Welcome to our SMS communication platform. By opting in to receive text messages from or on behalf of Flight Bookings Today, by providing your phone number, or by engaging with our SMS services, you’re agreeing to these SMS Terms & Conditions, as well as our overarching Terms of Use and Privacy Policy, both of which are incorporated by reference.
Note: Our SMS Terms include an arbitration clause and a class action waiver. This significantly affects how disputes or claims you may have against us are resolved, including a limitation on legal proceedings to individual arbitration. Please review these terms carefully.
Opt-In to SMS Services
By subscribing to Flight Bookings Today’s SMS services, you:
- Consent to receive marketing, transactional, and informational texts, potentially sent through an automatic telephone dialing system, to the number you provided.
- Acknowledge that consent isn’t required to purchase goods or services.
- Understand that standard message and data rates may apply, and that the frequency of messages varies.
Opt-Out and Support
You can opt-out at any time by texting STOP in response to any message. This will prevent further SMS messages from the program you’ve opted out of, but it may not apply to other Flight Bookings Today SMS programs you’re subscribed to. For help or more information, text HELP in response or contact our support team at [email protected].
Types of Messages
You may receive:
- Promotional Alerts: Updates, offers, and promotions.
- Informational Texts: Order confirmations, flight updates, and other service-related messages.
To opt-out of specific message types, reply STOP to the corresponding message thread.
By engaging with our SMS services, you’re accepting these terms and our use of automated technology for messaging. We reserve the right to modify these terms or messaging services at any time, with or without notice.
Cost
- Users may be charged by their wireless provider for messages sent and received as part of Flight Bookings Today text messaging service.
- It’s advised to check with your wireless provider for details about your text and data plan costs.
Eligibility and Change in Phone Number
- You must be 18 years or older to opt into Flight Booking Today’s text messaging services.
- You need to be the current subscriber or an authorized user of the provided phone number.
- You must not send messages to another person’s phone without their permission.
- If your phone number changes, you must inform Flight Booking Today promptly to avoid any breaches of terms.
Mandatory Dispute Resolution
- This section emphasizes the importance of understanding your legal rights regarding disputes, including the limitation of your right to bring a lawsuit in court and the requirement to engage in arbitration or small claims court for resolving disputes.
- You are required to notify Flight Booking Today within one year of any claim arising, or it will be considered waived and barred by time.
- An informal dispute resolution process is mandatory before any formal arbitration or small claims court proceedings. This involves good faith negotiations and potentially a settlement conference.
- Disputes that cannot be resolved informally are subject to binding and confidential arbitration, with some exceptions allowing for small claims court proceedings or court action for intellectual property rights infringement.
- Arbitration does not involve a judge or jury, and procedures are different from court trials. It limits the ability to participate in class actions or other collective proceedings.
- Arbitration will be governed by the Federal Arbitration Act and conducted according to the rules of JAMS (Judicial Arbitration Mediation Services) unless another arbitration service is mutually agreed upon.
- Costs related to arbitration will be handled according to JAMS rules, and Flight Booking Today may cover your arbitration fees to ensure the process is not prohibitively expensive compared to litigation.
- Each party is responsible for their own attorney fees and other costs, unless the arbitrator decides otherwise based on the nature of the claims and applicable laws.
This summary condenses the key points and legal stipulations provided in the original text, making the information more accessible while retaining the essential details related to costs, eligibility, and the dispute resolution process.
- Arbitration Process: The arbitration can be conducted via telephone, written submissions, or in person at a location agreed upon by both parties. You’re expected to appear at an initial conference with the arbitrator and at any hearing, with your counsel if represented.
- Large-Scale Claims Management: In cases where 50 or more claimants submit similar claims, possibly represented by the same or coordinated counsel, certain steps are outlined to manage these claims efficiently:
- Delay in Adjudication: Acknowledgment that the adjudication of your dispute may be delayed due to the volume of similar claims.
- Bellwether Process: A negotiation between your counsel and Flight Booking Today to establish a staged bellwether process. This process involves a subset of claims, not exceeding 50 at a time, to be adjudicated individually.
- Sequential Adjudication: Only after each set of claims in the bellwether process is resolved will the next set proceed. Your dispute is not considered filed in arbitration until selected for inclusion in this process.
- Tolling: The statute of limitations and filing fee deadlines for your claim are paused from the time of initiation with JAMS (the arbitration service) until your dispute is selected for a bellwether process, withdrawn, or resolved.
- Governing Law: The Federal Arbitration Act governs this dispute resolution section, which remains in effect even after termination or cancellation of the SMS Terms. Any amendments to this section do not affect pending disputes or arbitration proceedings.
- Waiver of Rights: By agreeing to these terms, both you and Flight Booking Today waive the right to a jury trial and to participate in a class action, to the extent permitted by law.
- Opt-Out of Arbitration: If you’ve previously agreed to arbitration and did not opt out, these updates do not offer a new opportunity to opt out. However, if you’ve never opted out, you can do so by sending an email to Flight Booking Today within 30 days of becoming subject to the arbitration agreement, including specific personal information and a clear statement of your desire to opt out. Opting out only affects this arbitration agreement and not any other agreements you might have with Flight Booking Today.
- Changes to SMS Terms: Flight Booking Today may update these terms at any time without prior notice, and by continuing to participate in their text messaging programs, you agree to any changes.
This process outlines a structured approach to handling mass claims through arbitration, emphasizing individual resolution and efficient management of large volumes of disputes. It also provides a clear opt-out mechanism for those not wishing to participate in arbitration.