Terms And Conditions Of Use
User Agreement
The website located at www.GoForLess.com (the "Website"), and the services available from the Website are subject to the following terms and conditions.
Please read the following terms and conditions closely before using our Website. By accessing, browsing and using this Website, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein. If you do not agree with any part of these terms and conditions, you must not use this Website.
The Website is operated by GoForLess, LLC a Texas Limited Liability corporation ("GFL" or the "Company"). Some of the content found on the Website is owned by affiliates of GoForLess, some of the content on the Website is owned by other third party providers, and some of the content found on the Website is owned by GFL.
The terms "we," "us," "our" and the "Company" refer collectively to GFL and our affiliates, and "you" and "your" refer collectively to the customer booking a reservation [and/or purchasing goods] through us directly through this Website, or indirectly through any of our affiliates through whom we provide services and/or goods. All reservations and/or purchases you make through us are subject to the terms, conditions and notices as they exist at the time the reservation is made. We, and third-party suppliers, reserve the right to change these terms, conditions and notices, and you agree to accept and be bound by such terms, conditions, and notices that are in effect at the time of your use of our Website and facilities.
The services of this website are offered to our customers under the following terms and conditions. Your use of this website constitutes your agreement to all such terms and conditions. Any rights not expressly granted herein are reserved.
Ownership
The online booking engine technology you are using is a service provided exclusively by and is the sole property of GoForLess (GFL). Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as Suppliers. GFL retains all rights to display Supplier's content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks.
Limitations on Use of Website
As a condition of your use of this website you warrant and represent to GFL that you will not use this website or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this website.
Your Warranties to GFL
You agree to use this Service to make only legitimate reservations or purchases and shall not use this Service to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this agreement. You agree to be financially responsible for all uses of this Service as well as for the use of your name and credit card account to pay for products and services purchased at this website by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using this website is true and accurate.
Reservation Types
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Prepaid Reservation - Paid online at the time of booking
You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the room(s), plus an additional amount for the tax recovery charges and our service fees.
The tax recovery charge is assessed to recover the amount we pay to the property in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation.
We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property, automobile, etc. by our customer.
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Pay on Arrival - Payment is secured by the property upon your arrival
The total room charges plus tax and incidentals are secured by the property upon your arrival, and charged by the property upon your departure. Some properties may charge a deposit in advance of your arrival.
A Pay on Arrival reservation may require a service fee to obtain the GFL discounted rates. This service fee may range from $0.00 to $10.00 (USD) per room/per night. The service fee is non-refundable and will be charged when you place your reservation. The service fee will appear on your credit card statement under Hotel Accommodations.
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Relationship
The relationship between the travel vendors supplying services (Suppliers), GFL, and you will be that of a rooms provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Refusal of Service
GFL reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law.
Cancellation
GFL reserves the right to cancel our service or services at any time for any reason.
Customer Changes and Cancellations
You may cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory you agree to purchase. Some cancellations or room-night reductions may result in a $10 (USD) per room, per night service fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the hotel and room type you reserved, you may be subject to a charge of one-night's room rate, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the room rate cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any completed reservation. Please review the terms and conditions associated with your reservation!
Membership Cancellation
Memberships can be cancelled at any time. Members may cancel a membership by clicking here to manage their membership.
Paid Membership
Paid memberships with an annual term will automatically renew on an annual basis on the date it was activated until cancelled by these Terms and Conditions. You will be charged at the beginning of your billing cycle and the charge may take several days to appear on your billing statement.
By initiating your first payment, you are are agreeing to the Terms and Conditions and you authorize GFL to charge your credit card, debit card, or other eligible payment method for recurring fees related to the Paid Membership. If you fail to pay the annual Paid Membership fee on or before the respective payment due date, your Paid Membership will be terminated.
Additional Terms and Conditions
Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Other Miscellaneous Terms
The GFL booking engine pulls inventory from several sources to provide customers with the greatest variety of room availability and guaranteed low rates. One of our inventory sources requires GFL to post the following message:
Severability
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 below, 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 agreement shall continue in effect. In addition to any other rights or remedies available to GFL, and without any liability to any user of the GFL service, GFL, at its sole discretion may terminate or restrict any user's access to GFL services at any time and without notice.
Links to Third-Party Websites
This website may contain hyperlinks to websites operated by parties other than GFL. Such hyperlinks are provided for your reference only. GFL does not control such websites and is not responsible for their contents, commitments, or obligations. GFL inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Third-Party Conditions
Exclusion Of Warranty
GFL and third party suppliers and distributors do not warrant the quality, accuracy, completeness, merchantability or fitness for a particular purpose of any of the services, content or data found on or in connection with this service.
Limitation Of Damages
The data and services provided by GFL are provided "AS IS." GFL does not warrant the accuracy, completeness, or fitness for a particular purpose of any of the data or services provided by GFL or a third pary suppier, and to the maximum extent permitted by applicable law disclaims all implied warranties in connection with such data or services. In no event shall GFL be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on this website, or any failure or delay in updating or including any data on this website, or any use of or inability to use any data on this website (including, without limitation, the use of or inability to use GFL for reservations or ticketing), or the performance or nonperformance by GFL of any reservations or ticketing function, even if GFL has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, GFL should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of GFL described above, GFL's liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to GFL for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.
Indemnification
You shall defend and indemnify GFL and third party suppliers and distributors from and against any claim or cause of action brought by or on your behalf in excess of the liability described herein or by third party as a result of your use of this service. Such indemnification shall include all reasonable expenses, costs of court and reasonable attorneys fees incurred in connection with the defense to any claims defined in this paragraph modification. GFL may at any time modify these terms and conditions and your continued use of this service will be conditioned upon the terms and conditions in force at the time of your use.
Governing Law And Stipulation Of Venue
The laws of Arizona govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona U.S.A., in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Entire Agreement
These terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Travel Precautions
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s).
Electronic Communications
You communicate with us electronically whenever you visit our Website or send emails to us. You consent to receive communications from us electronically and by fax. You will receive periodic emails from GoForLess as a feature and condition of Membership. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing. Such electronic communications will not be encrypted.
Indemnification
You agree to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: (i) you or on your behalf; or (ii) by third parties as a result of (a) your breach of this agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this Website.
General
By using the Website, booking a reservation and/or purchasing goods or services through this Website, you agree that the internal laws of Maricopa County, Arizona USA, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of this Website, hotel reservations and/or purchasing goods or services made through us may, if not amicably resolved, be resolved only through binding arbitration between you and us under the commercial rules of the American Arbitration Association. This arbitration, which shall be conducted in Maricopa County, Arizona USA before neutral arbitrators, shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. We reserve the right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by the Company and its affiliates with respect to your use of this Website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website.
The Company may assign its rights under these terms and conditions to any party without your consent. These terms and conditions shall inure to the benefit of the Company, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Any rights not expressly granted herein are reserved.
Modification of These Terms and Conditions
We reserve the right to change the terms, conditions, and notices under which this Website is offered with or without notice. You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our Website and facilities.
Digital Millennium Copyright Act (DMCA) Notice
This notice is provided for informational purposes only and not as legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek your own legal counsel.
This website including all text, HTML, scripts, and images are Copyright 2023 by GoForLess LLC All rights reserved.
No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of GoForLess LLC
The foregoing excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to all visitors to this website.
DMCA
The Digital Millennium Copyright Act of 1998, 17 U.S.C. 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of a service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the service provider.
The Company is committed to complying with United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the Company will block access to the allegedly infringing material. The Company will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a counternotice to the Company.
Notification of Claimed Copyright Infringement
Please send DMCA notifications of claimed copyright infringement to:
GoForLess
401 N. Carroll Ave, Suite 154
Southlake, Texas 76092
Tel.: 800 213 5117
Email: support@goforless.com
To file a notice of infringement with either the Company, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether material is protected by copyright laws, we suggest that you first speak with an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item 1. above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content that you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. 512.
Counternotification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with the Company against you, the Company will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the Company. If the Company receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The Company will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the Company first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether the material is protected by copyright laws, we suggest that you speak with an attorney.