Terms of Service

Last Revised on September 22, 2017

Welcome to www.LastSeatApp.com. The LastSeat website, LastSeat mobile site, LastSeat mobile and tablet applications, and any other online communications and interfaces from or provided by LastSeat (collectively, the “Site”) are intended solely for personal, noncommercial use. The terms “we”, “us”, “our”, “the Company”, “LastSeat” and “LastSeat, Inc.” refer to LastSeat, Inc., a Delaware corporation. The term “you” refers to any natural or legal person or customer visiting the Site and/or booking a reservation through us or otherwise through our customer service agents.

This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein (collectively, the “Agreement”). You should also read our Privacy Policy [https://lastseatapp.com/privacy-policy/], which also governs your use of the Site, and is incorporated by reference in this Agreement. By accessing or using this Site, booking any reservations for travel products or services on this Site, or contacting our call center agents, you agree that the Agreement then in force shall apply. This Agreement describes your responsibilities and, among other things, limits the liability of LastSeat and its third-party suppliers or providers including, without limitation, the airlines and other suppliers that provide travel or other services through this Site (collectively, the “Suppliers”). You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement and other rules and policies of LastSeat. LastSeat reserves the right, in its sole discretion, to terminate the access to any or all of the Site or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever. In the event that any of the terms, conditions and notices contained herein conflict with the other terms and guidelines contained within any other LastSeat document or agreement, then these terms shall prevail.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST DISCONTINUE USE OF THIS SITE. BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THIS AGREEMENT.

USE OF THIS SITE

This Site provides both a live bidding module and an automated booking service through LastSeat’s proprietary YOUR SEAT YOUR PRICE® airline service. When you make a booking through this Site, that booking is made with the Supplier. Thus, LastSeat has no responsibility for the booking because LastSeat does not provide the travel products or services that you book. This Site only acts only as a user interface to facilitate that booking.

LastSeat does not provide, own or control any of the travel products or services that you can access through this Site. Such travel products and services are owned, controlled or made available by the Suppliers. The Suppliers are solely responsible for the travel products and services. The Suppliers terms and privacy policies apply to your booking so you must agree to, and understand those terms. Your interaction with any Supplier accessed through this Site is at your own risk and LastSeat does not have any responsibility should anything go wrong with your booking or during your travel. The display on this Site of any travel products, services, or Supplier does not in any way imply, suggest, or constitute a recommendation, approval, or affiliation by LastSeat of that product, service, or Supplier.

LastSeat is committed to your satisfaction, so if there is a problem or dispute with booking or rebooking a flight, we will do our best to address your concerns, discuss your options with the Suppliers, and pass along any potential solutions. Nonetheless, you will be responsible for any additional obligations and/or fees in connection with any such potential solution. You must seek any and all final relief directly from the Supplier. LastSeat will do its best to help, but it maintains no obligation to reach any kind of result.

As a condition of your use of this Site, you represent the following: (i) you are 18 years of age or older; (ii) you have the legal authority to create a binding legal obligation and if you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to the Agreement; (iii) you will only use this Site in accordance with this Agreement; (iv) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the Agreement that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Site is true, accurate, current and complete; (vii) you will comply with all applicable laws and regulations, including all import and export laws and foreign exchange laws; and (viii) you will safeguard your LastSeat account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

To transact with us, you must provide us with up to date and accurate account information about yourself, and such information shall include a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, a valid mobile number at which you can be reached, and your first and last name (collectively, “Contact Information”). LastSeat shall not be responsible for communication errors should your Contact Information be in accurate or incomplete. You are responsible for ensuring that you can receive emails, messages, mails, and other communications from LastSeat, and LastSeat is not responsible for any emails or other communications that were not received by you because they were blocked or filtered as spam or otherwise not received by you. You understand and agree that if you fail to provide us with accurate and up to date Contact Information about yourself, we will not be responsible for any misapplied payments/refunds/vouchers/reservations sent to a wrong address.

We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

DISPUTES

Any and all disputes or claims relating in any way to this Site, any dealings with us or the Suppliers, any services or products provided, or any representations by us or our Suppliers (“Claims”) will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce this Agreement as a court would. All proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, which can be found at www.adr.org. Payment of all fees will be governed by the AAA’s rules. To initiate an arbitration proceeding, you must send a notice requesting arbitration and describing your Claims to “LastSeat Legal: Arbitration Claims” at LastSeat, Inc., 333 Boulevard Mountain Lakes, NJ 07046. If we request arbitration against you, we will give you notice at the email address or street address you have provided.

ACCOUNT AND REGISTRATION OBLIGATIONS

If you open an account on this Site, you are responsible for maintaining the confidentiality of your User Identification and Password. If you use this Site as a guest user, you are responsible for maintaining the confidentiality of your email address and mobile number. In both cases and in any event, you are responsible for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User Identification and Password, email id and cell number as the case may be or IP address. Also as a User, you shall ensure the physical security and possession of your cell phone, computer, computer system, and computer network.

It is your duty to notify LastSeat immediately in writing of any unauthorized use of your User Identification and Password. LastSeat will not be liable for any loss that may be incurred by the User as a result of unauthorized use of your User Identification and Password. You shall not use anyone else’s User Identification or Password at any time. You agree to indemnify and hold harmless LastSeat, and its affiliates, and their respective officers, employees, directors, and agents (collectively “Indemnified Persons”) from and against all losses, claims, liabilities, actions, and damages (“Losses”) from a breach of the terms of this section.

PROHIBITED ACTIVITIES

All content, information, and infrastructure on this Site are proprietary. You agree not to: (i) modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site; (ii) use this Site or its contents for any commercial purpose; (iii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iv) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (v) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (vi) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of travel based on the Supplier that you select. These terms and conditions can be found on the Supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion. If you book two one-way tickets, each ticket will be subject to its own rules and restrictions and may result in additional risks relating to cancellation, delay, rescheduling, and additional fees. You acknowledge that some Suppliers may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. The Suppliers may require you to pay additional fees at the airport for certain services if you exceed certain limits as dictated by the Supplier, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance. Each Supplier should be consulted for complete information about its baggage and other ancillary fees.

LastSeat acts only as a facilitator of services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Suppliers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Suppliers. You agree to the following:

LastSeat is not responsible for any non-performance or breach of any contract entered into between you and a Supplier. LastSeat cannot and does not guarantee that the Suppliers will perform any transaction concluded on this Site. LastSeat shall not and is not required to mediate or resolve any dispute or disagreement between you and a Supplier.
LastSeat does not make any representation or warranty as to the item-specifics of the services to be provided by a Supplier booked through this Site. LastSeat accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
LastSeat does not make any representation or warranty as to the legal title, creditworthiness, etc. of any of its Suppliers. You are advised to independently verify the status of any particular Supplier.
LastSeat is not responsible for unsatisfactory or delayed performance of services by Suppliers.
You agree to release and indemnify LastSeat from any cost, damage, liability, or other consequence of any of the actions of any Supplier and specifically waive any claims that you may have in this behalf under any applicable law.
LastSeat cannot control the information provided by Suppliers, which is made available on this Site.

COMPLIANCE WITH FEDERAL LAW

You agree to abide by all federal laws and regulations relating to travel and the use of this Site including but not limited to those relating to hazardous materials. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include but are not limited to lighter fluid, fireworks, paints, oxygen bottles, tear gases, and radio-pharmaceuticals.

PAY WITH POINTS

LastSeat allows points or miles from selected Suppliers (“Points”) to be redeemed for certain travel-related goods and services on this Site. To be eligible to use Points on this Site, you must have a LastSeat account, you must have an eligible account with the Supplier of the Points that is active and in good standing, and your purchase must exceed minimum transaction value for the use of your points (if any).

Your Points account (“Account”) will be linked to your LastSeat account during the registration process on this Site. LastSeat reserves the right, in its sole discretion, to deny registration, de-link your Account, or terminate your ability to use Points on LastSeat for any reason. During and after registration, the Points provider may provide LastSeat with information about your Account, including your points balance. There is no fee to redeem your Points on this Site. Points may only be redeemed for eligible purchases travel-related goods and services that LastSeat will determine in its discretion. Your Points provider will deduct from your Account balance the amount of points you elect to use toward your eligible purchase. You may not combine points from one Points program provider with any other loyalty points from another provider to complete a single transaction. However, if you do not have enough points to complete an eligible purchase, you may use an eligible credit card associated with your Account to complete the transaction. Eligible cards for such transactions may be limited to cards associated with the Points used in the transaction. LastSeat may, in its discretion, allow you to combine points with eligible coupons. Additional terms and conditions may apply and are available at the applicable Points provider’s website.

PROMOTIONS

From time to time, and at LastSeat’s sole discretion, LastSeat may offer promotional programs as an incentive. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. LastSeat reserves the right, in its sole discretion, to cancel or refuse promotions. You permit us to send you promotional emails, messages, and communications on your Contact Information.

INTERNATIONAL TRAVEL

Travel to certain destinations may come with greater risks than others. We have no special knowledge regarding foreign entry requirements including but limited to the need for passports, visas or other travel documentation requirements, health and inoculation entry requirements, or other international restrictions and requirements. You are responsible for ensuring that you meet all foreign entry requirements. You must consult with the appropriate agency to determine travel document requirements. More information, but not necessarily complete information, can be found at: https://travel.state.gov, www.cdc.gov/travel, www.dot.gov, www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.cbp.gov. If you are refused entry upon arrival due to lack of adequate travel documentation, LastSeat will not accept any liability. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations and to ensure that you meet all health entry requirements, obtain appropriate inoculations and follow medical advice relating to your trip. Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see:

http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, LASTSEAT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

DISABLED PERSONS

We have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the Supplier directly.

THIRD PARTY BOOKINGS

If you use this Site to book travel for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all terms and conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto and the terms of this Agreement. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold LastSeat and the Suppliers harmless from and against any and all liabilities, losses, damages, suits, and claims (including the costs of defense), relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above. You are directly responsible for any request submitted on behalf of a Third-party including for total charges and performance obligations.

LIABILITY DISCLAIMER

LastSeat does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the travel products and services displayed on this Site. In addition, LastSeat expressly reserves the right to correct any pricing errors on our Site and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

The Suppliers are independent contractors and not agents or employees of LastSeat. LastSeat is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. LastSeat has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond their direct control, and has no responsibility for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

ALL INFORMATION, SOFTWARE PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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 APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION 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.

IN NO EVENT SHALL LASTSEAT AND/OR THE SUPPLIERS BE LIABLE FOR ANY DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, (AND EVEN IF LASTSEAT AND/OR THE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

If, despite the limitation above, LastSeat or the Suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of LastSeat and/or the Suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to LastSeat in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

INDEMNIFICATION

You agree to defend and indemnify LastSeat and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, which we incur due to: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Site.

LINKS TO OTHER SITES

This Site may contain hyperlinks to websites operated by parties other than LastSeat. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites; it is up to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association therewith.

SOFTWARE AVAILABLE ON THIS SITE

Any software that we make available to download from this Site (“Software”) is the copyrighted work of LastSeat and/or our respective Suppliers, protected by copyright laws and international treaty provisions. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (the “License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

MOBILE APPS

Your mobile device must be connected to the internet for the LastSeat mobile or tablet application (“Mobile App”) to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile App transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile App will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile App, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile App, you acknowledge, agree and consent to the automatic collection of this information.

CURRENCY CONVERSION

Currency rates from the currency converter on this Site (the “Currency Converter”) are based on various publicly available sources and should be used as guidelines only. Rates from the Currency Converter are not verified as accurate, actual rates may vary, and are not updated every day. Check the date on the Currency Converter feature for the day that currency was last updated. LastSeat and/or our respective Suppliers do not warrant or guarantee accuracy of the Currency Converter. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

For certain Suppliers, the price of your flight has been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the Supplier may be slightly different due to currency fluctuations. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Site. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since LastSeat may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction.

CODE SHARING

Some Suppliers enter into “code share” agreements with a limited number of select airline partners. This means that on certain routes, the airline carrier selling or marketing the flight does not fly its own aircraft to that destination. Instead, it contracts with a partner airline to fly to that destination. The partner airline is listed as “operated by.” In most cases you will check in with your “operating” carrier, but you should verify your flight check-in location with your ticketing carrier. If your flight is a code share, it will be disclosed to you in the booking process and prior to your payment on a price disclosed, retail airline ticket.

YOUR SEAT YOUR PRICE®

LastSeat’s YOUR SEAT YOUR PRICE® airline service maintains two unique features—both a live bidding module and an automated booking service. The automated booking service allows you to create alerts that generate automatic purchases made on your behalf. In addition to the terms of the Agreement, the following restrictions apply to both facets of LastSeat’s YOUR SEAT YOUR PRICE® airline service: (i) all tickets are non-refundable, non-cancellable, non-endorsable, and non-changeable. At the time that your request is accepted or a ticket is found that matches your automated booking criteria, your method of payment will be charged for the amount shown, regardless of whether or not the airline ticket is used. Credit will not be given for any unused airline tickets and cannot be used toward any future purchases; (ii) once a request is submitted, it cannot be modified by you; (iii) If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary; (iv) use of Points, standbys and upgrades will not be permitted; (v) if you submit a YOUR SEAT YOUR PRICE® request for airline tickets, you agree that if tickets satisfying your YOUR SEAT YOUR PRICE® request are located, the amount of the submitted YOUR SEAT YOUR PRICE® request, and taxes, charges, surcharges, shipping/handling and/or processing or other fees will be automatically charged to the method of payment you provided to us. The total cost will be disclosed to you before you submit your request. Our fee for fulfilling a request is included in the amount of your request. In addition, we charge a separate and additional processing fee. The fee amount varies depending upon airfare, carrier, destination and other factors and applies to both e-tickets and paper tickets. After the transaction is completed, you will be presented with an itemized breakdown of the costs and fees associated with your completed request; (vii) for certain international destinations, YOUR SEAT YOUR PRICE® airline tickets, government imposed taxes and fees and airline imposed fees will be included in your offer price; however, for these international destination itineraries, our processing fee will not be included in your offer price. The total cost of the ticket including all taxes and fees will be disclosed to you prior to purchase. For international flights, some countries or airports charge entry or exit fees upon entering or exiting the country/airport. These fees are not included in your offer price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country’s entry/exit fee, we suggest that you visit www.travel.state.gov; and (viii) shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional re-handling fee. Note: This fee, if applicable, will be displayed on your contract prior to purchase.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We welcome your feedback. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant LastSeat a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that LastSeat may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our Suppliers. You further grant LastSeat the right to pursue at law any person or entity that violates your or LastSeat’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by LastSeat or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments. If you do not agree to this Agreement, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your Submissions. You acknowledge that LastSeat may exercise its rights to any content you submit without notice to you.

Any photos you submit must be relevant to your travel experiences. Do not submit any photos that: are illegal, obscene, pornographic, profane, vulgar, offensive, insulting, invade the privacy or violate any personal right of any person or entity, contain photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 18 years of age), infringe the copyright, trademark, or other property right of any third party, include logos, branding, promotional material, or any other content intended for commercial purposes, contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of LastSeat and/or those using it.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Site are ©2017 LastSeat, Inc. All rights reserved. LastSeat, LastSeatApp.com, and YOUR SEAT YOUR PRICE® are either registered trademarks or trademarks of LastSeat, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. If you are aware of an infringement of our brand, please let us know by emailing us at [email protected].

NOTICE OF INFRINGING MATERIAL

If you, in good faith, believe that materials hosted by us infringe your copyright, please send us a written notice that includes the following information: (i) identification of the copyrighted work you claim was infringed; (ii) identification of the material you claim is infringing on this Site, such as a link to the infringing material; (iii) your Contact Information; (iv) statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law;” (v) a statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;” and (vi) signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to [email protected], Attn: IP/Trademark Legal Dept.. Please note that any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

NOTICES

This Agreement is governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and LastSeat as a result of this Agreement or use of this Site.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and LastSeat with respect to this Site, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration, or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

REGISTRATIONS

Seller of Travel: LastSeat is partnered with a licensed and registered travel agency allowing us to act as sellers on their behalf.

CONTACT

For answers to your questions please contact us at:

Attn: Customer Service

LastSeat, Inc.

[email protected]