TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. WHILE WE ARE VERY APPRECIATIVE OF YOUR BUSINESS, IT IS OUR OBLIGATION TO PROVIDE THIS INFORMATION TO YOU. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Who You Are Buying From.
We act as a limited agent or independent seller for those third-party businesses that are promoting or otherwise providing the Products for which you purchase tickets or vouchers, such as venues, teams, artists, nightclubs, travel companies, rental companies and promoters (each a “Supplier”). WE ARE PROVIDING ACCESS TO THE SUPPLIERS’ PRODUCT — NOT THE PRODUCT ITSELF. WE HAVE NO CONTROL OVER THE SUPPLIERS’ ACTUAL PRODUCTS. YOUR DISSATISFACTION WITH A SUPPLIER’S PRODUCT SHALL BE ADDRESSED WITH THE APPLICABLE SUPPLIER; HOWEVER, ANY REFUNDS OR EXCHANGES SHALL BE GOVERNED BY SECTION 6 OF THESE TERMS AND CONDITIONS OF SALE. We will be handling the transaction and collecting payment, and if the tickets or vouchers are sent, they will be sent from the United States, regardless of what country you live in. You acknowledge that some Suppliers may require you to sign their liability waiver prior to participating in their Product. You understand that any violation of any such Supplier’s rules and restrictions may result (a) in cancellation of your purchase, (b) in your being denied access to the applicable Product, and (c) in your forfeiting any monies paid for such Product. Please ensure you read the full terms and conditions of the applicable Supplier, which may be found on the Supplier’s website or by contacting the Supplier directly. Tickets or vouchers obtained from unauthorized sources – sources other than directly through us – may be lost, stolen or counterfeit, and if so are void.
2. Order Acceptance and Cancellation.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, either in whole or in part, you will receive a refund credit to your account for the cancelled Product. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Unless otherwise explicitly set forth herein, once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
Additionally, if your order requires you to pick up your tickets or vouchers at any hotel destination or will-call office, your order shall be deemed accepted upon your receipt from us of an electronic or other form of order confirmation; subject, however, to the first paragraph of this Section 2. Your failure to pick up your order as described at the time of purchase shall not be deemed a rejection by you of your order and shall not relieve you of any payment or credit card charge for such order.
We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the Products which are offered on our Website; and, in the event we determine a Product has been purchased with the intent to re-sell it by any such person or entity, we reserve the right to cancel or void the transaction without notice.
We make every effort to maintain the availability of our Website; however, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service whether or not your order has been placed or received by us. Only you may be aware of problems that may occur during the purchasing process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation, nor if you erroneously assume the order was placed.
3. Payment Terms.
We may accept Visa®, Mastercard®, American Express® and Discover® cards for all purchases, as well as certain BestofOrlando.com-branded gift cards, Paypal® and international credit cards for certain purchases, in our sole discretion. You represent and warrant to us that (a) the credit card information or other payment information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company or other finance company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. By placing your order, you authorize us to charge your method of payment for the total amount, which includes the ticket price and any taxes and/or fees.
Payment must be received by us prior to our acceptance of an order. All payments must be in United States dollars. Current billing address, email address and phone number must be included with every order if any such information is requested by us. You agree to pay interest on all past-due sums at the highest rate allowed by applicable law. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We retain a security interest in the Products and all proceeds thereof until the full purchase price therefore (including taxes, fees and any additional charges) has been paid. Without limiting the foregoing, we reserve the right to mitigate its damages by relisting and selling the tickets or vouchers that are the subject of the underlying payment dispute.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
4. Changes in Products and Pricing.
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice to you. To the extent that we provide information on availability of Products, you should not rely on such information, and we will not be liable for any lack of availability of Products that you may wish to order through our Website.
All pricing for the Products available on our Website is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements and other extenuating circumstances.
In the event the amount you pay for a ticket or voucher is incorrect, regardless of whether such error is due to an error in a price posted on this Website or otherwise communicated to you, or due to a human error or a transactional malfunction of this Website or other BestofOrlando.com-operated system, then we shall have the right (but not the obligation) to cancel that ticket or voucher (or the order for that ticket or voucher) and refund to you the amount that you paid. Alternatively, we may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, we will allow you to cancel your order.
5. Taxes & Fees.
While we detail the taxes and fees we charge on the Website located on the Checkout page of our Website, we have provided them below for your convenience.
The following information details the taxes and fees that may be applied to your order, when purchasing tickets, hotel reservations and other travel arrangements with us. We hope that you find this information helpful. BestofOrlando.com has offices and operates out of several states which dictate the applicable sales taxes that, in some cases, must be collected and remitted on the local or state government's behalf. Similarly, our Suppliers may operate in the same or additional states creating a sales tax liability that is passed on to us and recovered to the extent required by our Suppliers or applicable laws.
(b) Tickets and Travel.
Unless otherwise noted, prices shown for travel packages are in United States Dollars for one adult, and if the travel package includes a hotel, based upon double occupancy. Prices are subject to change based upon your choice of travel dates, number of travelers, departure city, and your choice of flight, hotels or other items, and may require a minimum nights' stay. For ticket orders, the information and all terms and conditions regarding the ticket Products will be listed on our website for you to review prior to purchase. In most instances, ticket orders are non-refundable and non-transferable. We are able to offer the most competitive pricing and product selection by eliminating excessive service fees and relying on our database to connect directly to most of our suppliers. This prohibits us from being able to offer refunds and/or cancellations. Amounts displayed in the "Taxes & Fees" line for ticket transactions consist of the amount that we expect the relevant attraction/event/travel supplier to bill us for any applicable taxes, governmental fees and other charges, as outlined above plus an additional processing service fee that we retain as further described herein.
(c) Hotel Transactions.
In order to provide you with the best offers available, we provide and market hotel rooms on the site on a prepaid model, where we collect the full amount from you up front and handle the payments to the hotel. Amounts displayed in the "Taxes & Fees" line for hotel transactions consist of the amount that we expect the relevant hotel to bill us for any applicable taxes, governmental fees and other charges, as outlined above plus an additional processing service fee that we retain as described below. With respect to hotel Products, the rates offered on this Website are special low rates for pre-paid reservations. Please note that incidentals such as valet, parking, resort fees, room service, energy fees, etc. will be charged directly by the hotel. You should confirm the existence of any such fees directly with the hotel.
(d) Additional Information.
If applicable, information regarding taxes, governmental fees and other charges on any travel-related transactions not discussed above will be calculated and displayed to you prior to check-out. Also, remember that you may incur other charges while traveling that are not payable to us and are not included in the quoted price, such as hotel extra-person or extra-bed charges, resort fees, gratuities, parking fees, telephone fees, room service, movies, mini-bar, or rental car insurance, gasoline, and other incidentals.
(e) Shipping Fees.
Some product transactions require the delivery form of shipping. Certain packages may be required to be shipped by UPS to ensure delivery. The shipping fees are standard fees that are delegated to us by our service providers. If you are responsible for any shipping or delivery fees, they will be calculated and displayed to you prior to check-out.
(f) Miscellaneous Other Fees.
Some ticket transactions may be available for electronic ticket delivery and various payment options may be available based on supplier availability. Various service fees and/or restrictions may be applicable. This information will be displayed prior to all purchases and additional delivery options are for your convenience. Certain service fees are charged for processing your ticket orders and travel reservations through our system. These are often bundled into the Taxes and Fees section in order to maintain the opaque nature of the "prepaid" rate, as required by our contracts with our suppliers. This means that, because in many cases we offer exclusive promotions or special discounts, our suppliers do not want their product to be discounted without noting the taxes and fees separately.
6. Refunds and Exchanges; Fees.
Before making a purchase on the Website, carefully review your event and seat selection, or other information pertinent to your purchase, as may be applicable. Policies set forth by Suppliers, including but not limited to venues, generally prohibit us from issuing exchanges or refunds after a ticket has been purchased or for any lost, stolen, damaged or destroyed tickets. As such, there are no refunds, cancellations or changes after an order has been placed under any circumstances, except as explicitly permitted herein or as we may permit in our sole and absolute discretion. Unless otherwise stated herein, changes, cancellations and refunds, if permitted for the transaction, may carry a fee of 10% of your total order price. We may occasionally offer tickets at a discount after the original on-sale date and will not refund the difference between the original price and the sale price. We will provide you with a full refund for any purchase of a show or event with a specific time and date, if any such show or event is cancelled by the Supplier.
With respect to hotel products, the rates offered on this Website are rates for pre-paid reservations. Your credit card will be charged the full amount immediately and the total price includes all tax charges and service fees. Hotel cancellations or changes can be made in accordance with the terms and conditions supplied by the applicable Supplier at the time of purchase, or unless otherwise permitted by us in our sole and absolute discretion. In addition to any cancellation or change fee that may imposed by the Supplier, we may impose a $25 cancellation or change fee per room in our sole and absolute discretion. However, please note that for any reservations associated with room type offers explicitly stating "Non-refundable", the standard cancellation policy is not applicable and these room type offers cannot be cancelled by you, or refunded, under any circumstances. Unused rooms and “No-Shows” are Non-Refundable. Arrivals made on the check-in date are considered “no-shows” if you arrive after 11:59pm Eastern Standard Time. Please note that hotels that are also casinos require the guest checking in to be 21 years of age or older. By purchasing any such hotel that is also a casino, you represent and warrant to us that you are at least 21 years of age. For any questions please contact our Customer Service through the toll-free number provided on the Website.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to Products you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by our Suppliers, and that you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase Products from this Website. Should you do so, your purchase may be cancelled or inactivated, and we may, in our sole and absolute discretion, (a) refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, (b) prohibit all users in whose name the credit card accounts or online accounts on which such chargebacks have been made, and (c) prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Website.
If, for any circumstances, a purchase is refunded, such refund will be issued using the same method of payment that was used for the purchase. If a credit card was used to make the refunded purchase, then only that credit card will receive the credit for the refund. However, in the event we provide a refund for reasons not otherwise expressly required by these terms and conditions, we may issue such refund in the form of a credit through a BestofOrlando.com-branded gift card or gift certificate.
We will not be liable for travel or other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
7. Hotel-Specific Terms & Conditions; Best Rate Guarantee.
We use a variety of hotel Suppliers in our effort to source the best accommodations, prices and availability of hotel reservations. Our hotel rates are only available through our Website and Customer Service, and cannot be obtained by calling the hotel directly. All hotel reservations made through us, including Exclusive and Special Rates, may not be used to challenge a hotel’s Best Rate Guarantee, and are excluded from any such claims.
BestofOrlando.com offers a Best Rate Guarantee based on a Qualifying Rate, described below.
A “Qualifying Rate” (a) applies only to hotel room rates available on public websites for businesses based in the United States, (b) does not include any guest fees, service fees, resort fees, taxes, surcharges, tariffs or other hotel-related charges, and (c) applies only to in-kind hotel bookings (i.e., for the same hotel, same room type, same travel date(s), same room type, same rate type, and for the same number of guests). BestofOrlando.com’s “Qualifying Rate” does not apply (a) to rates when they are combined as a package which includes other products or services, (b) to any rates that are offered due to errors or mistakes, (c) to any corporate discounts, reward programs, convention rates, meeting rates, interline rates or hotel promotions, nor (d) to rates offered where the property, company, itinerary or similar booking details are opaque or unknown until after the purchase, or where rates are determined by any sort of auction or bidding.
In the event a booking is subject to BestofOrlando.com’s Best Rate Guarantee and you find a rate that is less than the hotel room rate charged by BestofOrlando.com, BestofOrlando.com will refund you the difference between the amount paid on BestofOrlando.com and the lower rate available elsewhere; provided, however, that the maximum refund shall not exceed $150.00; and further provided that in the case that the maximum refund exceeds the original purchase rate, the original purchase rate will be refunded. Should you find a lower available rate that is covered under BestofOrlando.com’s Best Rate Guarantee, you must notify BestofOrlando.com within 24 hours after your booking with us. Your notification must be in the form of an email and sent to [email protected]. Your claim request must include the confirmation number, hotel name, travel check-in date and travel check-out date, number of rooms, number of guests, and the hotel website URL in which you are claiming to have a better rate. Please confirm the URL is correct and active. An active link must prove availability of all claims. Claims will not be evaluated or processed if only screenshots are provided. All requests and required documentation are subject to verification by BestofOrlando.com.
Each customer shall be limited to three Best Rate Guarantee claims per month, regardless of the number of accounts used by the customer.
8. Shipping Policy.
In addition to offering electronic delivery for many products and services, we offer a variety of shipping options to meet your shipping needs, as further set forth on the Checkout page of our Website. Please check the Checkout page for specific delivery options. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the posted shipping time frame is listed on the Checkout page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
These shipping terms are accepted by you by placing an order with us.
9. Advertising Disclaimer and Trademarks.
The descriptions of products and services that are posted on our Website are the representations of our Suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our Suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to Products available through our Website are the sole property of their respective owners.
10. Disclaimer and Limitation of Liability.
Our responsibility for defects relating to the Products available on our Website is limited to the procedures described in our return policy set forth herein. ALL PRODUCTS AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE, OR OUR PARENT, SUBSIDIARIES, RELATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE. NO EMPLOYEE OR REPRESENTATIVE OF BESTOFORLANDO.COM IS AUTHORIZED TO MODIFY THIS LIMITATION.
YOU HEREBY ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE PRODUCT FOR WHICH THE TICKET OR VOUCHER IS ISSUED, WHETHER OCCURRING BEFORE, DURING, OR AFTER THE EVENT OR USE OF THE PRODUCT. YOU HEREBY WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST BESTOFORLANDO.COM OR ITS RELATED COMPANIES ON BEHALF OF YOURSELF AND ANY ACCOMPANYING MINOR. SHOULD YOU PLACE AN ORDER ON ANY OTHER INDIVIDUAL’S BEHALF, YOU AGREE TO INFORM ANY SUCH INDIVIDUAL OF THE LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT, AND ANY USE BY ANY SUCH INDIVIDUAL OF ANY TICKET OR VOUCHER SHALL BE DEEMED AN ACCEPTANCE OF THESE TERMS AND CONDITIONS.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU HAVE ORDERED THROUGH OUR WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.
11. Ticket-Holder Behavior Policy; Ejection and Cancellation.
Venues reserve the right to refuse admission to or eject any person whose conduct such venue’s management deems disorderly, who uses profane, vulgar or abusive language, or who fails to comply with the venue’s rules or policies. In any such event, you shall not be eligible for (and we shall not be obligated to issue you) a refund for any such purchase; and we shall not be liable for any incidental or consequential expenses incurred by you.
12. Warranty and Return Policy.
Most of the Products available through our Website are covered under the Supplier’s warranty, which may be detailed in the Product’s description or on the Supplier’s website. If you have any questions regarding warranties in connection with any Supplier’s Products, you are strongly encouraged to contact such Supplier to determine if the warranty of such Product is acceptable to you. If applicable, such warranties apply from the date of order. You understand that we do not operate or control the Products offered by the Suppliers participating on our Website, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any Supplier to fulfill its obligations to you.
13. Privacy and Customer Information.
14. Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either us or you, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
15. Entire Agreement.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a formal written agreement signed by you and us. Except as expressly stated herein, to the extent that anything in or associated with the Website is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
16. Enforceability and Severability.
The invalidity or unenforceability of any terms or conditions hereof will in no way affect the validity or enforceability of any other term or provision. If any part of the terms and conditions hereof are determined to be invalid, unenforceable, or contrary to law or professional ethics, that part will be reformed, if possible, to conform to law and ethics and all other parts of these terms and conditions will remain fully effective.
These Terms & Conditions of Sale were last updated on January 9, 2020.