Terms and COnditions
Welcome to Points Elevated, a division of Points Elevated LLC and operator of the website pointselevated.com. Please read the following carefully.
THESE TERMS BIND YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF THE POINTS ELEVATED ("OUR", "WE", OR "COMPANY") AND OUR SERVICES, WHETHER OFFERED ONLINE OR OTHERWISE ("SERVICES"). BY USING ANY OF THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF THESE TERMS ARE CONSIDERED AN OFFER BY THE COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
- Privacy of Your Information
Subject to purchase of the applicable plan and payment of all fees associated with that plan, We will provide You with the following Services:
- Flight Monitoring Services:
- answering pre-departure questions;
- sending updates prior to departure with flight information;
- searching for alternatives when required due to delays, cancellations, and misconnections ("Irregular Operations");
- assistance with other transportation methods if related to Irregular Operations; and,
- guidance in resolving disputes with travel providers (if requested within 10 days after completion of the trip).
- Mistake Airfare Planning Services
- researching low fares and best flight options (excluding frequent flier awards);
- booking flight tickets for You if desired; and,
- all Flight Monitoring Services.
- Award Redemption Booking:
- searching for frequent flier award availability;
- booking award flight tickets for You if desired (and if permitted by airline); and,
- all Flight Monitoring Services.
- Emergency Services:
- providing immediate expertise to help travelers not covered by other Services stated above find alternate flight plans; and
- searching for and booking last minute flight tickets.
- Flight Monitoring Services:
We shall use good faith to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your requests and instructions. We make no representation or warranty that the Services will always satisfy your requirements. We assume no liability in the event We are unable to assist You due to circumstances beyond Our control, including, but not limited to, (i) lack of availability of alternate airline flights or other travel arrangements, (ii) failure of communication methods that prevent Us from contacting You, (iii) Your failure to follow Our instructions or otherwise accept Our recommendations and travel plans, or (iv) Your late or non-arrival at any scheduled flight or other arrangement. We are also not responsible for the conduct of any third party, including, without limitation, airlines, travel agencies and carriers, and other providers of travel booked through the Services.
3. Money Back Warranty
We want all of our clients to be satisfied with the Services that We provide. Therefore, We will refund the amount paid for Services (not third party charges) to You for any Service with which You are dissatisfied, provided that You comply with the following:
- You must have followed Our instructions associated with the Service for which You are seeking a refund.
- Your request for a refund must be in writing (which can be via email), submitted to Us not more than thirty (30) days after completion of the travel associated with the Service, and accompanied by (i) copies of all relevant documents that we request, and (ii) a statement of the reasons for which You were not satisfied with Our Service.
- You must request the refund in good faith, and not for any fraudulent or deceptive reason.
- You must otherwise be in full compliance with all of these Terms.
- Refunds will not be issued if we are able to find a booking for you using your points and miles but it does not satisfy your requirements. Should you have this happen we will continue to monitor award space via our Award Flight Monitoring service and email you should anything better come available.
We will investigate the circumstances and either process a refund or notify You of the reason why We are not providing a refund. Our decision is final as far as these Terms is concerned, but You may avail Yourself of the dispute resolution procedures set forth below if You disagree
4. Your Responsibilities
You understand, acknowledge, represent, warrant and covenant that:
- Services are expressly for You as requested. You shall not use the Services for any improper or unlawful purpose, or in violation of any statute or regulation of any governmental entity or airline or travel agency or company. You are over 18 years of age and understand that the Services are not intended for use by minors except when You are engaging Services on behalf of a minor and assume full responsibility for payment and compliance with all obligations (including, without limitation, any obligations or regulations that apply specifically to travel by minors, which We do not assume any liability for).
- You are responsible for payment of Our fees as well as any amounts we incur to third parties (such as travel agencies and travel carriers) for booking travel or otherwise providing the Services, and unless other arrangements are made will make such payments either through Stripe® via a request to your email address, by credit card pursuant to the next subsection.
- You will be responsible for any and all taxes assessed against the Services or other payments other than taxes on Our income. All payments and amounts will be in US dollars, unless otherwise indicated, and are due immediately upon receipt of Our invoice.
- If You request that We use Your credit card to pay for Services (including, without limitation, booking travel, or goods or services provided by third parties) You have the right to provide that credit card and allow Us to charge it, will pay the charges, and promptly upon request will provide any written or email confirmation of authorization. You acknowledge and agree that We shall have no liability or responsibility to You for using Your credit card in accordance with Your instructions.
- Telephone calls between You and the Company may be recorded and/or monitored for quality assurance, and You permit Us to do so. You are solely responsible for all access, service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
- All information You provide in connection with the Services and your requests for Services shall be complete and accurate and Your use of the Services shall be in good faith and not for any deceptive, fraudulent, unlawful or improper purpose. You also will not use the Services to provide a competing service, benchmarking activity or to collect information or a database without Our prior written permission.
- We reserve the right to revise the Services, or discontinue them, or revise these Terms in Our sole discretion at any time by posting the changes on Our website. Changes become effective thirty (30) days after posting. Your continued use of the Services after changes become effective means that You accept those changes. You should visit the Site regularly to ensure you are aware of the latest Services and Terms.
- We reserve the right to refuse to provide Services to You at any time for any reason or no reason.
5. Third Party Sites
Our website may give you access to links to third-party websites ("Third Party Sites"). The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.
6. Warranty Disclaimer
OTHER THAN THE EXPRESS WARRANTIES PROVIDED BY EITHER PARTY HEREIN, THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR RESULTS.
7. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABLITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THE COMPANY'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE SERVICES UNDER WHICH SUCH LIABILITY AROSE.
You may terminate these Terms at any time for any reason or no reason. No fees or payments shall be refunded in the event of such termination. We may also elect to stop providing Services to You at any time upon notice; provided, however, that in that case We will refund a pro rata share of prepaid fees for Services (but not any amounts paid to third parties on Your behalf). Any accrued rights to payment and Sections 5-10 shall survive termination.
- Entire Agreement. These Terms and any policies applicable to you posted on Our website constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- Choice of Law. These Terms and your use of the Services shall be governed by the substantive laws of the State of Florida without reference to its choice or conflicts of law principles.