TERMS AND CONDITIONS OF USE & USER AGREEMENT

The term "Pegasus" refers to Pegasus Solutions Limited and its affiliated entities. "You" refers to the customer accessing and using this website. Your use of this website constitutes your agreement to the following terms and conditions. Pegasus reserves the right to change, modify, add or remove portions of these terms and conditions at any time and make changes to any of the products, services and offerings described on this website at any time and without notice or liability. Please check periodically for changes. Your continued use of this website following changes to the terms and conditions will serve as your acknowledgement and acceptance of the changes.

1. PERSONAL AND NONCOMMERCIAL USE LIMITATION

This website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on or obtained from this website.

2. CUSTOMER WARRANTIES

This website is provided by Pegasus solely to assist you in determining the availability of hotel accommodations and to make legitimate reservations. You warrant that you are at least 18 years old and have legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for your use of this website and warrant that all information supplied by you is true and accurate.

3. CREDIT CARD USAGE/CANCELLATIONS

Some hotels require reservations to be prepaid, while others require a credit card number to secure or hold your reservation. Any prepayment or guarantee requirements are clearly stated in the hotel’s “Property Info” page for your review prior to making a reservation. Any charges to your credit card are made by the hotel you select; Pegasus does not make any charges to your credit card. The cost of your reservation is the total of the daily room rate multiplied by the total number of days in your reservation, plus all applicable taxes and service fees. You will be fully responsible for all charges, fees, duties, taxes and assessments arising out of any room reservation placed through this website.

Some reservations may be nonrefundable or non-changeable. If you do not cancel your reservation within the time requirements of the hotel’s cancellation policy (stated on the hotel’s rate pages), you may be charged a cancellation fee equivalent to one night or more. You agree to pay any cancellation or change fee you may incur, so please carefully review the cancellation policy of your selected hotel prior to making a reservation.

4. HOTEL AVAILABILITY

All hotels that are displayed on this website can be reserved at the time of a reservation request unless the hotel has indicated they are not available for a specific date.

5. HOTEL PAGE CONTENT

The information relating to the hotels featured on this website has been provided to Pegasus by the hotels. It is possible that some services or facilities could differ from those shown on the website. Neither Pegasus nor the individual hotels are responsible for any differences.

6. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTY

Pegasus is not: (a) a travel agency or an agent of any travel agency, or (b) a hotelier or an agent of any hotelier. Pegasus and its affiliates do not own or control any travel agent, hotelier or hotel. Neither Pegasus nor any of its affiliates shall be responsible for the negligence, acts or omissions of any travel agent, hotelier or hotel (or any of their agents, contractors and customers).

From time to time, a hotel may, at its discretion, relocate guests holding reservations at the hotel to other comparable accommodations. You agree that Pegasus shall not be held liable for any claims by you in connection with any such change in your accommodations.

PEGASUS AND ITS AFFILIATES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, DAMAGE OR LIABILITY OF ANY NATURE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEBSITE. PEGASUS AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY EVENTS, OCCURRENCES OR ACCIDENTS, RELATING DIRECTLY OR INDIRECTLY TO THE USE OR OCCUPANCY OF THE HOTEL OR ITS RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND WHATSOEVER. IN NO EVENT SHALL PEGASUS AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OR FUNCTIONING OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PEGASUS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THE CONTENT, SERVICES, AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SUITABILITY, CAPACITY, COMPLETENESS, OR AVAILABILITY. FURTHER, PEGASUS DOES NOT WARRANT THAT THE CONTENT, SERVICES, AND MATERIAL ON THIS WEBSITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LINKS TO THIRD PARTY WEBSITES

Links to third party websites on this website are provided strictly for your convenience. Pegasus has no responsibility for, or control over, the information, goods, products, or services offered by any of the owners or proprietors of the linked websites, or any link contained in a linked website. Pegasus is not responsible for damages whatsoever or losses caused by any delays, defects or omissions that may exist in the content provided in any linked website. Pegasus makes no representations or warranties of any kind, express or implied, including those of merchantability, fitness for a particular purpose, title and non-infringement as to the content of any linked websites. You agree that Pegasus and its affiliates will not be held liable for any costs or damages of any kind arising out of your use or purchase of a third party’s goods, services or information.

8. APPLICABLE LAW

Utell.com is a service of Pegasus Solutions Limited

Pegasus Solutions Limited is registered in England and Wales under company number 181427 with registered address at NLA Tower 12 - 16 Addiscombe Road, Croydon, Surrey CR9 6DS United Kingdom.

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email and privacy. Furthermore, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

9. COPYRIGHT AND PROPRIETARY RIGHTS INFORMATION

All content of this site are copyrighted 2007 Pegasus Solutions Limited, NLA Tower 12 - 16 Addiscombe Road, Croydon, Surrey CR9 6DS England, unless otherwise indicated. All rights reserved.

This website contains and references trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Pegasus and/or its affiliates. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Pegasus and/or its affiliates is granted to or conferred upon you.

NorthStar Travel Media, LLC provides certain hotel information and the Official Hotel Guide "OHG" classification information (collectively referred to as the "NorthStar Content") that is included on this website. The NorthStar Content is provided by NorthStar "AS IS" without any express or implied warranties. The NorthStar Content has been provided for individual use only and may not be copied or redistributed for any purpose. The NorthStar Content is copyrighted 2002, NorthStar Travel Media, LLC. All rights reserved.