General Terms and Conditions

Introduction

THESE General Terms and Conditions CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. 

• THESE GENERAL TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL. 
• BY PURCHASING TRAVEL FROM TRADEWIND, YOU ACCEPT AND ARE BOUND BY THESE GENERAL TERMS AND CONDITIONS, IN ADDITION TO THE TERMS OF Our itinerary confirmation OR OTHER TICKET PURCHASE, our Website Terms of Use and our Privacy Policy.
• YOU MAY NOT PURCHASE TRAVEL FROM TRADEWIND IF YOU (A) DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TRADEWIND, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
• These General Terms and Conditions (these “Terms“) apply to the purchase and sale of travel by you (“you” or “Customer”) through Tradewind. These Terms are subject to change by Tradewind (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on our Website, and you should review these Terms before purchasing any travel from us. Your continued use of this Site and or purchase of travel from Tradewind after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
• These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before reserving an itinerary from Tradewind.

Waiver of Jury Trial. You and us irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any right we may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to this agreement, or the transaction contemplated by this Agreement. You and us certify and acknowledge that (a) no representative of the other party has represented, expressly or otherwise, that the other party would not seek to enforce the foregoing waiver in the event of a legal action, (b) we have considered the implications of this waiver, (c) we make this waiver knowingly and voluntarily, and (d) we have decided to enter into this transaction and these Terms in consideration of, among other things, the mutual waivers and certifications in this section.

Dispute Resolution and Binding Arbitration.

(a)      YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b)      The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules or Commercial Arbitration Rules then in effect, (the “AAA Rules”) except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer’s arbitration/arbitrator fees, but not the consumer’s attorneys’ fees unless the consumer prevails on a claim that affords the prevailing party attorneys’ fees. In that case, the arbitrator may award reasonable attorneys’ fees to a consumer under the standards for fee shifting provided by law. We will not be responsible for paying a non-consumer’s arbitration/arbitrator fees, or attorney’s fees, unless required by law.

(c)      You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d)      You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

(e)      Either party may seek preliminary injunctive relief in Court, seeking affirmative or mandatory relief or to preserve the status quo, pending or in aid of arbitration.

Choice of Law and Forum

These Terms, including all matters arising out of or relating to these Terms, or the transaction between us, shall, to the fullest extent permitted by law and not preempted by federal law, be governed by and construed in accordance with the substantive and procedural laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or relating to these terms this Agreement, or the transaction between us, shall be instituted in the United States District Court for the District of Connecticut, or the Superior Court of the State of Connecticut, Judicial District of Waterbury, Connecticut, and each party irrevocably submits to the exclusive personal jurisdiction of such courts in any such suit, action, or proceeding. The parties irrevocably and unconditionally waive any objection to venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.

Attorney’s fees

In the event that either you or we institute any legal suit, action, or proceeding, including arbitration, against the other party arising out of or relating to these Terms, or the transaction between us, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.

Force Majeure.

Neither you or us shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) state, local, or federal governmental or administrative order or law of any type; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; (i) telecommunication breakdowns, power outages or shortages, lack of hangar space, inadequate transportation services (j) other similar events beyond the reasonable control of the affected party.

 

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE TRAVEL OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Entire Agreement. The terms of our itinerary confirmation or other ticket purchase, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us.

No Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tradewind.

Conflicting Terms. Any terms or conditions proposed by you that add to, vary from, or conflict with the terms herein are hereby rejected. Any such proposed terms shall be void, and these Terms, the terms of our itinerary confirmation or other ticket purchase, our Website Terms of Use and our Privacy Policy, shall constitute the complete and exclusive statement of the terms and conditions of the agreement between the parties you and us, and such terms and conditions may hereafter be modified in writing by us.