BETA Terms of Service

These Beta Terms of Service constitute a legally binding agreement between you (the “Customer”) and AIRebooker.com, Inc. (“AI Rebooker”) governing Customer’s use of and access to the services made available at airebooker.com and related mobile applications (collectively, the “Platform”). AI Rebooker and Customer shall individually be referred to as a “Party” and collectively as the “Parties.”

By clicking “I Agree to the Terms of Service” or by accessing or using the Platform, you agree to be bound by these Terms of Service.

1 – Beta Services

1. AIRebooker provides a beta version of its proprietary travel optimization platform that monitors and analyzes previously reserved travel arrangements, including flights, hotels, and rental car reservations (each a “Booking”). The Beta Services utilize automated monitoring systems and algorithms to:
   • Track real-time pricing for Travel Booking(s)
   • Compare current market rates with users’ Booking(s)
   • Identify potential cost-saving opportunities
2. As part of the Beta Services, Customer will receive email notifications about potential opportunities to rebook a Booking at prices lower than the original purchase price (each, a “Rebooking Opportunity”). Customers must initiate ALL rebooking(s) directly with the airline, hotel and/or rental car provider (“Travel Vendor”). Additional terms, conditions, policies, rules, or restrictions dictated by the applicable Travel Vendor may apply to Customer’s purchase of a Rebooking Opportunity. It is Customer’s responsibility to verify all Rebooking Opportunity terms, conditions, and cancellation policies with the Travel Vendor before proceeding with any cancellation or rebooking.
3. AIRebooker is a notification platform only and does not book or rebook any travel arrangements with any Travel Vendor.

2 – Customer Accounts and Registration

To access and use the Beta Services, Customers must register for an account by providing accurate, current, and complete information. AIRebooker reserves the right to suspend or terminate accounts suspected of fraudulent use or violations of these Terms of Service. Customers agree to notify AIRebooker immediately of any unauthorized account use or other security breaches.

3 – BETA SERVICES – DISCLAIMER

Customer acknowledges that the Beta Services are for testing and evaluation purposes only and may contain errors, bugs, or other technical issues that could affect functionality, performance, or accuracy of Rebooking Opportunities. Features may be modified, added, or removed during the Beta Service period without notice.

WHILE THE BETA SERVICES MAY SUGGEST ALTERNATIVE REBOOKING OPPORTUNITIES, AI REBOOKER DOES NOT GUARANTEE THE AVAILABILITY, QUALITY, OR RELIABILITY OF ANY REBOOKING OPPORTUNITY NOTIFICATION(S). PRICES IN NOTIFICATIONS MAY FLUCTUATE BETWEEN THE TIME OF NOTIFICATION AND CUSTOMER’S ACTUAL REBOOKING ATTEMPT.

4 – CANCELLATION RISK – DISCLAIMER

REBOOKING OPPORTUNITIES ARE NOT GUARANTEED. IF YOU CANCEL YOUR EXISTING BOOKING, THERE IS ALWAYS A RISK THAT THE REBOOKING OPPORTUNITY MAY NOT SUBSEQUENTLY BE AVAILABLE.

REBOOKING AND CANCELLATION OF BOOKING(S) IS AT YOUR SOLE RISK AND AI REBOOKER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ARISING OUT OF THE UNAVAILABILITY OF A REBOOKING OPPORTUNITY, YOUR INABILITY TO REBOOK, OR CANCELLATION OF AN EXISTING BOOKING.

5 – License and Beta Period

AIRebooker hereby grants to Customer a non-exclusive, limited, revocable, non-sublicensable, non-transferable, non-assignable license to access and utilize the Beta Services solely for evaluation purposes during the beta testing period. The Beta Services testing period shall continue until terminated by AIRebooker in its sole discretion. AIRebooker shall have the right to suspend the Beta Services, at any time, in its sole discretion.

6 – Service Fees

Customer agrees to pay AIRebooker a 10% service fee (the “Service Fee”) for each Accepted Rebooking Opportunity (as defined below).

1. Processed Upon Acceptance. Service Fees will be processed upon Customer’s affirmative acceptance of a Rebooking Opportunity either via email or through the Platform’s notification interface (“Accepted Rebooking”).
2. Calculated Based on Cash Value. Service Fees will be calculated based on the difference between the cash value of the original Booking and the cash value of the Accepted Rebooking, regardless of whether the Booking or Accepted Rebooking was paid for by miles or points redeemed through a loyalty or reward program with a Travel Vendor or Customer’s credit card.
3. Authorization. You authorize AIRebooker to charge all Services Fees to the payment method(s) provided by Customer in its account profile. All fees will be charged in USD.
4. Acceptance of a Rebooking Opportunity only triggers payment of a Service Fee – it does not rebook your existing Booking. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO INITIATE AND FINALIZE AN ACCEPTED REBOOKING DIRECTLY WITH THE APPLICABLE TRAVEL VENDOR. AIREBOOKER IS NOT RESPONSIBLE FOR REBOOKING CUSTOMER’S BOOKING.
5. TIME IS OF THE ESSENCE. All notified prices are subject to change at any time and may be available for a limited time. Availability is not guaranteed. Customer should promptly rebook an Accepted Rebooking as soon as possible to avail itself to lower prices offered by Travel Vendors.

7 – Feedback

Customer may provide feedback regarding the Beta Services, including suggestions, enhancement requests, recommendations, corrections, improvements, or testimonials (collectively, “Feedback”). Any Feedback provided by Customer shall be deemed non-confidential and non- proprietary. Customer hereby grants to AIRebooker a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, modify, distribute, and create derivative works based on such Feedback for any purpose, commercial or otherwise, without any obligation to Customer.

8 – Reservation of Rights

AIRebooker owns and retains all right, title, and interest, including all intellectual property rights, in the Platform and Beta Services. Customer warrants that it shall not: (a) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Platform and Services or any software, documentation, or data related to the Platform and Beta Services, (b) use for timesharing or service bureau purposes, or otherwise allow others to use the Platform and Beta Services for the direct benefit of any third party, or (c) sell, resell, license, sublicense, distribute, rent, or lease the Platform and Beta Services to any third party for any purpose, commercial or otherwise.

9 – Right to Modify, Suspend or Terminate Beta Services

AIRebooker may change, suspend, or discontinue the Platform and Beta Services, or any part of them, at any time without notice and without any obligation to release a final version of the Beta Services. AIRebooker may amend these Terms of Service in its sole discretion by posting the revised terms on the Platform. Your continued use of the Platform and/or Beta Services after the effective date of the revised Terms of Service constitutes your acceptance of the revised Terms of Service. Upon completion or termination of the Beta Services testing period, your access to the Beta Services will automatically terminate.

10 – Customer Representations and Warranties

Customer represents and warrants that (a) Customer is at least 18 years of age, (b) Customer is not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (c) Customer is not listed on any U.S. Government list of prohibited or restricted parties.

11 – Disclaimer of Warranties

NO GUARANTEE OF RESULTS OR SAVINGS. UNLESS OTHERWISE STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND BETA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AI REBOOKER DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM AND BETA SERVICES (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET CUSTOMER’S REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE. EXCEPT WHERE PROHIBITED BY LAW, AI REBOOKER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

12 – Limitation of Liability

AI REBOOKER SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM AND BETA SERVICES, EVEN IF AIREBOOKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AI REBOOKER’S AGGREGATE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE SERVICE FEE FOR THE ACCEPTED REBOOKING GIVING RISE TO THE CLAIM.

13 – Customer Support

For any questions relating to the Services, Customer may contact AI Rebooker’s customer support team at (434) 235-9631 or support@airebooker.com.

14 – Notices

All notices required or permitted to be given under this Terms of Service will be in writing and delivered to AIRebooker.com, Inc. at 17837 1st Avenue South #555 Normandy Park, WA 98148 and by email to Brian@airebooker.com. All notices will be sent to Customer to the email address associated with their account or will be conspicuously posted on the Platform.

15 – Accessing and Downloading the AIRebooker Mobile Application (“App”) from iTunes

Customer acknowledges and agrees that the availability of the App and the Beta Services is dependent on the third party from whom Customer has received the App license, e.g., the Apple App Store or Google Play (the “App Store”). The following applies to the AIRebooker mobile application (for purposes of this Section, the “App Store Sourced Application”) accessed through or downloaded from the Apple App Store:

1. You acknowledge and agree that (i) these Terms of Service are concluded between you and AIRebooker only, and not Apple, and (ii) AIRebooker, not Apple, is solely responsible for the App Store Sourced Application and content and warranties thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service, and you agree to pay all fees (if any) charged by the App Store in connection with the Beta Services, including the App.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, and AIRebooker, not the App Store, is solely responsible for the AIRebooker Services content.
3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between AIRebooker and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AIRebooker.
4. You and AIRebooker acknowledge that, as between AIRebooker and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and AIRebooker acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between AIRebooker and Apple, AIRebooker, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. You and AIRebooker acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms of Service, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

16 – Miscellaneous Provisions

1. Force Majeure. Except with respect to Customer’s payment obligations, any delay or failure in the performance of either Party’s duties or obligations under these Terms of Service will not be considered a breach if such delay or failure is caused by circumstances beyond a Party’s reasonable control, including, but not limited to, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, government ordered closures, embargoes, terrorism, natural disaster, denial of service attacks, war or acts of God.
2. Independent Contractors. The Parties to these Terms of Service are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created herein between the Parties. Neither Party will have the power to bind the other or incur obligations on the other’s behalf without the other Party’s prior written consent.
3. Severability. The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
4. Modifications. No modification of these Terms of Service shall be effective unless it is in writing and signed by an authorized representative of AIRebooker or posted by AIRebooker on the Platform.
5. Governing Law. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to or application of conflict of law principles and without regard to the United Nations Convention on the International Sale of Goods. The Parties consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington, with regard to any controversy or claim arising out of or relating to this Terms of Service, or the breach thereof.
6. Assignment. Customer shall not assign any of the rights or obligations under these Terms of Service without the prior written consent of AIRebooker.
7. Successors and Assigns. These Terms of Service are binding on and inures to the benefit of the Parties and their respective successors and permitted assigns.
8. No Waiver. No failure or delay by a Party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
9. Interpretation. Section headings are for reference purposes only and do not limit, expand, or otherwise affect the interpretation of any section.
10. Survival. Upon termination of these Terms of Service or the Beta Services, or Customer’s discontinuation of their use of the Services, any provisions that by their nature or express terms should survive, shall survive such termination, including, but not limited to, provisions related to intellectual property rights, indemnification, limitation of liability, and governing law.

17 – Entire Agreement

These Terms of Service comprise the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.

18 – CALIFORNIA CONSUMER COMPLAINTS

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19 – DMCA – NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT

If you have a good faith belief that your copyright has been infringed, you can CLICK HERE to download and submit a Notice of Claimed Infringement to AI Rebooker’s Designated Agent by email at support@airebooker.com.