Terms & privacy
PLEASE READ THESE TERMS OF USE CAREFULLY, as they explain the terms and conditions governing your interaction with websites, applications, and other services, controlled by Nova Vacations LLC and/or its subsidiary and affiliated entities (collectively, “Nova Vacations”, “we”, “us”, or “our”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS OUR SERVICES.
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Applicability:
(a) These general terms and conditions of use (these “Terms”) apply to the purchase and sale of products and services (the “Trip”) through http://www.novavacations.com (the “Site”), and are in addition to any other terms and conditions provided for by Nova Vacations on the Site, in any writing provided to you relating to the purchase of a Trip, or in any documentation provided to you by any Providers (as defined herein). These terms are subject to change by Nova Vacations without prior written notice at any time, in our sole discretion. You should review these Terms prior to purchasing any product or services that are available through this Site or via email correspondence. Your continued use of this Site will constitute your acceptance of and agreement to such changes.
(b) These terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review of our Privacy Policy before placing an order for products or services through this Site.
(c) Our services are not intended or designed for use by people under the age 18 without a parent or legal guardian. You may not use our services if you are under the age of 18 without a parent or legal guardian. You must be old enough to consent to the processing of your personal data in the United States.
2. We Do Not Sell Travel Products
PLEASE NOTE: NOVA VACATIONS IS NOT A TRAVEL PROVIDER, WE ARE AN INDEPENDENT CONTRACTOR TRAVEL AGENCY. WE ARE SUBJECT TO THE RULES AND REGULATONS SET FORTH BY AIRLINE AND HOTEL PROVIDERS.
(a) The purchase of a Trip by Nova Vacations constitutes a contractual agreement between You (including all travelers on the trip, hereinafter collectively referred to as “You” and “Your”) and Nova Vacations and represents your acceptance of the trip Terms set out herein.
(b) We are acting as a Travel Agency or “Booking Agent” for products and services that are not directly supplied by us (e.g., air carriage, hotel accommodations, etc.) We are not a co-vendor of such products and services. You will be entering into a separate contract with such Providers in connection with such products and services.
3. Order Acceptance and Cancellation:
(a) The purchase of a Trip by Nova Vacations constitutes a contractual agreement between You (including all travelers on the trip, hereinafter collectively referred to as “You” and “Your”) and Nova Vacations and represents your acceptance of the vacation Terms set out herein.
(b) You agree that your order is an offer to buy, under these Terms, the Trip listed in your order. All orders must be accepted by us or we will not be obligated to sell the Trip to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order
4. Prices and Payment Terms:
(a) All prices, discounts, and promotions posted on http://www.novavacations.com or Nova Vacations social media pages are subject to change without notice. The price charged for a Trip will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) For surprise vacations prices do not include food and dining, beverages, transportation, tours, and activities. For other vacation packages prices may include food, drink, activities. See email confirmation for details.
(c) From time to time, we may offer promotions on www.novavacations.com or Nova Vacation social media that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, all payments must be received by us before our acceptance of an order. We accept all Credit Cards for purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
5. Shipments; Delivery; Title and Risk of Loss.
(a) Our general practice is to send documents to our customers through e-mail.
6. Dissatisfaction, Cancellation and Refunds.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU GIVE NOVA VACATIONS PERMISSION TO SELECT THE DESTINATION FOR YOUR TRIP AND RELINQUISH CONTROL OVER YOUR DESTINATION. AS SUCH, NOVA VACATIONS IS NOT LIABLE IF YOU ARE DISSATISFIED WITH YOUR TRIP AND WILL NOT OFFER REFUNDS UNDER THESE CIRCUMSTANCES
ANY CANCELLATIONS MADE DURING THE WEEK OF TRAVEL WILL NOT BE REFUNDED. WE DO NOT GUARANTEE THAT CANCELLED TRIPS WILL BE FULLY-REFUNDED.
(a) To cancel your trip, you must immediately call us at 402-304-0513. We charge a $50.00 cancellation fee.
(b) Refunds are considered on a case by case basis. Refunds are subject to the transportation and accommodation providers (“Providers”) through which your reservations are made. We make no guarantee or promises as to whether Providers will issue a refund. We therefore strongly recommend that you fully insure your Trip. Any refund will be credited back to the same payment method used to make the original purchase on the Site or from Nova Vacations.
7. Warranties:
We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our services. WE DO NOT WARRANT THAT OUR SERVICES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE ON THEM WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON OUR SERVICES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH OUR SERVICES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
8. Limitation of Liability:
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSERS, PROVIDERS, OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR SERVICES OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
Nova Vacations shall not be liable for any loss, injury, expense or damage to persons or property resulting, directly or indirectly, from the acts or omissions of independent travel suppliers, including but not limited to delays, over bookings, cancellation of services, cessation of operations, accidents, failures of equipment, or changes in fares, itineraries or schedules.
Nova Vacations, the airlines, bus, and train providers issue tickets and/or electronic documents covering transportation and hotel/accommodations. Neither Nova Vacations nor these suppliers, or their respective subagents, shall be held liable for loss or damage to property or injury of person caused by reason of any act, omission, defect or negligence by any other hotel agency, transportation company or party providing such services or facilities.
All parties concerned are not liable for any claim arising out of or in connection with carriage or other services or features otherwise performed or occurring in connection with this package, except as provided in the conditions of carriage for the transportation company and the passenger tickets issued in conjunction with this package. Nova Vacations is not responsible under any circumstances for any injury or damages you may suffer in connection with your air or ground transportation.
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Goods Not for Resale or Export. You represent and warrant that you are buying the Trip from the Site for your own personal or household use only, and not for resale or export.
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Trips Only Available to Permanent Legal Residents of the United States Citizens. Due to complications that can arise when dealing with travel for citizens of countries other than the United States, only permanent legal residents of the United States can purchase Trips from Nova Vacations, and Nova Vacations reserves the right to refuse to provide a Trip to any person who is not a permanent legal resident of the United States.
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We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
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You agree to defend, indemnify, and hold us harmless from and against all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our services, violation of these Terms of Use, or violation of any third-party rights. YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS OF USE
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Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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Notices. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
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If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
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Entire Agreement. Our e-mail order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
privacy
PLEASE READ THIS PRIVACY POLICY CAREFULLY
NOVA VACATIONS, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This Privacy Policy (the “Policy”) describes the types of information we may collect from you or that you may provide when you visit the website http://www.novavacations.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
· On this Website.
· Through email, text, photographs, our survey, and other electronic messages between you and this Website.
It does not apply to information collected by:
· Communication among us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
· Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy.
Information We Collect About You and How We Collect It:
We collect several types of information from and about users of our Website, including information:
· By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW/any other identifier by which you may be contacted online or offline (hereinafter collectively, the “Personal Information”);
· About your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
· Directly from you when you provide it to us.
· Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
· From third parties, for example, our business partners.
Information You Provide to Us.
The information we collect on or through our Website may include:
· Information that you provide by filling in forms on our Website. This includes information provided at the time of requesting services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
· Records and copies of your correspondence (including email addresses), if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order.
· Your search queries on the Website.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
· To present our Website and its contents to you.
· To provide you with information, products, or services that you request from us.
· To fulfill any other purpose for which you provide it.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Website or any products or services we offer or provide though it.
· To allow you to participate in interactive features on our Website.
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide as described in this Policy:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nova Vacations, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
SPECIAL NOTE. If you have any issues (i.e. legal convictions, arrests, warrants, child support issues, or other extenuating circumstances) that would prevent you from traveling outside of the United States, it is your responsibility to verify your ability to obtain a US passport and to travel outside of the United States. Nova Vacations will not be responsible for any denied boarding or entry/reentry into any country due to legal matters. Travel insurance often does NOT cover denied boarding or entry due to legal issues. Please consult your policies for details.