AGREEMENT BETWEEN USER AND ARIK AIR
This Web site is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").
As a User of arikair.com Reservations, you are in complete control of your travel planning needs. This includes controlling the use of information you provide to Arik Air and its affiliates.
When you reserve or purchase travel services through arikair.com Reservations, we provide only the relevant information required by the car rental agency, hotel, or other involved third party to ensure the successful fulfillment of your travel arrangements. We also use information you provide during User registration or as part of the reservation process to customize the content of our site to meet your specific needs and to make product improvements to arikair.com Reservations.
We do not sell individual customer names or other private profile information to third parties and have no intention of doing so in the future. We do share User information with our partners only for specific and pertinent promotional use but only if our customers have opted to receive such information. As a User of arikair.com Reservations you have the option to receive updates from Arik Air and Arik Air Partners about fare sales in your area, special offers, new Arik Air services and noteworthy news. To receive this information you must register for our promotional e-mail programs or check the appropriate box in your arikair.com Reservations Member Information profile. If you decide you would rather not receive these e-mails, you can always unregister or update your Member Information in arikair.com Reservations. Arik Air reserves the right to send occasional customer service e-mails to individuals that have not registered for our promotional e-mail programs.
We currently contract with a third-party Web Analytics company to help optimize our Internet business and communications. We use these services to help measure the effectiveness of our advertising and how visitors use our site. To do this, we use Web Beacons and cookies provided by our Web Analytics company on this site. The type of information we collect includes pages visited, referring domains, flight search data, tier levels, tickets purchased, fares, and other product information. We also collect certain technical information which may include your Internet Protocol (IP) address, your computer's operating system, and browser type. By supplementing our records this information helps us learn what pages are most attractive to visitors, which of our products most interest our customers, and what kind of offers our customers like to see. Although our Web Analytics company logs the information coming from our site on our behalf, we control how that data may and may not be used. No personally identifiable information is collected via our Web Analytics tracking technology.
Additionally, Arik Airuses third-party advertising technology to serve ads when you visit sites upon which we advertise. This technology uses information about your visits to the sites upon which we advertise, (not including your name, address, or other personal information), to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we use web beacons, provided by our ad serving partner, to help manage our online advertising. These web beacons enable our ad server to recognize a browser's cookie when a browser visits this site and to learn which banner ads bring users to arikair.com. The information we collect and share through this technology is not personally identifiable. To learn more about our third party ad serving partner, cookies, and how to "opt-out," please click here
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
This Web site is for the User's personal, non-commercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2009 Arik Air Limited , and/or its suppliers. All rights reserved. Products and company names mentioned herein are the trademarks of their respective owners.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARIK AIR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
ARIK AIR, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ARIK AIR, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ARIK AIR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARIK AIR AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of this Web site, User warrants to Arik Air that User will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTIES' WEB SITES
This Web site may contain hyperlinks to Web sites operated by third parties other than Arik Air. Such hyperlinks are provided for User's references only. Arik Air does not control such Web sites and is not responsible for their contents. Arik Air' inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
USE OF E-MAIL OR OTHER COMMUNICATIONS FORUMS
To the extent that this Web site contains e-mail or other communication facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not do any of the following:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
* Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
* Falsify the origin or source of software or other material contained in a file that is uploaded.
* Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.
* Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Web site.
User agrees (as available) to send and receive electronic mail and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Arik Air, and applicable law. The User acknowledges that e-mails and any other such communications forums hosted by this Web site are public and not private communications.
Arik Air reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Arik Air reserves the right to edit any notices for clarity and length.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of Arik Air and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.
For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Arik Air and/or suppliers hereby grant to the User a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.
Please note that all Software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by Arik Air and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
Contact Arik Air with questions or problems with this Web site.
MODIFICATION OF THESE TERMS AND CONDITIONS
Arik Air reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Arik Air as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Arik Air and Arik Air shall not be liable for any representation, act or omission of the User.
Arik Air' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Arik Air' right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Arik Air with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and Arik Air with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Arik Air with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
USE OF ARIKAIR.COM RESERVATIONS, LAST MINUTE PACKAGES, AWARD TRAVEL RESERVATIONS
The Reservations features of this Web site are provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using the Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understood that overuse or abuse of the travel services reservation facilities of the Web site may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Web site.
As a condition of use of this Web site, the User agrees to indemnify Arik Air and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
DATA OWNERSHIP POLICY
User acknowledges that Arik Air content and data constitute Arik Air's valuable property and that unauthorized distribution or remarketing of Arik Aircontent and data is improper and unlawful. Unauthorized distribution or remarketing of Arik Aircontent and data includes, but is not limited to: (1) accessing arikair.com by the use of any automated or electronic devices commonly known in the Internet industry as robots or spiders, or by the use of any other technology now known or hereafter discovered; (2) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Arik Aircontent or data to any third party, through any process, including but not limited to screen scraping, spiders, web "bots" or other device, technology, software or system now known or hereafter discovered; (3) licensing, selling, or otherwise providing to any person or entity any technology, software or other device now known or hereafter discovered that is capable of accessing Arik Air content or data from any source; or (4) assisting, aiding, or abetting in any way the unauthorized access of arikair.com, or any other web site operated by Arik Air, or the distribution or display of Arik Airdata obtained or derived from arikair.com or any other web site or any other source, by any third party. User shall not engage in any of the above examples, or any other unauthorized distribution or remarketing of Arik Aircontent or data, without the prior written authorization of Arik Air.
Arik Air respects your privacy and is committed to protect the personal information that you share with us. Generally, you can browse through our website without giving us any information about yourself. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this policy describes how we collect and use your personal information.
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, birth date, gender, other information when needed to provide a service you requested.
When you browse our website, you do so anonymously, unless you have previously indicated that you wish Arik Air to remember your login and password. We don't automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged in to our website.
Arik Air collects personal information when you make a reservation, participate in an online survey, when you ask to be included in an email or other mailing list, or when you submit your personal information to Arik Air for any other reason. From time to time, Arik Air receives personal information from business partners and vendors. Arik Air only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.
When personal information is collected, we will inform you at the point of collection the purpose for the collection (e.g. reservation, Marketing purposes, special promotions, etc.). Arik Air will not transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled "Information Sharing and Disclosure" below. We will always give you the opportunity to "opt out" or unsubscribe of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.
How We Use Information Collected
Arik Air uses information for several general purposes: to fulfill your requests for certain products and services, to personalize your experience on our website, to keep you up to date on the latest promotion announcements, special offers or other information we think you'd like to hear about, and to better understand your needs and provide you with better services. We may also use your information to send you direct marketing information or contact you for market research.
Information Sharing and Disclosure
Your personal information is never shared outside Arik Air without your permission, except under conditions explained below. Inside Arik Air, data is stored in controlled servers with limited access.
Arik Air may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; we need to share your information to provide the service or booking you have requested; we need to send the information to companies who work on behalf of Arik Air to provide the requested service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose). We will also disclose your personal information if required to do so by law, to enforce our Terms and Conditions, or in urgent circumstances, to protect personal safety, the public or our websites.
Your Arik Air account information is password-protected for your privacy and security. Arik Air safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our websites, Arik Air uses industry-standard SSL-encryption to enhance the security of data transmissions (Powered by Airkiosk). While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
Arik Air will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.
Questions or Suggestions
If you have questions or concerns about our collection, use, or disclosure of your personal information, please click here.