Live Search Farecast Supplemental Terms of Use

Farecast.com is owned by Microsoft Corporation ("Microsoft" "us" or "we"). These Supplemental Terms of Use, along with the Windows Live Services Agreement, are a contract between you and Microsoft regarding your use of the Farecast Website (the "Site") and any associated products or services that we may provide to you through or in connection with the Site. In addition to these Supplemental Terms of Use, please carefully review the Microsoft Services Agreement, available at: http://help.live.com/help.aspx?project=searchtou&market=en-us. If you do not agree with any part of this these Supplemental Terms of Use or the Microsoft Service Agreement, YOU MUST NOT USE THIS SITE.

PART I
General Terms and Conditions


Acceptable Use

This Site is intended for personal, noncommercial use.

PART II
LIVE SEARCH FARECAST PRODUCT OFFERINGS


Fare Guard™ Terms of Use

We may, from time to time, make available for purchase by you, the User, a product currently known as "Fare Guard" (the "Fare Guard Product") that gives you certain fare price increase protection for a specific travel itinerary for specified travel departure and return dates (a "Protected Itinerary") if you purchase the Fare Guard Product for the Protected Itinerary in accordance with these Fare Guard Terms of Use (a "Fare Guard Purchase"). If the minimum price of the Protected Itinerary on the day the Fare Guard Product is offered to and purchased by you for the Protected Itinerary (the "Protected Price") increases to an amount that is above the Protected Price on any of the next seven days (the "Fare Guard Period"), and if you purchase a non-refundable ticket for the Protected Itinerary on such corresponding day, we will reimburse you (pursuant to the redemption process described below) the difference between the Protected Price and the lesser of (a) the increased minimum price displayed by Live Search Farecast for the Protected Itinerary on the day such ticket was purchased or (b) the price at which you purchased the ticket for such Protected Itinerary on any day within the Fare Guard Period (a "Fare Guard Redemption"). The Fare Guard Product and any associated Fare Guard Purchase and Fare Guard Redemption are subject to the terms set forth elsewhere in this Agreement and the following additional terms and conditions, as the same may be amended by us from time to time pursuant to this Agreement:

  • You must be a United States or Canadian resident to make a Fare Guard Purchase and/or request and obtain a Fare Guard Redemption.
  • You may only make up to four Fare Guard Purchases in a given calendar month.
  • You must use a valid United States credit card (i.e., Visa, Mastercard, AMEX or Discover) to make a Fare Guard Purchase.
  • Each Fare Guard Purchase is non-refundable, non-cancelable and non-transferable once made.
  • Each Fare Guard Purchase expires at 8:59pm Pacific Time (20:59 PT) on the seventh day after the date the Fare Guard Purchase is made. While a Fare Guard Purchase does not obligate you to purchase the Protected Itinerary, the Fare Guard Purchase will expire (and you will not be eligible for a Fare Guard Redemption) if you do not purchase the Protected Itinerary at a price higher than the Protected Price within the applicable Fare Guard Period.
  • Each Fare Guard Purchase is good for only one Fare Guard Redemption per airline ticket covered by the Fare Guard Purchase. Once a Fare Guard Redemption has been paid, the Fare Guard Purchase expires and is no longer valid.
  • To be eligible for a Fare Guard Redemption in connection with any Fare Guard Purchase, you must purchase the Protected Itinerary directly from an applicable major airline (click here for full list of applicable major airlines) or, for multi-carrier flights, through the applicable provider.
    ATA 800-435-9282 ata.com
    AirTran 800-247-8726 airtran.com
    Alaska 800-426-0333 alaskaair.com
    Aloha 800-367-5250 alohaair.com
    America West 800-235-9292 americawest.com
    American 800-433-7300 aa.com
    Continental 800-523-3273 continental.com
    Delta 800-221-1212 delta.com
    Frontier 800-432-1359 flyfrontier.com
    Hawaiian 800-367-5320 hawaiianair.com
    JetBlue jetblue.com
    Midwest 800-452-2022 midwestairlines.com
    Northwest 800-225-2525 nwa.com
    Southwest 800-435-9792 iflyswa.com
    Spirit 800-772-7117 spiritair.com
    US Airways 800-428-4322 usairways.com
    United 800-241-6522 united.com
    Virgin America 877-359-8474 virginamerica.com
  • You must submit each request for a Fare Guard Redemption to us through the "My Account" section of this Site. Each such request must be accompanied by documentation acceptable to us that establishes a valid purchase by you of the Protected Itinerary within the applicable Fare Guard Period, including, but not necessarily limited to, an e-mail or facsimile of the airline or agency confirmation that shows the purchase price you paid for the Protected Itinerary, the date on which you purchased the Protected Itinerary and the travel date(s) and other required parameters for the Protected Itinerary.
  • You must submit each request for a Fare Guard Redemption, along with all appropriate and required supporting documentation, to us no later than 72 hours after purchasing an airline ticket for the Protected Itinerary. Additionally, you expressly give us the authority to verify your ticket purchase with the applicable airline or agency where the ticket was purchased.
  • The maximum Fare Guard Redemption for each Fare Guard Purchase is $200. The minimum Fare Guard Redemption for each Fare Guard Purchase is $1.
  • We will reimburse you (via check sent to your account address) the amount of any Fare Guard Redemption payable in connection with a given Fare Guard Purchase within seven business days after our receipt and verification of a valid Fare Guard Redemption request submitted by you in accordance with these terms and conditions.
  • You will not engage in any fraudulent or illegal conduct in your purchase or use of the Fare Guard Product. We will have the right to verify all Fare Guard Redemption requests with the applicable airline or agency, and may prosecute any fraudulent or illegal requests to the fullest extent allowed by law.
  • Your rights under these terms and conditions, including, without limitation, the payment of any Fare Guard Redemption, are expressly contingent upon your full compliance with each of the requirements set forth in these terms and conditions and elsewhere in this Agreement. All eligibility and other matters relating to your purchase or use of the Fare Guard Product will be determined by us, in our sole discretion, and each such determination will be binding on you.
  • We reserve the right to 1) cancel any Fare Guard Purchase(s) made and/or 2) revise any daily lowest pricing information that result due to any system error, or because of incorrect information collected from any third party. If such instance(s) occur(s), we will notify you of such cancellation or will revise seven day lowest pricing information as soon as possible.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT'S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR RELATING TO THE FARE GUARD PRODUCT OR ANY OTHER PRODUCTS, SERVICES OR OTHER ITEMS FURNISHED BY MICROSOFT UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE FARE GUARD REDEMPTION PAYABLE BY US TO YOU FOR THE APPLICABLE FARE GUARD PURCHASE GIVING RISE TO THE CLAIM (OR, IN THE CASE OF ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, THE AMOUNT PAYABLE BY MICROSOFT TO YOU HEREUNDER WITH RESPECT TO THE APPLICABLE PRODUCT, SERVICE OR ITEM GIVING RISE TO THE CLAIM). Some states do not allow the limitation of liability, so the foregoing may not apply to you.

PART III
TRAVEL SERVICES


A. General

Travel Service Limitation of Liability

THE AIRLINES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

Passports, Visas, and Hazards

We have no special knowledge regarding foreign entry requirements such as the need for passports and visas, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. You hereby release the Covered Parties from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.