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AVIA INTERNATIONAL TRAVEL
WEB SITE TERMS, CONDITIONS, AND NOTICES
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AGREEMENT BETWEEN CUSTOMER AND AVIA INTERNATIONAL TRAVEL
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PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE USING OR OBTAINING INFORMATION, PRODUCTS, OR SERVICES FROM THIS SITE (“site”)
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OWNERSHIP
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AVIA INTERNATIONAL TRAVEL (Avia), a d.b.a. of Forestieri Interests Corp., is the sole owner of this Site. You cannot republish, copy, reproduce, distribute, sell, transfer or modify any of its contents or data. All Trademarks, service marks and logos are the property of Avia.
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USE OF SITE
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By using this Site, you are agreeing to these Terms. Avia may modify these Terms at any time. Avia may modify or delete any or all content on the Site, including, but not limited to, services or prices on or offered through the Site, without notice and without liability. You may only use this site if you are at least 18 years of age and can enter into binding contracts. The Avia Site is not to be used by minors. You may only use our Site for legitimate travel requests, travel reservations, and purchases. You are responsible in keeping all logins and passwords confidential. You will be financially responsible for all uses of our Site by you or anyone else using your password and login information. If you do not agree with any or part of these Terms, you must not use this Site.
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MEMBER PROFILE
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Members can provide Avia their travel preferences, credit card billing information, Card ID Number, credit card billing address, phone numbers, email addresses, and other personal information by filling out a Member Profile or when purchasing an airline ticket under the Buy Now button. This information is primarily used to assist you in making reservations. This allows you to have a personal identification number for logging into our Site, complete travel reservations without having to retype information, to be contacted should it be necessary due to schedule changes or relevant flight changes, and to be emailed pertinent information regarding your travel plans. As a member, you may occasionally receive updates from us about fare sales in your area, special offers, new Avia services, and other pertinent information. You always have the option of opting out of these messages. You can view and update your personal profile at any time.
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NAMES ON RESERVATIONS
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All reservations must be made in the passenger’s exact name on his/her
passport, drivers license, state issued id, or military id. All international
reservations must have the passenger’s name spelled exactly as it is stated on their passports. Airlines do not allow name changes, either before or after ticket issuance. Therefore, if a passenger calls in even a slightest name change, the reservation will cancel by the airline and the passenger must then re-request a new flight. Avia will not be responsible should the name given by the customer at time of booking be incorrect, resulting in penalties or complete loss of the airline ticket value.
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NON ENDORSEABLE TICKETS
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In most cases, airline tickets issued by Avia are non endorsable to other airlines. The passenger must fly on the specific airline purchased. Only the airline will decide whether to place the passenger on a different airline due to unforeseen circumstances, and all fees, charges, costs will be at the airline’s or passenger’s expense. Avia will not be responsible for paying any fees or extra costs in order to endorse a ticket or purchase a new ticket to a different airline than previously purchased.
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NON TRANSFERABLE TICKETS
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All airline tickets issued by Avia are not transferable to anyone. Passengers cannot use the airline tickets issued by Avia as credit for travelers other than the exact name listed on the airline ticket. Avia will not responsible for any additional fees or costs associated with reissuing an airline ticket in another person’s name.
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CHARGES BY AVIA
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Avia may charge a service fee for the issuance of airline tickets. The fees will be quoted as part of the total price. These fees are non-refundable. The non-refundable fee will be included in the total price per ticket, but may be charged separately from the airline ticket. Ticket charges will appear on the cardholder’s statement in different ways. When a published airline ticket is charged through Avia’s Computer Reservation System, this charge is actually debited by the airline and charges for published airline tickets will appear charged by the airline which is validated for that trip. Negotiated fares are charged through a merchant account. American Express, Visa, and Mastercard charges will appear with the merchant being Forestieri Interests Corp., Avia’s parent company or as Avia International Travel.
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CHANGES
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Some airline tickets issued by Avia require a change fee for any changes to flights. These fees are mandated by the airlines. Any marine or offshore fare issued by Avia must be changed directly with Avia to avoid any additional fees imposed by the airline. ALL CHANGES MUST BE MADE PRIOR TO THE FLIGHT, OTHERWISE THE PASSENGER MAY FORFEIT THE VALUE OF THE AIRLINE TICKET. Avia recommends that the client makes changes at least 72 hours prior to departure. Changes are subject to availability and may require an upgrade or change of fare due to availability or rules of the fare as mandated by the airline.
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REFUNDS
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Should the airfare rules permit, refunds should be requested directly with Avia. The client may call Avia at 281-847-2677 extension 3 or fax a request to refund or cancel electronic, paper or prepaid tickets to 281-847-3737 or send an email to refunds@aviainternational.com prior to scheduled flights. We recommend at least 72 hours prior to ensure enough time. Once Avia receives the paper ticket(s), to be refunded, we will submit it to the issuing carrier within 10 days. Airline ticket refunds are seen on the purchaser’s credit card within 1-3 billing cycles. Refunds for prepaid tickets must be requested through Avia, and these refunds may take up to 1 year or more to refund. Refunding prepaid tickets is strictly at the discretion and at the authority of the issuing airline. Avia will not be liable nor shall we refund a passenger’s airline ticket should the passenger be denied boarding due to, but not limited to, not having the proper documentation for travel, an improper routing for the visa/nationality status of the traveler, not reconfirming flights 72 hours prior directly with the carrier, arriving late at the airport, overbooking of flights by the carrier, and events out of the control of Avia. Should the customer need a refund after ticketing due to the failure of obtaining all proper documents by the traveler, and cancellation is allowed by the airfare rules, the service fees imposed by Avia will be valid.
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CANCELLATIONS OF SCHEDULED FLIGHTS BY THE PASSENGER
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Cancellations of scheduled flights must be made prior to the flight time. Please call Avia at 281-847-2677 and press 1 to speak to a reservation agent. Please advise passenger name, date and confirmation number. Cancellations must be made prior to the scheduled flight to avoid "no showing" a flight and losing the ticket value.
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FARES ARE NOT GUARANTEED UNTIL TICKETED
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Fares are subject to change without notice and fares are not guaranteed until ticketed. Although Avia`s policy is to advise clients of ticketing deadlines, the airlines have the ability to change fares at a moments notice without warning. Changes to any quoted airfare may result in a different fare than the originally quoted fare.
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AFTER HOURS EMERGENCY SERVICE
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There may be a charge for the use of Avia`s after hours emergency service per call, per reservation. Clients should call Avia International Travel for any travel changes after regular business hours.
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LOST TICKETS
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Lost ticket applications will be charged the service fee imposed by the airline plus a $50.00 service fee by Avia.
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RECONFIRMING FLIGHTS
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Due to airline schedules frequently changing, the passenger is responsible to reconfirm his/her flight 24-72 hours prior to departure directly with the airline. Some international airlines will cancel the reservation if a reconfirmation is not made.
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SEAT ASSIGNMENTS
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Avia will do all possible in assigning a specific seat according to the passenger`s profile. Sometimes, seat assignments may need to be assigned upon airport check in. Avia will not be responsible for not being able to pre-assign seats for a purchased airline ticket or for denied boarding due to airlines overbooking a flight. We advise that travelers check in 2 hours in advance for domestic flights and 3 hours in advance for international flights.
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CHECK IN TIMES
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Check in for international flight is 3 hours.
Check in for domestic flights is 2 hours.
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OVERBOOKING
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Airlines may overbook flights. It is advisable to check in early. Each carrier has its own policy regarding denied boarding compensation. Avia will not be responsible for any passengers that are denied boarding due to overbooking by the airline.
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BAGGAGE ACCEPTANCE/CONNECTION BY THE AIRLINE
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It is the passenger’s responsibility to verify if the airlines will connect check in luggage to his/her final destination or if he/she will have to pick up and personally transfer the luggage during a connection.
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TICKET ISSUANCE
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Tickets are issued once the payment has been received. Avia will issue electronic tickets when all possible. If a customer requires a paper ticket due to connections/baggage/visa purposes, the customer must advise Avia in advance since many airlines charge a service fee for paper tickets. Prepaid tickets can be set up for some of our flights. Prepaid tickets will be generated by the airlines. Avia is not responsible for problems arising due to airlines’ negligence in issuing an airline ticket once a prepaid has been set up.
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TICKET PURCHASE RULES
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Some airline tickets are non refundable and cannot be refunded, endorsed or transferred once issued. Ticket exchanges may be made, subject to availability and at a possible cost to the customer. Sometimes these changes can exceed the cost of a new ticket. When the outbound flight of an airline ticket is changed, some fares require the passenger to pay the new published fare. Some of Avia’s tickets cannot be exchanged for published fare tickets. Some of our discounted tickets do not allow for Frequent Flyer Mileage Accrual. Upgrades and standbys are NOT permitted on negotiated airfares sucha as marine and offshore fares. Unless otherwise states, all services and products offered on this Site are subject to change, are informational only and may not reflect current availability, are quoted in US Dollars, are stated “per adult” unless otherwise noted, and are limited in availability. All airfares, routes, services found on this Site are subject to changes without notice. Advance purchase, eligibility, seat limitations, travel days, dates, minimum or maximum stays, holidays, seasons, blackouts, stopovers at the passenger’s expense, and penalties/restrictions may apply.
The cardholder agrees to all of the Terms and will not dispute charges that legitimately requested by the cardholder. No reservation is complete until ticketed. To protect our customers, Avia verifies all information with the credit/debit card company that the billing address, Card Id, and Cardholder name is correct. Until such information is verified, the fare is subject to change. We are not liable for any change in fare should the transaction be declined by the airline company, travel provider or the merchant bank.
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TRAVEL DOCUMENTS NECESSARY FOR TRAVEL
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All adults traveling domestically must have a valid drivers license, state issued identification card, or military identification card to travel. Children are not required to have identification, but adults must either travel with them or advise the airline prior to travel should a minor be traveling unaccompanied. All international passengers must hold a passport. All children not traveling with both birth parents must have a signed notarized affidavit by the non traveling parent giving the traveling parent the right to take the child out of the country. All travel documents including, but not limited to, passports, visas, drivers license and military identification cards, must be checked for expiration dates and validity for the countries the passenger is traveling. It is the passenger’s responsibility to obtain and check all travel documents prior to departure. Avia will not be liable for denied boarding due to the passenger not having the accurate documents. Please check the requirements of the passenger for travel to all of his/her destinations via all transit points. Some international passengers are limited to the number of countries through which they may transit. This is the passenger’s responsibility to verify that all transit points have been checked with his/her nationality and visa status.
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ONE WAY TICKETS
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Avia is not responsible for denied boarding or the forcing of the passenger to purchase a return ticket once at the airport due to visa requirements. Countries require that all passengers have a return ticket home, unless they carry special visas for work or for other specific reasons. Avia will not be liable for the purchasing of a return ticket should the passenger purchase only a one way airfare ticket.
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PREPAID TICKETS
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Prepaid tickets are issued by the airlines. Avia will do everything possible to ensure that a prepaid ticket is correctly called into the airlines, but we do not guarantee that the airline ticket will be at the designated ticket counter for pick up due to reasons outside of our control. Many airlines do not have ticket counters that can issue prepaid tickets in the airport. Many airline ticket counters are located outside the airport facilities, often in city centers. Avia does not recommend this form of ticket issuance if electronic tickets are available. The purchaser will not hold Avia responsible for prepaid tickets not being at their designated places of pick up, nor will the purchaser hold Avia liable for additional costs incurred in purchasing a new ticket, lost wages or potential lost wages, or other additional costs incurred by a prepaid ticket not being at this designated location.
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ERRORS
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All itineraries must be checked prior to submitting payment. Once documents are received, any discrepancies must be called into Avia within 24 hours of receipt. Avia is not responsible for errors brought to our attention after this period.
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PAYMENT
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Avia accepts cashier’s checks, certified checks, Western Union drafts, and credit cards with with proper ID and cardholder`s address verification. In certain situations, we will accept personal checks, but the customer must overnight the check to us and the fare rules of the tickets allows Avia to extend the ticketing deadline until the check has been received. Credit card holders must submit their full name as it appears on the card, mailing address, and card security code located on the card. Avia requires that the credit card (front and back) and cardholder’s driver’s license or passport be faxed to Avia at 281-847-3737.
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DELIVERY FEES
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The customer is responsible in paying for any delivery fees when electronic tickets are not available. The fees are the following: Overnight Fed Ex $15.00 or Two Day Fed Ex $10.00. Overnight priority deliveries will be $20.00.
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PRIVACY
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Avia will keep all passenger, cardholder, and customer information private on our secured server. Avia does not resell any information to third parties. Information filled out by the customer is at the customers own will and the customer, passenger, or third party will not hold Avia liable for any information that has been obtained in either a legal or non legal way. Should Avia sell to another company, all confidential information shall be transferred to the purchasing company and that company will become the owner of that information. Avia will not be liable with information that the purchasing company obtains, nor will Avia be liable for any misuse of this information in the future.
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INFORMATION SECURITY
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Avia uses the latest in encrypting information security measures from Thawte, by transmitting information using SSL (Secure Socket Layer) encryption. Avia has a High Assurance organizational Certificates which provides authentication, message, software, and content integrity and signing, and confidentiality encryption. This Certificate provides assurances of the identity of Avia based on a confirmation that Avia does in fact exist, that the organization has authorized the Certificate Application, and that the person submitting the Certificate.
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DISCLAIMERS AND WARRANTIES
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YOU AGREE THAT YOUR USE OF AVIA’S SERVICE(S) AND SITE ARE SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THESE TERMS AND CONDITIONS. AVIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVIA DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIRMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES AVIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH AVIA’S SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AVIA’S SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVIA OR THROUGH AVIA’S SITE OR EMAIL CORRESPONDENCE SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. AVIA IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
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INDEMNIFICATION
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You agree to release, indemnify, defend and hold harmless Avia and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of these Terms or the breach of your warranties, representations and obligations under these Terms.
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LEGAL LIABILITY
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Avia will not be liable for any injury, damage, or any damages of any kind (including lost profits or lost savings) which arise or are in any way connected with any use of this Site, its content, its distributors, providers, viruses that may infect your computer equipment or other property, or incorrect information. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery. Avia acts only as an agent for the airlines. We are not liable for any acts or omissions of any airline including, without limitations, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failure, accidents, pilot or other irregularities including overbooking of flights, computer errors, strikes, warlike acts, labor unrest, or acts of god. Avia is not liable for the inability of a carrier to transport the passenger on time due to including but not limited mechanical, labor, weather, traffic, general delays, general malfunction of aircraft, passenger not checking in on time, accidents, strikes, war, deviations made by the carrier for any reason, and cancellation of flights.
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GOVERNING LAW
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This Site and its content and performance shall be governed by the laws of the state of Texas, the state of Florida, and the United States of America. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Harris County, the state of Texas, and the state and federal courts located in Broward Country, the state of Florida, United States of America, in all questions and disputes arising out of the use of our Site and these Terms.
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SEVERABILITY
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These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
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LINKS
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This Site may contain links that Avia does not endorse the contents. These links are provided solely for your reference and convenience. Avia does not operate or control these links and we are not associated with the owners or operators of any of these sites. If you access any of these sites, you do so at your own risk. Avia is not responsible for any viruses or bugs associated with visiting a linked site. Avia will not be responsible or make any representations regarding the contents of such sites.
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ASSIGNMENT
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You may not assign, convey, subcontract or delegate your rights, duties, or obligations hereunder.
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MODIFICATION
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Avia has the right to make modifications, deletions, and/or additions to this Site and Terms at any time. Your continued use of this Site will be conditioned upon the Terms in force at the time of your use.
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ENTIRE AGREEMENT
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These Terms contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
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ACCEPTANCE
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The acceptance of airline tickets, whether they are electronic, paper or prepaid, shall be deemed to be consent to the above conditions.
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3rd Party Credit Cards
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Avia International does not accept 3rd party credit cards for originations from Africa.
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