Last Updated: [26 August 2018]
Please take a few minutes to review these Terms of Service (as defined below) carefully. Your use of www.Luxflightexpert.com (the “Website”) indicates your agreement to follow and be bound by the Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE.
1. Legal Agreement
Your use of this Website is governed by the terms and conditions discussed below including any documents or policies they expressly incorporate by reference (collectively, these “Terms of Service ”) governing access to and use of LuxFlightExpert’s Services (defined below), including any activities provided through the Website, mobile applications, newsletters, or contacting our call center agents. If you do not agree to the Terms of Service, please do not access or use our Services through this Website or our call center agents.
Terms such as “LuxFlightExpert,” “us,” “we,” “our,” or “it” refer to Luxflightexpert, LLC. “You,” “your” and similar terms means you, the individual accessing our website, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.
THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
PLEASE REVIEW SECTION 26. CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LUXFLIGHTEXPERT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. Our Services
Our Website is provided solely to assist you in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. LuxFlightExpert does not provide, own or control any of the travel services and products that you can access through our Website or call center, such as flights, frequent flier programs, or travel insurance (collectively the “Services”). The Services are owned, controlled or made available by third parties either directly (e.g. airline) or as an agent (e.g. online travel agency).
Because LuxFlightExpert is acting as a mere agent for these third parties and does not directly supply these Services, additional terms and privacy policies will apply to your reservation and purchase of the Services that you select from a third party. Therefore, you must agree to and understand the third party’s terms and and privacy policies.
Your interaction with any third party accessed through our Website or call center is at your own risk and LuxFlightExpert does not have any responsibility should anything go wrong with your booking or during your travel.
The offering of Services on our Website or through our call center does not in any way imply, suggest, or constitute a recommendation by LuxFlightExpert of a third party, or any sponsorship or approval of LuxFlightExpert by such third party, or any affiliation between such third party and LuxFlightExpert.
LuxFlightExpert hosts content, including prices, made available by or obtained from third parties, and all prices posted on this Website are subject to change without notice. LuxFlightExpert is in no way responsible for the accuracy, timeliness or completeness of such content. Since LuxFlightExpert has no control over the third parties and does not verify the content uploaded by the third parties, it is not possible for us to guarantee the prices displayed on our Website. Prices change constantly and additional charges (e.g. payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Services may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate in real time; actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate.
4. Revisions to the Terms of Service
We reserve the right to revise and update these Terms of Service at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms of Service.
If you do not accept and agree to any revised portions of this Terms of Service, you may reject the Terms of Service by immediately discontinuing use of the Website and the Services. In the event you reject the Terms of Service and continue to access or use the Website or Services, such continued access or use is unauthorized.
5. Website Modification, Suspension, or Cancellation
Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website or Services, including processing of our products, with or without notice to you. You agree that LuxFlightExpert shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services. In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of the Website and of the Website’s users as a whole.
6. Payment Terms and Fees
Terms of payment are within our sole discretion and unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order.
We accept Visa, MasterCard, Discover and American Express, Diners Club, and Discover credit card payments 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 all applicable taxes, if any.
LuxFlightExpert reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail, billing address or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases you make from us. You agree to update your account and other information, including your e-mail address and credit card numbers and expiration dates, promptly so that we can complete your transactions and contact you as needed.
Some banks and credit card companies impose fees for international or cross-border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross-border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
7. Frequent Flier Programs
In seeking our assistance in redeeming Miles, you acknowledge that LuxFlightExpert shall not be responsible for any variance in costs when redeeming Miles, including but not limited to Mile availability fluctuation and the number of Miles you possess. You understand that for certain airline tickets, mileage accrual will not apply. You acknowledge and understand that using your applicable frequent flier programs with our Services does not guarantee the lowest possible cost for your itinerary. You further acknowledge that any changes or cancellations you make could involve charges by various third parties, including but not limited to a re-deposit of Miles fees.
Airline tickets redeemed through frequent flier programs are subject to that program’s terms and conditions. LuxFlightExpert is not responsible for any interference with the issuance or use of airline tickets redeemed through your frequent flier program. You must directly contact the frequent flier program through to address any related issues.
If you notice any errors in your account details, please immediately notify your frequent flier program or LuxFlightExpert at email@example.com.
8. General Flight Terms
Airline Rules: Airline tickets available through this Site are subject to their published conditions of carriage and rules, including but not limited to cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time. Airlines may also in their discretion change or cancel flights or itineraries. Different tickets on the same airline may carry different restrictions or include different services.
Code Share: Some airlines enter into "code share" agreements with a limited number of select airline partners. This means that on certain routes, the airline carrier selling or marketing the flight does not fly its own aircraft to that destination. Instead, it contracts with a partner airline to fly to that destination. The partner airline is listed as "operated by." In most cases you will check in with your "operating" carrier; however, you should verify your flight check-in location with your ticketing carrier. If your flight is a code share, it will be disclosed to you in the booking process and prior to your payment on a price disclosed, retail airline ticket.
Hazardous Materials: Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples include paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. See https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/passenger_info/ for more information.
Airline Prohibited Practices: 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" if those practices are prohibited by the airline(s). You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel if that practice is prohibited by the airline(s). You acknowledge that most airlines prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets if you engage in these practices. You agree to indemnify LuxFlightExpert against airline claims, on the basis of these or any other prohibited practices, for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
Use of Flight Segments: Most airlines require you to use flight coupons in sequential order. For those airlines who allow the use of a ticket for only one segment, if you do not cancel all or part of your journey prior to the departure of any segment of your itinerary, you may forfeit up to the value of your airline ticket, depending on the rules of the fare purchased.
One-Way Tickets: For certain itineraries, you are able to purchase two one-way tickets on the Site rather than a round-trip fare. If you do so, you will be making two separate bookings with two separate and different rules and policies (for example, for baggage fees, change fees, and refunds). Any changes made to one of your bookings will not affect the other booking (for example, if your initial flight is cancelled by either you or the airline, the other airline with which you booked your return flight is not obligated to issue a refund or change your itinerary). If you are traveling internationally, you may need to provide proof that you have a return flight at check in and at immigration.
Information Required by The Transportation Security Administration: The Transportation Security Administration of the U.S. Department of Homeland Security requires us to collect information from you, for purposes of watch list screening, under the authority of 49 U.S.C. section 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA Privacy policies, or to view the system of records notice and the privacy impact assessment, please see TSA's Web site at www.tsa.gov.
Baggage and Other Ancillary Airline Fees: Airlines may require you to pay additional fees at the airport for certain services or if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance. Some airlines charge additional fees for other services, for example, for carry-on baggage, priority boarding and seat assignments. During the booking process, LuxFlightExpert provides a summary of key terms of an airline’s baggage fees, but each airline should be consulted for complete information about its baggage and ancillary fees.
Missed Flights: In case you miss your flight, go to the airline counter immediately or call your agent if you are not near the airport. Missed flights are not refundable and changes or replacement flights will be at the discretion of the airline supplier. In some cases, we may be able to help you, but in most cases, you will not be provided with a replacement flight unless the airline allows it.
9. Taxes and Fees on Published Price Airline Tickets
Government-imposed taxes and fees and any applicable airline imposed fees are included in your fare. Tax rates in effect at time of purchase are applied to your ticket price. Retroactive tax rate increases may be the responsibility of the traveler.
10. Itinerary Changes/Cancellations/Refunds
Air travel itinerary changes, if permitted by the airline fare rules, may have a change fee charged by the airline per ticket that will vary by market, carrier, and specific fare rule. If permitted, any changes, cancellations, and refunds made through LuxFlightExpert are permitted up to 72 hours from time of departure and are subject to a LuxFlightExpert processing fee of a minimum of $200.00 in addition to the airline’s applicable fee.
You will not receive a monetary refund when canceling. Instead, you will receive a credit (less any airline fees) towards a future ticket purchase on long-haul international flights of equal or greater value, which will be valid for up to 12 months from your original date of purchase. No-Show tickets cannot be refunded, nor can they be exchanged. Unless the reservation is canceled and the trip rescheduled prior to the original departure date, the ticket is suspended and refunds are not possible.
We strongly recommend you to check your e-mail frequently for any schedule-change notifications from the airline and verify the current flight information 72 hours prior to scheduled departure. Failure to use any reservation will result in automatic cancellation of all continuing and return flight reservations and suspension of the tickets. The ticket can be used only in the sequence it was issued. Out-of-sequence usage is not allowed. The recommended check-in time for all international flights is a minimum 3 hours, even if you are traveling on a domestic flight to another airport to connect to your international flight.
Airline tickets are subject to the published conditions of carriage and rules, including but not limited to, cancellation policies of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time-schedule changes can result in an itinerary that falls outside of the contractual agreement. Airlines may also, at their discretion change, or cancel flights or itineraries. LuxFlightExpert is not responsible for schedule changes.
11. International Travel
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. LuxFlightExpert has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinfection: Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information see: https://www.transportation.gov/airconsumer/spray.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS AND IN PARTICULAR FOR INTERNATIONAL DESTINATIONS, LUXFLIGHTEXPERT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Seller of Travel: Luxflightexpert, LLC is a registered seller of travel in each of the states listed below:
California registration number:
Florida registration number:
Hawaii registration number:
Iowa registration number:
Nevada registration number:
Washington registration number:
Registration as a seller of travel in California does not constitute the state's approval.
13. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You may not, nor may you permit, any third party directly or indirectly to:
If we reasonably suspect that your use of the Website has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with law enforcement and to terminate or suspend your access to all or part of the Website.
14. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by LuxFlightExpert, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by LuxFlightExpert. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The LuxFlightExpert name and all related names, logos, product and service names, designs, and slogans are trademarks of LuxFlightExpert or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
16. Your Responsibilities If You Break the Terms of Service
You agree that if you violate any of the Terms of Service, or any liabilities are incurred arising out of your use of this Website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account or personal information unless you can prove that such use was fraudulent.
17. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
18. Age Restrictions
You must be at least 18 years old to use the Website. If you are under 18 years old, you must have permission from a parent or legal guardian to use the Website. We have no intention of collecting personal information from individuals under the age of 18.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, e-mail address, or any screen name or user name you may use.
If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act. If you believe we might have any information from or about a child under 13, please contact us at email@example.com, and we will take reasonable steps to ensure that such information is deleted from our records.
20. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
21. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
22. Geographic Restrictions
The owner of the Website is based in the Commonwealth of Virginia in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LUXFLIGHTEXPERT NOR ANY PERSON ASSOCIATED WITH LUXFLIGHTEXPERT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LUXFLIGHTEXPERT NOR ANYONE ASSOCIATED WITH LUXFLIGHTEXPERT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, LUXFLIGHTEXPERT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LUXFLIGHTEXPERT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless LuxFlightExpert, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website's content and Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Any dispute or claim relating in any way to your use of the Website or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. 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 (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms of Service or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Service as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide LuxFlightExpert with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.
27. Governing Law and Jurisdiction
By using the Website or our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and LuxFlightExpert.
28. Limitation on Time to Initiate a Dispute
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
29. Waiver and Severability
No waiver by LuxFlightExpert of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LuxFlightExpert to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
The Terms of Service, and any rights you may have under them, may not be assigned or transferred by you. LuxFlightExpert may freely assign the Terms of Service.
All headings used in the Terms of Service are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms of Service. Words of any gender used in the Terms of Service shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
32. Entire Agreement