SkyMed Travel ("Company") is an online based membership program known as "SkyMed Travel" that provides members with savings off retail prices for any travel product or service ("Products") offered on www.SkyMedTravel.com ("Website"). By submitting your Registration and Payment Information to be a SkyMed Travel Member ("Member" and "you"), you agree to abide by these SkyMed Travel Membership Terms and Conditions. Company reserves the right to change these SkyMed Travel Membership Terms and Conditions from time to time in its sole discretion without liability or penalty. Changes shall be effective immediately upon posting to the Website. Included in the SkyMed Travel Membership Terms and Conditions are the terms and conditions posted for each Product offered on the Website and those that are stated in purchase confirmations ("Product Terms").
Annual Access Fee. The $99 you pay entitles to you access to the Website for 365 days commencing on your registration date ("Effective Date") or the anniversary of the Effective Date (each period is referred to as a "Year"), unless extended by Company in its sole discretion ("Annual Access Fee"). Once paid, no portion of the Annual Access Fee is refundable. Company reserves the right to increase or decrease the Annual Access Fee, in its sole discretion. You will receive a notice by electronic mail alerting you to the pending expiration of the current Annual Access Fee and the payment owed for the next Year.
Cancellation of Membership by Member. You have ten days from the Effective Date (or any anniversary of the Effective Date) to cancel your membership by sending an email to info@SkyMedTravel.com. If you timely cancel your membership, you will receive a full refund of any amounts received by Company for the Annual Access Fee in the same form as the payment. Provided, however, Company shall have the right to reimbursement from the refund for unpaid services or merchandise used by Member. Member is not entitled to a refund of the Annual Access Fee after the ten day cancellation period.
Website and Products. Members in good standing shall be entitled to use the Website and purchase any of the Products offered on the Website. Company reserves the right to determine in its sole discretion the Products offered to Members on the Website and may, without prior notice and without liability or penalty, add, modify or discontinue third party vendors, providers and suppliers (collectively referred to herein as "Suppliers"). You acknowledge and agree that you have not purchased the membership in reliance on the inclusion of any specific Supplier or Product.
Product Terms. You shall be required to abide by the Product Terms established by Company and/or Suppliers and posted by Company on the Website. Product Terms, include without limit, mandatory taxes, charges and fees not included in the advertised prices, cancellation and refund policies, and check in-and check out time. Company will use commercially reasonable efforts to ensure that Product Terms are complete and accurate. However, Company does not warrant that the Products Terms will always be complete or accurate and shall be not be liable to Members for any direct or indirect losses incurred therefrom. Company reserves the right, in its sole discretion, to modify, alter or otherwise update the Product Terms at any time. Such modifications shall be effective immediately upon posting to the Website.
Reservations/Using Products. Products are offered on a live, real-time basis from a variety of Suppliers. Therefore, availability and pricing is not guaranteed until reservations are paid in full and documents and/or tickets issued. 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. At times when the fare selected is not available an approval code may have been taken on your credit card, if the transaction is not completed the approval code may block your available credit for a time period dictated by the bank/credit card company until the bank/credit card company removes the block.
Reservations must be made on-line through the Website. All reservations are filled on a first come, first serve, and space availability basis. The person named in the written confirmation must be present in order to check-in/obtain the goods or services. Company is not responsible for any purchases that could not be processed due to inaccurate and/or incomplete verification of credit card information, delay, or due to other technical mal-function with our partner systems or our systems. If we are unable to contact you, we reserve the right to cancel your booking. We will send an e-mail advising you of the cancellation and this will serve as the final notification. Company will not be responsible for any fare, tax, rate of exchange or any other increases if you decide to rebook the itinerary. It is the responsibility of the traveler to review and reconfirm names, dates, hotel name, car rental information, flight information, etc., are in accordance and acceptance of the traveler. If you discover any discrepancy in your reservation/itinerary, you are requested to immediately contact Company not more than 2 hours from the time the booking was completed. If we do not hear from you within 2 hours of completing the reservation, we shall consider the reservation you have made to be totally acceptable to you. A passport and visa/s may be required for your trip. Because documentation requirements vary by country, we strongly recommend that you contact the applicable Consulate(s) for the latest updates. Visit the U.S. State Department's website for passport services and information. In the majority of cases, your passport must be valid for at least six months after the date you enter a foreign country. In addition to a passport, some countries require a visa. A visa is an entry by the authorities of a country in a passport or other travel document to show that the bearer may travel to or transit in that country. In some cases a visa may be issued as a separate document. Note: Passengers NOT in possession of valid travel documents for the destination country and/or transit points will be denied travel and the trip cost could be forfeited.
Substitutions: In the event a Supplier or Product is discontinued or changed, Company will use its best efforts to honor all confirmed and/or paid reservation. However, in the event a confirmed and/or paid reservation cannot be fulfilled for any reason, Company will provide a substitution of equal or greater value. If no substitution is available or if the substitution does not satisfy the Member, a full refund of the amount paid by the Member for the reservation will be issued. In no event will a refund exceed the amount paid by the Member to Company.
Administration and Fulfillment. Company is responsible for managing memberships, administering the Website and offering and fulfilling Products. Company reserves the right to contract with one or more third parties to perform its duties in its sole discretion. Company reserves the right, in its sole discretion, to add, remove or substitute Suppliers.
Member's Representations. Member represents, warrants, and acknowledges that (i) Member is of legal age and has the capacity to acquire the membership and use the Products; (ii) the membership cannot be resold; (iii) Member must comply with the SkyMed Travel Membership Terms and Conditions (iv) Member will not initiate frivolous, unreasonable or fraudulent credit card chargebacks; and (v) Member shall be personally responsible for any damage to Supplier's property.
Member Default. Any of the following shall be considered an "event of default" by Member: (a) any failure by Member to timely pay amounts due to Company; (b) falsifying Member's Representations; (c) a material breach by Member of SkyMed Travel Membership Terms and Conditions. In an event of default, Company may terminate Member's Website access, cancel reservations and/or retain the Annual Access Fee and any monies paid for reservations in addition to other remedies available to Company.
Membership is Non Transferrable. Member is prohibited from assigning or transferring the membership. Products are intended for the personal use of the Member and immediate family unless specifically authorized in writing by Company.
Applicable Law. Membership and the SkyMed Travel Membership Terms and Conditions are governed by the laws of the State of California. State and federal courts located in San Diego County shall have exclusive jurisdiction for any claims that arise between Company and Member. Company and Member hereby waive to the fullest extent permitted by applicable law any right they may have to a trial by jury with respect to any litigation directly or indirectly arising out of, under or in connection with this membership.
Cancellation of Membership by Company. In the event the Company terminates Member's membership without an event of default by Member, Member's sole remedy shall be a prorated refund of the Annual Access Fee paid to Company.
Limitation of Liability. YOU AGREE THAT THE SITE AND CONTENTS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Company does not warrant that the Site will be available at any given time, secure, or free of error. You use the Site at your own risk, and you assume the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY.
Company shall not be liable for bodily injury, damage to personal property, theft of personal property, other damages, or losses ("Claims") incurred by Member, Member's family or Member's companions caused directly or indirectly by the actions or omissions of any Supplier or by natural disaster, act of God, war, terrorism, or insurrection, absent direct causation. If Company is found to be liable in connection with any Claim, damages shall be limited to the amounts paid to Company by Member pursuant to the membership. In no event shall Company be responsible for any incidental, consequential, or special damages of any kind, including without limitation, lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based.
Indemnification You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of the Site, by you or any other person accessing the Site using your account.
Trademarks SkyMedTravel.com are registered trademarks of SkyMed International, Inc. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.
No Third Party Beneficiaries These Terms create no third party rights or obligations between Company and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.
Severability & Waiver The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Company of strict performances of any provision of these Terms will not be a waiver of or prejudice Company's right to require strict performance of the same provision in the future or of any other provision of these Terms.
Assignment. Company may assign all or any part of its/their right, title and interest in SkyMed Travel provided that such assignment shall not materially and adversely affect memberships. Upon any assignment to a third party, Company shall be completely released from all duties, claims, demands, or causes of action arising from or relating to the membership occurring after the date of such assignment.
Entire Agreement. The Membership Terms and Conditions constitute the entire agreement between Company and you. No other representations, oral or written, may otherwise be relied upon by you.
Seller Of Travel
* Fla. Seller of Travel Reg. No.: ST37737
* WST: A23 0986 13
* Iowa TA: 103
* CST: 2099136-50
* Transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at: www.tcrcinfo.org.
* California law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by International Fidelity Insurance Company in the amount of $5,000.00.
* Passengers purchasing travel services from outside of California are not covered by the Restitution Fund.
If you have any questions regarding the SkyMed Travel Membership Terms and Conditions or usage of the Website, please contact us by email at support@SkyMedTravel.com or mail to the address below.
13840 N. Northsight Blvd Suite 109
Scottsdale, Arizona 85260