Terms & Conditions

Updated July 06, 2022

Please read these terms and conditions carefully before using Our Site.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, whereas “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Country refers to Michigan, the United States, and Ontario, Canada.

Company (referred to as either ” Company”, “We”, “Us”, or “Our” in this Agreement) refers to Sky Bird Travel & Tours LLC, 24701 Swanson Rd, Southfield, MI 48033.

Device means any device that can access the Site such as a computer, a cellphone, or a digital tablet.

Site refers to the website mywingsbooking.com.

Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Site.

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Site.

You means the individual, company, or other legal entity on behalf of which such individual accessing or using the Site, as applicable.

Acknowledgment

These are the Terms governing the use of this Site and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Site.

Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Site.

By accessing or using the Site, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Site.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Site.

Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Site and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Site.

Other Website Links

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or directly or indirectly liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Site will cease immediately.

Limitation of Liability

WE WILL NOT BE RESPONSIBLE OR LIABLE FOR: (I) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE; OR (II) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THE SITE OR ITS CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN; OR (II) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If despite the limitation above, We are found liable for any loss or damage which arises out of or in any way connected with Your use of the Site, in no case shall our total liability, or that of our Providers, exceed the total costs stipulated in the itinerary that generate such liability. Please note that claims or causes of action arising out of or in connection with your access and use, or the purchase of products and/or services from the Site must be submitted within one hundred eighty (180) days from the date the purchase was completed. The legislation in force may not allow limits or exclusions regarding the liability for such damages, so the aforementioned limitations may not apply in your situation, but shall be applied to the fullest extent permitted by law. Your use of the Site will be at your own risk. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to indemnify Us, our Affiliates, any of our Providers, and any such parties’ officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by You or third parties as a result of (a) Your breach of this Agreement, (b) Your violation of any law or rights of any third party, or (c) Your use of Our Site.

“AS IS” & “AS AVAILABLE” Disclaimer

The Site is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Site. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes

If You have any concerns or disputes about the Site, You agree to first try to resolve the dispute informally by contacting the Company at info@skybirdtravel.com.

The dispute resolution methods arising from violations of the Site or this Agreement will be settled on the basis of either binding arbitration to be conducted in Southfield, Michigan, or by court action in the courts of the State of Michigan located in Oakland County, or the Federal District Court for the Eastern District of Michigan. The party initiating the action shall elect one of the two options listed above. In either event, by using this Site, you are voluntarily submitting yourself to the jurisdiction of the United States of America and the State of Michigan. This Agreement and any dispute between you and the Company shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.

The prevailing party of any such action (whether it be arbitration or court action), shall be entitled to recover all its costs and expenses, including reasonable attorney fees, incurred in bringing or defending such action. For the purposes of this provision the term “prevailing party” shall mean the party that recovers at least fifty (51%) percent of its stated request or is found liable for less than forty-nine (49%) percent of the demand of the opposing party.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

We have made the Terms with a translation available to You on our Site. You agree that the original English text shall prevail in the case of a dispute.

Term Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site.

DISCLAIMER

FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO “US” “WE” AND “OUR” SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR PROVIDERS OR PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON THE SITE.

WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON THE SITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT THE SITE, ITS SERVERS, OR ANY EMAIL SENT FROM US OR OUR PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.

Contact Us

If you have any questions about these Terms, You can contact Us by email at info@skybirdtravel.com.

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