Terms of Use

Full Terms & Conditions

Welcome to Way To Fly

Please read these Terms and Conditions of use carefully before using or obtaining any content, products, or services through our website. Access to and use of this website is subject to acceptance of the terms and conditions below ("terms", which include our privacy policy to be bound by these terms). If you do not accept all of these terms, then please do not use this website.

By clicking ' I Agree” on our website as part of the booking process, you hereby agree to the following terms and conditions, on behalf of yourself and all members of your traveling party. These terms and conditions form an agreement between you and Way To Fly, LLC, 8 Geranium Lane , San Carlos California 94070 ( 'Way To Fly,' 'we' or 'us').

You agree that:

a) you are 18 years of age or older

b) you have read these terms and conditions and have the authority to and do agree to be bound by them;

c) you consent to our use of personal data in accordance with our Privacy Policy and are authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); and

d) you accept financial responsibility for payment of the booking on behalf of all persons named on the booking.

1. Definitions

In this document, terms that commence with a capital letter are defined in this Section or in the preamble.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.

"Content" also includes Marks and Products and Services. The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site.

"Travel Agency" means Way To Fly.

"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.

"Products and Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, travel insurance or any other items available or that may be made available through the Site.

"Provider" means Way To Fly's licencors, suppliers, information providers and service providers.

"Purchase" means to book, reserve or purchase.

"Site" means the www.WayToFly.com website

2. Booking and Paying for your Arrangements

Bookings can be made online or over the telephone with our call center. The booking process is concluded when we send you a booking confirmation email. The amount you pay at the time of booking depends on the terms and conditions of the supplier. For example, hotels and rental car companies may require no payment at the time of booking and may, instead, request payment at check-in or upon arrival at the rental car office. Other suppliers, such as hotels and airlines may request that you pre-pay for the service at the time of booking. Other suppliers require a deposit at the time of booking with a remaining balance due at a later time.

If your booking is not confirmed, we will promptly notify you and will refund you for the amount paid for your booking. The amount refunded to you will be refunded to the credit or debit card used by you when making your booking.

Upon receipt of our confirmation, if you believe that any details are wrong, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document.

If we do not receive the balance of your chosen arrangements in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in Section 4 below will become payable. We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion.

Unless set forth in writing, airline reservations are not included in your travel plans. In such event, it is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns.

3. Links to Third-Party Websites

WayToFly.com may contain links to websites operated by parties other than Way To Fly. Such hyperlinks are provided to you for your convenience only. These third party websites are wholly independent from WayToFly.com. Way To Fly. does not control these third party websites and is not responsible for their content or their policies and terms and conditions. Provision of links to these third party websites does not constitute an endorsement by Way To Fly. of the material on these websites and any association with them. If you visit any of these third party websites, you are requested to review their respective terms and conditions of use as well as their policies on privacy and security.

4. Refunds and Changes

If your airline ticket allows for cash refunds upon cancellation or to make changes to your existing reservation you agree to pay Way to Fly a 25 percent administrative fee for processing the refund or change. Tickets are nontransferable. Please read important information regarding airline cancellation and refund policies shown at the time of ticketing or on your e-ticket.

Your cancellation, refund and change requests for hotel accommodation, car rental, ground transportation, tours and travel insurance, if allowed, will also be processed subject to a 25 percent cancellation/change fee. Our ability to issue refunds depends upon a travel provider’s ability or willingness to issue refunds. We assume no responsibility for the financial condition of the travel provider or its filing of a bankruptcy petition.

You consent to the use of frequent flyer program from Way to Fly’s frequent flyer accounts to be used for ticketing of your air travel. Any tickets secured through the frequent flyer program are non-refundable, non-transferrable and non-cancellable

5. Force Majeure

“Force Majeure” means, in relation to Way To Fly, any circumstances beyond the reasonable control of Way To Fly, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, viruses, pandemics, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).Way To Fly shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.

If Way To Fly, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by Way To Fly to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Way To Fly shall use its reasonable efforts to reimburse you where possible. However, Way To Fly shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Way To Fly of the Force Majeure and applicable cancellation fees.

Regarding civil unrest, once Way To Fly has investigated the prevailing situation, as it deems fit, it shall remain in Way To Fly’s sole and absolute discretion whether to proceed with your trip. You may in such circumstances cancel the trip subject to Way To Fly’s and each supplier’s terms and conditions.

6. Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up to date position in good time before departure.

Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (See: https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html ) Way To Fly neither controls nor warrants the issuance of visas related to applicable travel. It is Customer’s responsibility to verify that all the visas required for your trip have been obtained, that the visas for each country are valid for the entry and exit dates of your visit, that your personal details are accurately reflected and that your passport is valid for at least six months beyond the completion date of your trip. Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, Way To Fly is not responsible for lost payments made toward the contemplated trip. If you call into our call center, our representatives do not make this inquiry because we feel it is an invasion of privacy. For example, if traveling to or through Canada, Americans with a Driving While Intoxicated (DWI) or possession of marijuana record should always check whether current rules exclude admission, and potential waivers. (See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html )

For medical information about your destination, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or go to http://www.cdc.gov/travel. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

7. Additional Copyright Notices

Much of the Content is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of the Terms. If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersede any provision of these Terms with respect to the Content to which it pertains.

8. Contact Information

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Way To Fly, you may contact our Customer Service department by email at info@WayToFly.com.

9. Insurance

In case the purchase of the air ticket(s) by you is refused or denied for any reason, and in case you have already purchased an insurance policy prior to such refusal or denial, any amount paid by you for purchasing such policy or any amount to be recovered by you on such policy will not be refunded or paid to you by Way To Fly.

10. Credit Card Chargebacks

You agree to indemnify, hold harmless and defend Way To Fly against airline debit memos for credit card chargebacks arising out of: (a) your complaints regarding an airline service or (b) unauthorized charges by members of your family or former employees of your company. Before initiating a chargeback related to any supplier, you agree to first attempt to resolve directly any disputed transaction fees with us.

11. Special Requests

Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. While every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

12. Disabilities and Medical Problems

The Americans with Disabilities Act (“ADA”) is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. A qualified and physically able companion must accompany travelers with disability who need assistance. Motorized scooters may be unsuitable for many trips. Transportation services, including many tour motor coaches, may not be equipped with wheelchair ramps. Hotels may also have some non-accessible rooms for travelers who do not require such accommodations. We do not, however, guarantee that all hotel facilities are accessible for travelers with disabilities.

We will take reasonable measures to cater for any special requirements a disabled traveler may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the trip. If we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we may cancel it and impose applicable cancellation charges when we become aware of these details.

13. Complaints

We make every effort to ensure that your arrangements run smoothly, but if you do have a problem during your trip, please inform the relevant supplier immediately, who will endeavor to solve the problem. If your complaint is not resolved locally, please contact us on (866) 732 - 9655. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at Way To Fly, LLC, 8 Geranium Lane , San Carlos California 94070 or by e-mail to info@waytofly.com within 28 days of the end of your trip, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint.

14. Content

The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, products, etc. have been provided to us by the vendors. We assume no liability or responsibility for any errors or omissions in the Content. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site. You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail within that period please contact our customer service by email at info@WayToFly.com

15. Access to Password Protected/Secured Areas

Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution. Any passwords used for registration on this site are for individual use only. You may not share your password with anyone. You are solely responsible for the security of your password and any use of the services by anyone else with whom you share your password. We may monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we may require it to be changed or we may end your account.

If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms and Conditions.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS WAY TO FLY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WAY TO FLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WAY TO FLY OR LAW ENFORCEMENT AUTHORITIES.

16. Disclaimer of Warranty

Way To Fly and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Way To Fly and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that the Travel is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.


17. Service Fees

Way To Fly may charge a fee for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site. Such fees may be separately stated or may be unseen by you if the service fee is bundled together with the actual cost of a travel service or travel package.

18. Indemnification

You agree to defend and indemnify Way To Fly and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against theTravel Agency as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.

19. License

Way To Fly grants you a limited, personal, nontransferable, non sub-licensed, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal or business use, and not to provide services to a third party.

20. No Copy, Distribution, or Sale

You may not copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever; use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site; reverse engineer any part of this Site; or sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties. Unless otherwise provided within these Terms, or unless specific applicable law requires Way To Fly to allow you to do so, you may not do any of the following without the prior written consent of Way To Fly:

use any robot, spider, other automatic device, or manual process to monitor Content;

use the Site other than to make legitimate reservations or purchases; use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;

imply in any fashion that Way To Fly is endorsing your products or services;

place false or misleading information on the Site, post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;

use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Way To Fly, other Site users or members;

upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or

disguise the origin of the information transmitted through the Site.

21. Ownership Rights

This Site is the sole and exclusive property of Way To Fly or its licencors Way To Fly and its licencors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

22. Ownership

This site, and each of its modules, is the property of Way To Fly. and/or its various affiliated and third party providers and distributors. Third party providers and other leisure travel information providers own some of the content that is found on this site. None of the content or data that is found on this site may be reproduced, sold, transferred, or modified without the express written permission of Way To Fly. and/or its third party providers and distributors.

23. Outbound Links

For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites and you should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

24. Online Reservations

The conditions herein and the conditions as mentioned in the online reservation section apply to all bookings. In the event that more than one set of conditions apply to the same trip then the most restrictive conditions of both sets apply to the entire journey. Currently, package tours reservations can only be made via email. For requests by email, Way To Fly. shall (upon receipt of your request) make the appropriate reservations and advise you of the confirmation via email or by phone. If availability is confirmed as per your original request then the credit card provided will be charged accordingly. However if not confirmed and alternative bookings have been made, you shall have 24 hours to approve and accept the new reservations, failing which the reservation shall automatically be canceled and no charges shall be made to your credit card. Depending on your fare bucket, class of service and fare type Way To Fly's fares have different restrictions. For Public, Bulk, Net and contract fares all rules and fee's will be dictated by the airline. If it is necessary for Way To Fly to make changes on your behalf additional fees will be applied.

25. Prior Terms and Conditions

These Terms supersede any prior Way To Fly Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated below. Unless specifically provided, they do not supersede the Additional Terms for carriage or other specific terms or conditions displayed elsewhere in this site.

26. Privacy and Security

Please note that Way To Fly collects and archives your IP address to use and disclose for identification and legal purposes in the event of unauthorized use or misuse of a credit card or credit card fraud related to an online booking.

Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

27. Reservations, Bookings, and Purchases

You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage. Frequent flyer points and award mileage for flights flown may vary from ticket to ticket and in some cases no points or miles are earned.

The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.

You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase set forth in an air carrier's fare rules or contract of carriage. Neither Way To Fly nor the FAA, nor any provider of air traffic data makes any promises or guarantees as to the accuracy, completeness, or adequacy of any delay or other air traffic management information on this site, and Way To Fly and the FAA expressly disclaims liability for any errors and omissions. Reservations are subject to space availability in the appropriate class, at the time of booking.

28. Air Check-Ins, Delays, Missed Flights, Identity of the Carriers and Denial of Boarding

Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation may result in automatic cancelation of all continuing and return flights, as well as forfeiture of airfares. If you or any member of your party miss your flight or other transport arrangement, it is canceled, or you are subject to a delay of over 3 hours for any reason, please contact us and the airline or other transport supplier concerned immediately.

Under European Union (EU) law, for flights by EU airlines, or for flights by other airlines departing from a point in the EU, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicized at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your trip price from us. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. If the name of the carrier(s) do not appear on your confirmation invoice or if a carrier is replaced, we will inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be sent to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been sent, we will contact you as soon as we can to let you know.


29. Frequent Flyer Miles

Flights taken by you are eligible for loyalty points or miles (hereinafter referred to as “Frequent-Flyer Miles”) within any loyalty program that may be offered by the Supplier of a specific flight. The number of Frequent-Flyer Miles awarded will be dependent on the ticket that is issued to you for the flight and the rules, regulations, and policies of the travel provider’s loyalty program. Way To Fly has no control over the availability or the awarding of Frequent-Flyer Miles and makes no guarantees as to whether you qualify or will be able to apply for Frequent-Flyer Miles at all or the number that you will receive on any given flight. Additionally, although Way To Fly collects, stores and transmits the membership details related to a loyalty program to the Supplier, there is no guarantee that Frequent-Flyer Miles will be awarded. It is solely your responsibility to ensure that all membership details related to a loyalty program are correctly provided to Way To Fly. You are also solely responsible for ensuring that any loyalty programs associated with a given itinerary may allows you to obtain Frequent-Flyer Miles on that Itinerary, as Way To Fly provides no guidance on which loyalty programs are valid or usable with an Itinerary. Way To Fly does not cater to your airline preference based on his or her desire to earn Frequent-Flyer Miles with a certain carrier. Any disputes or issues pertaining to Frequent-Flyer Miles should be handled between you and travel provider directly, with no assistance provided by Way To Fly. Way To Fly assumes no responsibility if the Traveler's Frequent-Flyer Miles program membership is suspended or terminated the Supplier.

30. TSA Secure Flight

Please be advised that the Transportation Security Administration (TSA) requires airline passengers to carry a government issued ID in order to board a flight. The name, date of birth and gender that appears on the ID must exactly match the same such data that is listed on your airline ticket and in your booking records. Failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint which could cause you to miss your flight.


Please be advised that beginning October 1, 2020 a state-issued ID or license may only be used to pass through airport security checkpoints and to subsequently board a flight within the United States if it is REAL ID compliant. State issued temporary driver's licenses, hunting, firearms or weapons permits are not acceptable forms of identification. Please contact your state department of motor vehicles if you are unsure whether your ID complies with the REAL ID Act.

32. Children

TSA does not require children under 18 to provide identification when traveling with a companion within the United States. However, airline policies regarding ID requirements for minors may differ from TSA rules. Please contact the airline(s) shown on your itinerary to inquire about any airline-specific ID requirements for travelers under 18.

33. Hotel Check-In Terms

Upon check-in, the holder of the reservation must provide a valid identification and cash deposit, credit or debit card, as determined by the hotel at the hotel’s sole discretion, in his or her name (the amount of available credit required will vary by hotel). Depending on the hotel’s policy, debit cards may not be accepted for this purpose. Such deposit is unrelated to any payment received by Way To Fly.

Hotel accommodation for more than two adults is not guaranteed, as certain hotels do not allow additional guests. If the hotel at which you made a reservation does allow additional guests, there may be added charges. Such added charges vary and will be payable directly to the hotel, not Way To Fly.

In the event you are delayed on your date of check-in or find that you cannot check-in to your hotel on the date you requested, contact the hotel directly to advise it of your travel changes. Depending on the applicable hotel’s terms and conditions, if you do not check-in to your hotel on the day of your reservation and also do not alert the hotel, the hotel may cancel the remaining portion of your reservation and may not provide you with a refund.

34. Hotel Reservation Changes and Cancellations

There are various cancellation policies among hotels. Some reservations are non-cancellable and cannot be altered. Other reservations require a penalty payment for cancellation. Of course, some reservations are fully refundable upon cancellation. You should check your hotel’s cancellation policy before you book. If changes to your pre-paid reservation are allowed by the hotel, such changes or cancellation may only be permitted with a booking of a new reservation with that hotel. You acknowledge that in no event will Way To Fly be required to refund any amounts.

You should check room and rate details in advance of making any reservation, as sometimes lower rates are available at a hotel but such rates can carry special conditions and restrictions (as an example: in respect of cancellation and refund for such reservation).

35. Rental Car Service Restrictions

Vehicle rentals available through the Website are subject to the applicable car rental company’s standard rental contract. When you pick up your vehicle, you will be required to complete such contract. If you would like to review the terms of such agreement, please contact the applicable Travel Service Provider directly. Way To Fly is not a party to such agreement.

For a reservation made for a retail price disclosed rental car, please be advised that Way To Fly is not the merchant of record and does not charge your credit card. Rather your credit card will be used to guarantee the reservation and you will be provided with information regarding the estimated amount due to the rental car company upon pick-up of the vehicle. The actual price owed to the rental car company may vary depending on special requests you make and additional items you may choose to purchase at the time of pick-up. The rental car company may also charge different pricing if you deviate from the schedule you reserve (for example: if you pick up or drop off the car late). Upon pick-up of the rental car, the driver will be required to present a valid driver's license and a valid credit card in the driver’s name. Specific cars, makes and models are not guaranteed and listed car makes and models are for example only. As a result, your reservation requests are not guaranteed by us or the rental car company. Please note Way To Fly is not the vendor collecting and remitting taxes to the applicable taxing authorities. Way To Fly’s rental car suppliers, as vendors, bill all applicable taxes to Way To Fly and the Way To Fly pays over such amounts directly to the vendors. Way To Fly is not a co-vendor associated with the vendor through whom we book or reserve travel arrangements and itineraries for customers. The reality of taxation, the appropriate tax rate and the type of applicable taxes vary significantly by location.

36. Site Usage

These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Way To Fly and its Providers.

37. Site Availability

We will use reasonable efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

38. Termination

Way To Fly, at its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site. Way To Fly shall not be responsible to you for such suspension or termination. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass.

39. Trademarks

Way To Fly, Way To Fly TOURS, Way To Fly TRAVEL and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Way To Fly and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Way To Fly or the relevant Provider, except as an integral party of any authorized copy of the Content.

40. Baggage Liability

For flights within the U.S., federal rules require any limit on an airline's baggage liability to be at least $3,500 per passenger. For international travel (including domestic portions of international journeys) different liability limitations apply to the loss, delay, or damage to baggage. If the Montreal Convention applies, the limit is 1,228 Special Drawing Rights (approximately $1780) per passenger unless a higher value is declared in advance and additional charges are paid. If the Warsaw Convention applies, the limit is approximately $9.07 per pound ($20.00 per kilogram) for checked baggage and $400 per passenger for unchecked baggage unless a higher value is declared in advance and additional charges are paid. Excess valuation may not be declared on certain types of valuable articles. Airlines assume no liability for fragile or perishable articles. Further information may be obtained from the airline.

41. Notice

Overbooking of Flights - Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for compensation of the airline's choosing. If there are not enough volunteers, the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions, including failure to comply with the carrier's check-in deadline (which are available upon request from the air carrier), persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline's boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries, although other consumer protections may be available. Check with your airline or with us at info@waytofly.com.

42. Privacy Notice

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. Providing this information is voluntary; however, if it is not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. 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.

43. Contract of Carriage

The agreement between the airline and the passenger incorporates by reference the terms of the airline's contract of carriage. Passengers may inspect the full text of the contract of carriage at the carrier’s website, the airport or city ticket offices. Passengers have the right, upon request to the airlines, to receive free of charge by mail or other delivery service the full text of the contract of carriage. The incorporated terms of the contract of carriage may include: (1) Limits on the airline's liability for personal injury or death of passengers, and for loss, damage, or delay of goods and baggage, including fragile or perishable goods; (2) Claim restrictions, including time periods within which passengers must file a claim or bring an action against the airline for its acts or omissions or those of its agents; (3) Rights of the airline to change terms of the contract; (4) Rules about reconfirmation of reservations, check-in times, and refusal to carry; (5) Rights of the airline and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate airline or aircraft, and rerouting.

44. Advice to International Passengers on Limitations of Liability

Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of treaties known as the Montreal Convention and the Warsaw Convention may be applicable to their entire journey including the portion entirely within the countries of departure and destination. The Conventions govern and in most cases limits the liability of carriers to passengers for death or personal injury. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under the Montreal Convention or Warsaw Convention. For further information please consult your airline, attorney or insurance company representative. We do not answer questions about travel insurance coverage.

45. 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 of 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. For further information contact your airline representative.

46. Disinsection

Some countries may require aircraft operating international flights to be treated with insecticides. Additional information can be obtained from the U.S. Department of Transportation (http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements).

47. Post Purchase Price Increases

You are advised that the airline tickets, air tours or other products you are purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post purchase price increases may be applied due to additional costs imposed by a travel services provider or government. If applicable, you agree to be pay additional sums to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange rates or any combination thereof.

48. Seller of Travel Registration Information

States in which Way To Fly is required to and does hold a license to sell travel services are:

California: CST # 2124912-40. Registration as a seller of travel does not constitute approval by the State of California. California Law requires certain sellers of travel to have a trust account or bond. This business has a trust account. Registration as a seller of travel does not constitute approval by the State of California.

49. California Travel Consumer Restitution Fund

All transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.

50. California and Illinois Residents

Upon cancellation of any services, where the Traveler is not at fault and has not canceled his in violation of any Terms and Conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to Way To Fly for services not provided will be promptly paid to the Traveler. In California and Illinois, this provision does not apply where the Way To Fly has remitted the payment to another Supplier, without obtaining a refund, and where the Supplier defaults in providing the agreed-upon transportation or service. In this situation, Way To Fly must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment to Supplier.

51. Changes to These Terms

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.

52. Attorneys’ Fees Clause

Way To Fly is entitled to recover, and you agree to pay, all costs, expenses, and legal fees (including the fees of attorneys and persons not admitted to the bar performing services under the supervision of an attorney) incurred by Way To Fly in enforcing this Agreement.

53. General

You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.

54. Governing Law, Jurisdiction and Severability

This Agreement will be interpreted according to the laws of the State of California in the United States. You agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in California. If the good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed exclusively in federal or state court in San Mateo County, California. You agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by you in a court outside of San Mateo County, California, you agree to pay our costs and reasonable attorney fees associated with defending such action or proceeding. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties.