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Terms
of Use |
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Home
> Terms of Use |
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Your use
of EnjoyNepal.com is on condition that you accept without variation
the terms and conditions set out herein which we ("EnjoyNepal.com")
may vary from time to time without notice to you.
Your use
of this website constitutes your agreement to all the terms
and conditions in force for the time being as set out herein.
If you do not agree to any part of the following terms and conditions,
you must not use this website.
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1. General |
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This site is owned and operated by i
EnjoyNepal Private Ltd. (referred to as "EnjoyNepal"
or "EnjoyNepal.com"). EnjoyNepal has the right
at any time to change or discontinue any aspect or feature
of the site, including, without limitation, the content,
hours of availability, and equipment needed for access
or use of the site. |
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2. Equipment |
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You shall be responsible for obtaining
and maintaining all telephone, computer hardware and other
equipment needed for access to and use of the site and
all charges related thereto. |
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3. Restrictions on use |
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You
shall use the site for lawful purposes only. You
shall not post or transmit through the site any
material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a
criminal offense, gives rise to civil liability
or otherwise violate any law. In addition the Site
shall not be used in any manner, which could damage,
disable, overburden, or impair it or interfere with
any other party's use and enjoyment of the Site.
Without EnjoyNepal's prior approval, you shall not
post or transmit through the site any material which
contains advertising or any solicitation with respect
to products or services. You shall not use the site
to advertise or perform any commercial solicitation,
including, without limitation, the solicitation
of users to become subscribers of other on-line
information services competitive with the site.
Any conduct by you that in EnjoyNepal's discretion
restricts or inhibits any other user from using
or enjoying the site will not be permitted. |
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The site contains copyrighted material,
trademarks and other proprietary information, including,
without limitation, text, software, photos, video,
graphics, music and sound, and the contents of the
site are copyrighted under the Nepal copyright laws.
You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content,
in whole or in part. You may download one copy of
any copyrighted material for your personal, non-commercial
home use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation
of downloaded material will be permitted without
the express written permission of EnjoyNepal and
the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material. |
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The foregoing provisions of Section
3 are for the benefit of EnjoyNepal, its subsidiaries,
affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such
provisions directly or on its own behalf. |
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4. Indemnification |
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You agree to defend, indemnify and hold
harmless EnjoyNepal and its affiliates and their respective
directors, officers, employees and agents from and against
any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable
attorneys' fees) arising out of your use of the site. |
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5. Viruses |
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EnjoyNepal also assumes no responsibility,
and shall not be liable for, any damages to, or viruses
that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in the
Site or your downloading of any materials, data, text,
images, video, or audio from the Site. |
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6. Business Associates |
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The
business associates of EnjoyNepal identified on this Site
are independent contractors of EnjoyNepal. The business
associates are not joint venturers or partners of EnjoyNepal.
No employee or representative of the business associates
is under the control of EnjoyNepal. |
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7. Using the services |
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EnjoyNepal.com
is responsible only for the transactions that are done
by the user through EnjoyNepal.com. EnjoyNepal.com will
not be responsible for screening, censoring or otherwise
controlling transactions, including whether the transaction
is legal and valid as per the laws of the land of the
user. The user warrants that they will abide by all such
additional procedures and guidelines, as modified from
time to time, in connection with the use of the services.
The user further warrants that they will comply with all
applicable laws and regulations regarding use of the services. |
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8. Your obligations |
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must: |
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Keep your Username and Password secure
and protected from unauthorized access or use; |
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Immediately notify EnjoyNepal.com if
you become aware of, or suspect, any unauthorized
access to your Username and Password, or any other
breach of security; |
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9. Representations &
Warranties |
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| You
represent and warrant that: |
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You are of sufficient legal age to
use this website in accordance with all terms and
conditions herein and to create binding legal obligations
for any liability you may incur as a result of the
use of this website; |
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You are financially responsible for
all uses of this website by you and those using
your login information; |
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All information supplied by you in using
this website are true and accurate; |
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You will not use this website to make
any speculative, false or fraudulent reservation
or any reservation in anticipation of demand. |
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10. Use of Communication
Services |
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Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
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Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights
thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer. |
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Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication
Service specifically allows such messages. |
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Conduct or forward surveys, contests, pyramid schemes
or chain letters. |
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Download any file posted by another user of a Communication
Service that you know, or reasonably should know,
cannot be legally distributed in such manner. |
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Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels
of the origin or source of software or other material
contained in a file that is uploaded. |
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Violate any code of conduct or other guidelines, which
may be applicable for any particular Communication
Service. |
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Harvest or otherwise collect information about others,
including e-mail addresses, without their consent. |
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| EnjoyNepal.com has no obligation to
monitor the Communication Services. However, EnjoyNepal.com
reserves the right to review materials posted to
a Communication Service and to remove any materials
in its sole discretion. EnjoyNepal.com reserves
the right to terminate the users accesses to any
or all of the Communication Services at any time
without notice for any reason whatsoever.
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| EnjoyNepal.com reserves the right at
all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse
to post or to remove any information or materials,
in whole or in part, in EnjoyNepal.com’s sole discretion.
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| The user should take particular care
while disclosing any identifying information in
any Communication Service, which may be identifiable.
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| "EnjoyNepal.com does not control or endorse
the content, messages or information found in any
Communication Service and, therefore, EnjoyNepal.com
specifically disclaims any liability with regard
to the Communication Services and any actions resulting
from the users participation in any Communication
Service." |
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11.
Software and Copyright |
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All
contents of this website are: |
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Copyright
© i EnjoyNepal Private Ltd., Post Box 11136, Kathmandu,
Nepal.
EnjoyNepal.com retains all rights (including, but not
limited to trademark rights, copyright and patent rights)
with respect to all software and underlying information
or material available through this website.
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You
are not to download or otherwise export or re-export any
software or underlying information or material available
through this website, except to the extent that such downloading
occurs in the course of using this website in accordance
with our written instructions or otherwise as expressly
permitted in this Agreement.
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This
clause shall survive any termination of this Agreement.
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12. Disclaimer |
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Your
use of this website is at your sole risk. This website
(including the products and services) is provided on an
"as is" basis and you assume total risk and
responsibility for your use of this website.
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To
the maximum extent permitted by law, EnjoyNepal.com specifically
disclaims all warranties, express or implied, in respect
of this website including, but not limited to, merchantability,
fitness for a particular purpose, non-infringement of
intellectual property or other proprietary rights or compatibility
between this website and any software or hardware.
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EnjoyNepal.com
neither warrants nor makes any representations regarding
the accuracy or completeness of this website or of any
of the data or information contained in this website or
that the use of this website will be uninterrupted or
error free or that any information, data, content, software
or other material accessible through this website will
be free of bugs, viruses, worms, Trojan horses or other
harmful components. |
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13. Limitation of Liability |
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EnjoyNepal.com
shall not be liable for any direct, indirect, special,
incidental or consequential damages arising out of or
in any way connected with the use of or inability to use
this website, or the information, products and services
obtained through this website, the submission of any personal
information, including, but not limited to, bank and credit
card details, the performance or non-performance by EnjoyNepal.com,
or any unauthorized access or breach of security into
this website through the internet or otherwise arising,
whether based on contract, strict liability, tort (including
negligence), product liability or otherwise even if EnjoyNepal.com
has been advised of the possibility of such damages.
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Notwithstanding
anything to the contrary in this Agreement, the liability
of EnjoyNepal.com shall in no event exceed, in the aggregate,
Nepalese Rupees one thousand only. |
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14. Acknowledgment |
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The disclaimer and limited liability
of EnjoyNepal.com as set out in this Agreement are fundamental
elements of the basis of the bargain between you and EnjoyNepal.com,
and you agree that EnjoyNepal.com would not otherwise
be able to offer the products and services on its present
basis without such limitations. This clause shall survive
any termination of this Agreement. |
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15. Cancellation of Service |
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EnjoyNepal.com
may, at any time and at its sole discretion and without
cause or notice, terminate or restrict your access to
this website or refuse to give effect to any booking or
reservation requested by you without being required to
give any reasons or advance notice to you. |
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16. Indemnity |
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You shall indemnify and keep EnjoyNepal.com
indemnified against all claims, demands, actions, proceedings
made or brought against EnjoyNepal.com arising from your
use of this website and/or any breach of any term or condition
by you. |
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17. Links to Third Parties |
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Except
in the case of our "Travel Guide" and "Maps"
sections, EnjoyNepal is a distributor (and not a publisher)
of content supplied by third parties and users of the
site. Accordingly, EnjoyNepal has no more editorial control
over such content than does a public library, bookstore,
or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made
available by third parties, including information providers
and users, are those of the respective author(s) or distributor(s)
and not of EnjoyNepal. In many instances, the content
available through the site represents the opinions and
judgments of the respective information provider or user.
EnjoyNepal neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement
made on the site by anyone other than authorized EnjoyNepal
employee spokespersons while acting in their official
capacities. |
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18. Variations |
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EnjoyNepal.com
may at any time vary these terms of use (including without
limitation EnjoyNepal.com's conditions of purchase as
set out below). |
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19. Server Ability |
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provision of this Agreement, which is invalid, prohibited
or unenforceable in any jurisdiction, shall: |
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Be ineffective in that jurisdiction
to the extent of the invalidity, prohibition or
unenforceability; |
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Not affect the validity of that provision
in any other jurisdiction. |
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20. Relationship Between
the Parties |
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No
joint venture, partnership, employment or agency relationship
exists between you and EnjoyNepal.com as a result of this
Agreement or your use of this website. |
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21. Additional Terms &
Conditions |
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Additional
terms and conditions will apply to your booking and purchase
of our products and services. You agree to abide by EnjoyNepal.com's
conditions of purchase and/or the terms and conditions
of any supplier of the travel-related products or services.
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22. EnjoyNepal.com's Conditions
of Purchase |
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Please note that the booking and purchase
of our products and services are subject to the following
terms and conditions AND other terms imposed by our supplier(s)
from time to time ("Pricing Details", "Payment
and Cancellation Policy", "Important Notes"
-- Collectivly called "Supplier Terms").
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By effecting a booking through this
website, you agree to be bound by EnjoyNepal.com's Conditions
of Purchase and the Supplier Terms. |
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Membership |
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You may only make bookings for our products
and/or services upon registration as a member of
EnjoyNepal.com. Membership is not transferable but
a member may make bookings on behalf of non- member(s).
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Changes
to Rates |
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The rates quoted in respect of the products
or service are subject to change without notice.
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Vouchers |
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It is your responsibility to ensure
that the details on your travel voucher are in order.
You are liable for any additional charges arising
from correction of any inaccuracies in the voucher.
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Payment |
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Payment may be made by online or offline
settlement mode.
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You must make payment for the product
or service IN FULL in the manner specified for your
choice of mode by the indicated cut-off date (where
applicable). The "cut-off date" varies
for each product or service.
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If
you fail to make full payment by the cut off date,
your booking may automatically be cancelled. But
you can make a request in writing if you want to
enjoy our "POA" (pay on arrival) scheme. |
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Currency |
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You may make payment in any one of the
currencies supported on this website. The applicable
exchange rates of the supported currencies shall
be determined at the sole discretion of EnjoyNepal.com
from time to time. The exchange rates so notified
shall be final and is not negotiable.
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No Liability |
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EnjoyNepal.com merely acts as a platform
for products and services of the suppliers and shall
not be responsible nor liable for: |
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Overbooking, misinformation or mishandling
of any reservation or booking by the suppliers;
or
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Any other dissatisfaction or complaint
of the member relating to the quality of the
products or services provided by the supplier
or otherwise howsoever;
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In the event of mishandling, misinformation
or overbooking by a supplier, or any other
dissatisfaction or complaint aforesaid, the
member should take up the matter directly
with the supplier who is under an obligation
to deal with such matters in accordance with
EnjoyNepal.com policies. |
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Travel Requirements |
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It is your responsibility to obtain
a visa (where required).
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Please ensure you have a valid passport for the duration of
your trip. If you require any further information
on passport or visa requirements please refer to
our website or contact our customer services department.
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Non-Availability |
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All products and services offered on
this website are subject to availability and acceptance,
at the discretion of the supplier of such product
or service.
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In the event a product or service booked
by you is not available, EnjoyNepal.com shall use
its reasonable endeavors to suggest an alternative
product or service of similar pricing and quality.
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Changes
to Itinerary |
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You may make changes to your itinerary for bookings that have not been
fully paid. We do not levy any charges for such
change. |
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Specific Terms-All
Travel Products |
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The
following terms are applicable to all travel products: |
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Incorrect
Information
Please
ensure that the information you provide is
true and accurate as you are liable for any
additional charges or expenses arising there
from (whether such information was provided
inadvertently or otherwise).
Rectification
of incorrect information may only be made
through the fulfillment agent, in accordance
with its policies (which may vary from agent
to agent).
You
are liable for any additional charges or expenses
imposed by the fulfillment agent in respect
of such rectification.
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Changes & Cancellation
Any
changes to or cancellation of the travel product
may only be made through the fulfillment agent,
which issued the travel product. Such changes
or cancellation are subject to the policies
of the fulfillment agent that may vary from
agent to agent.
You
are liable for any additional charges or expenses
imposed by the fulfillment agent in respect
of such changes or cancellation.
EnjoyNepal.com
will not make refunds in any circumstances.
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Taxes |
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Prices
quoted do not include all applicable airport or
passenger taxes, which must be paid by each passenger. |
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