TERMS OF USE
Last update: September 1, 2024.
These Terms of Use (“Terms”) govern the use of services provided by Volemos Travel LLC, doing business as “Let’s Fly San Diego” and “Volemos”, and LetsFly LLC, (collectively, “we,” “us,” or “our”), by any user (“you” or “your”). By using our services, you agree to comply with these Terms and any other terms or conditions we provide.
- SUPPLIERS AND SERVICE PROVIDERS
We collaborate with third-party travel suppliers, including airlines, hotels, car rentals, cruises, and tour operators (collectively, “Suppliers”). We act as an intermediary between you and these Suppliers. - OUR ROLE
We assist you in finding travel Suppliers and arranging travel plans, but we do not enter into joint ventures, partnerships, employment, fiduciary, or similar relationships with you or any Supplier as a result of your use of our services.
Recommendations: We consider various factors, such as availability, your preferences, and input from Suppliers, when recommending them. While we make suggestions, the final choice is yours, and we assume no responsibility for dissatisfaction with the Suppliers you choose. - RESERVATION AND PURCHASE TERMS
When making a reservation or purchase through us, you agree to the terms and conditions set by the Suppliers. Violating these terms, such as failing to make timely payments, may result in the forfeiture of money paid, cancellation of reservations, or denial of services.
Price Changes: Supplier prices may change without notice until a reservation is confirmed.
Accuracy of Information: Descriptions and images provided for travel services are for informational purposes. We cannot guarantee the accuracy of this content and are not liable for any errors. You are encouraged to verify details directly with the Supplier before booking.
Liability Waivers: Some Suppliers may require you to sign liability waivers before using their services. If you refuse to sign, your reservation may be canceled, or you may be denied access to the Supplier’s services, according to their policies. It is your responsibility to comply with these requirements.
Refunds: Refunds, if applicable, are subject to the Supplier’s refund policies. While we will assist in the process, the Supplier determines the amount and timeline for any refunds. - PAYMENT TERMS
We accept various payment methods, including credit and debit cards. All payments must be made in the currency specified at booking. Payments made in cash may be eligible for a discount of up to 3%. This will be disclosed at the time of booking. - CHANGES AND CANCELLATIONS
General Terms: Your ability to cancel or modify reservations depends on the Supplier’s policies. Any changes or cancellations, if permitted, may involve fees.
Change and Cancellation Fees: In addition to Supplier fees, we may charge an administrative fee for processing changes or cancellations, which will be disclosed before proceeding. These changes are also subject to the policies of the Supplier.
Force Majeure: We are not liable for changes or cancellations due to unforeseen events (e.g., government actions, war, terrorism, weather). In such cases, the Supplier’s policies apply.
Non-Payment Cancellation: We and the relevant Supplier may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.
Involuntary Changes or Cancellations: Suppliers may cancel or modify your booking due to reasons beyond our control (e.g., overbooking, property closures, or natural disasters). In such cases, we will make reasonable efforts to notify you promptly and provide alternative options, assistance, or a refund, where applicable. These changes are subject to the Supplier’s policies
Travel Insurance: We highly recommend purchasing travel insurance to protect against unforeseen circumstances, such as cancellations, medical emergencies, or lost belongings. We are not responsible for the terms, coverage, or claims of third-party insurers. - DISCLAIMER REGARDING SUPPLIERS
SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF US. WE ACT SOLELY AS A SALES AGENT FOR SUPPLIERS AND ARE NOT LIABLE FOR, INCLUDING, WITHOUT LIMITATION, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, WHETHER DIRECTLY OR INDIRECTLY. WE SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, QUARANTINE, WEATHER, OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND OUR DIRECT CONTROL (EXCEPT WHERE REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW). WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER OR GOVERNMENTAL AUTHORITY. THE FACT THAT WE INCLUDE OR OFFER ANY PRODUCT OR SERVICE DOES NOT MEAN WE ARE ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED ARE LIMITED TO CLAIMS AGAINST THE SUPPLIER OF SUCH PRODUCTS AND SERVICES. WE HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SUPPLIER, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SUPPLIERS AND YOU HEREBY EXONERATE US FROM ANY LIABILITY WITH RESPECT TO THE SAME. - PROPOSALS AND ADVERTISED TRIPS
Travel proposals and advertised trips are for informational purposes only and are subject to change without notice. Final pricing and availability are confirmed at the time of booking. We do not guarantee that advertised prices will be available at the time of reservation.
California AB-537 and SB-478: In compliance with AB-537 and SB-478, all advertisements for our travel services include all charges except government taxes and mandatory fees. The full cost, including taxes and fees, will be displayed before you finalize your booking. - CALIFORNIA CONSUMER DISCLOSURES
Seller of Travel: Volemos is a registered Seller of Travel in the State of California, CST 2159503-40. California law requires certain sellers of travel to have a trust account or bond. Volemos has a trust account. Volemos participates in the California Travel Consumer Restitution Fund (TCRF).
Right to prompt refund in the event of a cancellation: Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly reimbursed to the passenger unless the passenger otherwise advises the seller of travel in writing after cancellation. This provision does not apply where the seller of travel has remitted the payment from the customer to another registered wholesale seller of travel or a carrier, without obtaining a refund, and such other provider fails to provide the agreed-upon transportation or service. In this situation, the initial seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the customer payment, and if disbursed to a registered wholesaler of travel, proof of current registration of that wholesaler.
California Travel Consumer Restitution Fund (TCRF): This transaction is 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; 468 Manzanita Ave., Suite 1, Chico, CA 95926; or by visiting TCRC’s website at: www.tcrcinfo.org. - USER CONDUCT
You agree to use our services lawfully and must not breach any applicable local, national, or international laws or regulations. You further agree to refrain from engaging in fraudulent, harmful, or deceptive activities, impersonating others or misrepresenting your affiliation, and disrupting or interfering with our services. - INTELLECTUAL PROPERTY
All content, trademarks, and intellectual property related to our services belong to us or our Suppliers. You may not use or distribute any of this material without prior written consent. - DISPUTE RESOLUTION
Governing Law: These Terms are governed by and construed in accordance with the laws of California for Volemos Travel LLC and the laws of Texas for Let’s Fly LLC, without regard to conflict of law principles.
Arbitration: Any disputes arising from these Terms or your use of our services will be resolved through binding arbitration administered by the American Arbitration Association (AAA). Arbitration will take place in the county where the relevant LLC is located: San Diego County for Volemos Travel LLC, or Hidalgo County for Let’s Fly LLC.
For disputes involving Volemos Travel LLC, which is located in California, arbitration may not apply to certain claims where California law prohibits arbitration (e.g., specific consumer rights cases). If a particular claim is not eligible for arbitration under California law, you may bring that claim in court.
Class Action Waiver: By agreeing to arbitration, both parties waive their right to bring or participate in a class action lawsuit, meaning any dispute must be handled individually through arbitration.
Limitation of Liability: To the fullest extent allowed by law, we and our affiliates, directors, employees, and agents are not liable for indirect, incidental, special, or consequential damages arising from your use of our services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim related to our services shall not exceed the amount you paid for the specific service in question. - INDEMNIFICATION
You agree to indemnify us against any claims, damages, losses, or legal fees arising from your use of our services, your violation of these Terms, or any infringement of third-party rights. - UPDATES AND MODIFICATIONS
We may update or modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services following the posting of changes constitutes your acceptance of the updated Terms. - NO THIRD-PARTY BENEFICIARIES
These Terms are solely between you and us. They do not confer any rights or benefits to any third party. - WAIVER
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that or any other provision in the future. - ENTIRE AGREEMENT
These Terms, along with any additional legal notices or agreements, constitute the entire agreement between you and us regarding your use of our services. They supersede all prior communications, agreements, and representations, both written and oral. - SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. - CONTACT INFORMATION
If you have any questions or concerns about these Terms, you can contact us at: Email: terms@letsflyusa.com.