Terms & conditions of use
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
(a) These general terms and conditions of use (these “Terms”) apply to the purchase and sale of products and services (the “Trip”) through www.flynimbus.com (the “Site”), and are in addition to any other terms and conditions provided for by Nimbus 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 Nimbus without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
(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: NIMBUS IS NOT A TRAVEL PROVIDER, WE ARE A TRAVEL AGENCY. WE ARE SUBJECT TO THE RULES AND REGULATONS SET FORTH BY AIRLINE AND HOTEL PROVIDERS.
(a) We sell a variety of travel-related products from different airline and hotel providers (collectively, the “Providers”). Each Provider has its own terms and conditions that are applicable to your particular Trip in addition to our general terms and conditions, and you should make sure you understand them.
(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 Nimbus constitutes a contractual agreement between You (including all travelers on the trip, hereinafter collectively referred to as “You” and “Your”) and Nimbus and represents your acceptance of the Nimbus 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 number and details you have ordered.
4. Prices and Payment Terms:
(a) All prices, discounts, and promotions posted on this Site 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) Posted prices do not include food, dining, or any activities including tour guides.
(c) From time to time, we may offer promotions on the Site 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 made directly through the Website and received by us before our acceptance of an order. We accept all Credit Cards through Stripe, and PayPal for all 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.
(b) We are not liable for any e-mail typing errors.
6. Prohibited Uses.
You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through our services (including, without limitation, data packets transmitted to and from our services), or analyze, decipher, “sniff”, derive code or materials from any packet stream to our from our services, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.
Further, in using our services, you may not:
(b) Conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
(c) Post, email, message, or otherwise make available through the service, any content that (i) incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; (ii) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; (iii) is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs, or (iii) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
(d) Engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
(e) Disguise the origin of any message, communication, or transmittal you send to us through our services;
(f) Use any robot, spider, scraper, or other automated or manual means to access our services, or copy any content or information on our services;
(g) Attempt to gain unauthorized access to any portion of our services or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
(h) Probe, scan, test the vulnerability of or breach the authentication measures of, our services or any related networks or systems;
(i) Modify or reroute or attempt to reroute our services;
(j) Link to our services from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
(k) Utilize framing, squeeze back, overlay or other techniques to enclose or display our services or any content on our services, with any other software or content of a third party; or
(l) Take any action that places a disproportionately large load on our services or any related networks or systems.
7. Dissatisfaction, Cancellation and Refunds.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU GIVE NIMBUS PERMISSION TO SELECT THE DESTINATION FOR YOUR TRIP AND RELINQUSH CONTROL OVER YOUR DESTINATION. AS SUCH, NIMBUS IS NOT LIABILE IF YOU ARE DISASSTISFIED WITH YOUR TRIP AND WILL NOT OFFER REFUNDS UNDER THESE CIRCUMSTANCES.
ANY CANCELLATIONS MADE AFTER 48 HOURS PAYMENT WILL NOT BE REFUNDED. WE DO NOT GUARANTEE THAT CANCELLED TRIPS WILL BE FULLY-REFUNDED.
(a) To cancel your trip, you must immediately do it via our website, on the page “My booking”, within the 48 hours after the payment. In that case, we will refund 100% of your booking. Any refund will be credited back to the same payment method used to make the original purchase on the Site.
(b) No refunds will be considered 48 hours after the time payment was done.
(c) Right of California Customers to Make Claim on the California Travel Consumer Restitution Fund:
(i) You may be eligible for a refund for losses to a registered seller of travel that participates in the California state refund program. If you were located in California at the time of your purchase, you may have a right to file a claim for loses with the California Travel Consumer Restitution Corporation. Certain restrictions apply. For a claim form and additional information, write to:
Travel Consumer Restitution Corporation
P.O. Box 8474
Northridge, CA 91327
8. No 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.
9. Limitation of Liability.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS, 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.
Nimbus 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.
Nimbus and airlines providers issue tickets and/or electronic documents covering transportation and hotel/accommodations. Neither Nimbus 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. Nimbus is not responsible under any circumstances for any injury or damages you may suffer in connection with your air or ground transportation.
10. 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.
12. Any customer who is not a permanent resident of the United States of America is self-responsible of knowing the status of his/her VISA, and Nimbus is not responsible for an illegal VISA status.
13. 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.
14. Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
15. Dispute Resolution and Binding Arbitration.
YOU AND NIMBUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE TRIP THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(a) The aggrieved party shall bring all grievances before a single arbitrator mutually-selected by the parties, with the arbitration proceeding situated and convened in Pittsburgh, Pennsylvania, regardless of the residence or principal place of business of either party. The arbitration will be administered by a local chapter of the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for their own costs of suit and reasonable attorneys’ fees as set by the arbitrator.
(b) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR NIMBUS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claim(s) and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Nimbus.
18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) 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.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Fly Nimbus LLC, 804 San Juan Pl, San Diego, CA 92109. Notices provided by personal delivery will be effective on the date delivered. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
20. Severability. 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.