REMOVES OR LIMITS OUR LIABILITY FOR NEGLIGENCE WHERE PERMITTED BY LAW.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential, incidental or other damages, the limitations may not apply to you and shall not apply to a resident of New Jersey to the extent damages to such New Jersey residents are the result of our negligent, fraudulent or reckless acts(s) or intentional misconduct. Further, this Agreement does not waive or limit any rights or obligations, otherwise required by law and we do not request that you waive or limit any rights you may have under law.
20. Choice of law, mandatory arbitration and venue
Any controversy or claim arising out of or relating to these terms or your use of Lola shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lola Travel Company, Inc. will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Lola Travel Company, Inc. shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT USE LOLA IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY USING LOLA, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH LOLA, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
i. These Terms and Lola are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms, or the rights and obligations of you or us in connection with Lola, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in above and/or for entering any judgment on an arbitration award, shall take place in New York City, New York, USA.
21. Seller of travel registrations
Lola Travel Company, Inc. is registered as a seller of travel in each of the states listed below:
- Lola Travel Company, Inc. is registered with the State of Florida, registration number: ST40391.
- Lola Travel Company, Inc. is registered with the State of Hawaii, registration number: 603594328.
- Lola Travel Company, Inc. is registered with the State of Iowa, registration number: 1288.
- Lola Travel Company, Inc. is registered with the State of Washington, registration number: 603594328.
- Silicon Valley Bank at 275 Grove Street, Newton, MA 02466 maintains Lola Travel Company, Inc.’s trust account, including in California and Illinois.
22. Intellectual Property/DMCA
Content on Lola that is provided by us or our licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans and the compilation of the foregoing ("Lola Content") is the property of Lola and our licensors, and is protected in the US and internationally under trademark, copyright and other intellectual property laws.
You agree not to download, display or use any Lola Content located on Lola for use in any publications, in public performances, on websites other than Lola for any other commercial purpose, in connection with products or services that are not those of us, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us and/or our licensors, that dilutes the strength of our or our licensor's property or that otherwise infringes our or our licensors’ intellectual property rights. You further agree not to misuse any Lola Content or any third party content that appears on Lola.
We respect the intellectual property rights of others. If you think material hosted by us infringes your copyright, please provide us the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located or found on the Website or Service; (d) your address, telephone number and, if available, an email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and (f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Your claim should be sent by mail, fax or email to:
Lola Travel Company, Inc. at the address listed in Section 24, ATTN: Copyright Agent, by fax at 857.317.6993 or by email at firstname.lastname@example.org.
23.1 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.2 No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of Lola.
We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
23.4 No Waiver
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
23.5 Equitable Remedies
You hereby agree that we would be irreparably damaged if this Agreement was not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
23.7 Entire agreement
This Agreement constitutes all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreement in any written or oral communication from you to us are void.
24. Contact us
We can be reached at:
Lola Travel Company, Inc.
250 Summer Street
Boston, MA 02210
Thank you - we hope you enjoy using Lola!
Copyright © 2016 - 2017 Lola Travel Company, Inc. All rights reserved.