CodeshAIR - Save Up to 30% on flights and airfare

Terms of Service

Last Updated: 6/27/2022

AGREEMENT BETWEEN CUSTOMER AND CODESHAIR

Welcome to the Codeshair.com website (the "Website"). This Website is provided solely to assist customers 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. The  terms "we", "us", "our", “Codeshair” refer to Codeshair, an Ohio corporation. The term "you" refers to the  customer visiting the Website and/or booking a reservation through us on this Website, or through our  customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms,  conditions, and notices set forth below (collectively, the "Terms of Use” or "Agreement"). Please read these  Terms of Use carefully, as they contain important information about limitations of liability and resolution of  disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs  your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website,  booking any reservations for travel products or services, or contacting our call center agents, you agree that the  Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any  reservations through this Website or our call center agents.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website in accordance with these Terms of Use;
  4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  6. all information supplied by you on this Website is true, accurate, current and complete; and 7. if you have an Codeshair.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at  any time and for any reason, including, but not limited to, for violation of these Terms of Use.

DISPUTES; ARBITRATION

Codeshair is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your  concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any  way to the Website, these Terms of Use, our Privacy Policy, any services or products provided, any dealings with  our customer service agents, or any representations made by us (“Claims”), you agree to communicate your  Claim to Codeshair by contacting Codeshair Customer Support via email. You agree not to bring any suit or to

initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Customer  Support have elapsed. If we are not able to resolve your Claims within 60 days, you may seek relief through  arbitration or in small claims court, as set forth below.

You and Codeshair agree that any and all Claims will be resolved by binding arbitration, rather than in  court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This  includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products  or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that  arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use  required arbitration.

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 statutory damages,  attorneys’ fees and costs). The arbitrator must follow and enforce these Terms of Use.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA  Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules,  except as provided in this section. If your total Claims seek less than $1,000, we will reimburse you for filing fees  you pay to the AAA and will pay arbitrator’s fees.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class,  consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this  arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in  arbitration, you and we each waive any right to a jury trial.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to  “Codeshair Legal: Arbitration Claim Manager,” at Codeshair., 8195 Hampstead Village Center Way, New Albany,  Ohio 43054. If we request arbitration against you, we will give you notice at the email address or street address  you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778- 7879.

This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act  and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel  services) as well as the infrastructure used to provide such content and information, is proprietary to us or our  suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for  travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute,  transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell  any information, software, products, or services obtained from or through this Website. Additionally, you agree  not to:

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; 3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Codeshair may cancel any travel or  service reservations associated with your name, email address or account, and close any associated Codeshair accounts. If you have conducted any fraudulent activity, Codeshair reserves the right to take any necessary legal  action and you may be liable for monetary losses to Codeshair, including litigation costs and damages. To  contest the cancellation of a booking or freezing or closure of an account, please contact Codeshair Customer  Service.

PRIVACY POLICY

Codeshair believes in protecting your privacy. Please click here to review our current Privacy Policy, which also  governs your use of the Website and, as stated above, is incorporated by reference, to understand our  practices: Privacy Policy. If you would like your information deleted from our website, please contact us  at questions@codeshair.com.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of travel—related goods and  services that you select. Please read these additional terms and conditions carefully. In particular, if you have  purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the travel  supplier, which can be found on the supplier’s website. You agree to abide by the terms and 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 the supplier's rules and restrictions regarding availability and use of  fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets  have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the  right to cancel your booking if full payment is not received in a timely fashion.

In case of a no-show or cancellation, you may be entitled to a refund of airport taxes and fees included in the  price of the ticket purchased. Where you are eligible for a refund, you can request such a refund from Codeshair customer service, who will submit your request to the airline on your behalf.

Codeshair may offer you the opportunity to book a reservation for a combination of two one—way tickets  instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often  cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way  ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g.  cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be  responsible for any fees incurred for making changes to the unaffected flight.

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: 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.

You acknowledge that some third-party providers offering certain services and/or activities may require you to  sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any  violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your  being denied access to the applicable travel product or services, in your forfeiting any monies paid for such  reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Sort Order :

Travelers have many options on to help them find the perfect flight. The “sort” settings at the top of the page  allows travelers to order search results to their preference, whether based on price, verified review score, or  other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel  needs. If no options are selected, we will show a range of relevant options in the search results, based on the  criteria outlined below:

  • Flights: Our default sort order is based on lowest price. In cases where two flights have the same price, the shorter flight is listed first.

Additionally, we continually optimize our service to provide the best experience to travelers. Accordingly, we  may test different default sort order algorithms from time to time.

BANK AND CREDIT CARD FEES

Your payment is processed in the United States, when we process your payment.

Codeshair may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is  either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the  availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors,  including pricing errors. In particular, the Codeshair and Codeshair Partners do not guarantee the accuracy of,  and disclaim all liability for any errors or other inaccuracies relating to the information and description of the air travel products and services displayed on this Website (including, without limitation, the pricing, photographs,  amenities, general product descriptions, etc.). In addition, Codeshair expressly reserves the right to correct any  pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we  will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation  without penalty.

Codeshair and Codeshair Partners and their respective suppliers make no representations about the suitability  of the information, software, products and services contained on this Website for any purpose, and the inclusion  or offering of any products or services on this Website does not constitute any endorsement or  recommendation of such products or services by Codeshair or Codeshair Partners. All such information,  software products, and services are provided “as is” without warranty of any kind. Codeshair, the Codeshair Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or  any email sent from Codeshair, the Codeshair Partners and/or their respective suppliers are free of viruses or  other harmful components. Codeshair, the Codeshair Partners and their 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 response, title and non-infringement.

In no event shall Codeshair, the Codeshair Partners and/or their respective suppliers be liable for any direct,  indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with,  your access to, display of or use of this Website or with the delay or inability to access, display or use this  Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer  viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise  arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract,  tort, strict liability, consumer protection statutes, or otherwise, and even if the Codeshair, the Codeshair Partners and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, Codeshair, the Codeshair Partners or their respective suppliers are found liable  for any loss or damage which arises out of or in any way connected with any of the occurrences described  above, then the liability of the Codeshair, the Codeshair Partners and/or their respective suppliers will in no  event exceed, in the aggregate, the greater of (a) the service fees you paid to Codeshair in connection with such  transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this  section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed  of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of  Codeshair, the Codeshair Partners, and/or their respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify Codeshair, the Codeshair Partners, 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 third parties as a result of:

  1. your breach of these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Codeshair. Such hyperlinks are  provided for your reference only. We do not control such websites and are not responsible for their contents or  the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that  whatever links you select or software you download (whether from this Website or other websites) is free of  such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of  hyperlinks to such websites does not imply any endorsement of the material on such websites or any  association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website ("Software") or through your mobile  application store, including the Codeshair mobile application (the "Mobile Application") is the copyrighted work  of Codeshair and/or our respective suppliers. Your use of such Software is governed by the terms of the end  user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You

may not install or use any Software that is accompanied by or includes a License Agreement unless you first  agree to the License Agreement terms. For any Software made available for download on this Website not  accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive,  nontransferable license to download, install and use the Software and/or the Mobile Application for viewing  and otherwise using this Website and/or accessing the content and information available within the Mobile  Application (including, without limitation, price and availability of travel services) in accordance with these  Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on  this Website, is owned by Codehsair, Codeshair Partners, and/or our respective suppliers, and is protected by  copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is  expressly prohibited, 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.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are  responsible for making all arrangements necessary for your device to have internet connectivity and are  responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting  and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy,  the Mobile Application will automatically transfer a small amount of data as part of its normal operation,  including how you use the Mobile Application, which Content you access, and technical errors or problems  which the Application may encounter while being used. By using the Mobile Application, you acknowledge,  agree and consent to the automatic collection of this information.

ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Codeshair has  adopted a policy of terminating, in appropriate circumstances and at Codeshair's sole discretion, subscribers or  account holders who are deemed to be repeat infringers. Codeshair may also at its sole discretion limit access to  the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others,  whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat  infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat  infringer when filing your notice.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us  a written notice that includes the following information. Please note that we will not process your complaint if it  is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or  activity is infringing may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by mail, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact  information below.

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification by regular mail that sets  forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the  following details:

  1. Identification of the specific content that was removed or disabled and the location that content appeared on Codeshair’s Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Codeshair may be found, and that you will accept service of process from the party who reported  your content, or that party’s agent.
  4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper.

Send the written communication to the following address:

Codeshair

Attn: IP/Trademark Legal Dept., DMCA Complaints

8195 Hampstead Village Center Way

New Albany, Ohio 43054

PATENT NOTICES

One or more patents owned by Codeshair may apply to this Website and to the features and services accessible  via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.

GENERAL

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the  State of Ohio, without regard to principles of conflicts of laws.

You agree that no joint venture, partnership, or employment relationship exists between you and Codeshair as a  result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this  Agreement limits our right to comply with law enforcement or other governmental or legal requests or  requirements relating to your use of this Website or information provided to or gathered by us with respect to  such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and  enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in  enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other  provision(s) hereof in the future.

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire  agreement between you and Codeshair with respect to this Website, our services and your dealings and  relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether  electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in  electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same  extent and subject to the same conditions as other business documents and records originally generated and  maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not  intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write  to us at:

Attn: Customer Service
Codeshair
8195 Hampstead Village Center Way
New Albany, Ohio 43054

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