terms of use

AirTran.com Terms and Conditions of Use

Agreement between User and AirTran Airways, Inc.

This User Agreement (“User Agreement” or “Agreement”) constitutes the entire agreement governing your access to, dealings with and use of this website, www.AirTran.com (“Site”). This Agreement is offered to you, the user (“User” or “you”), conditioned on your acceptance without limitation or qualification of the terms, conditions and notices contained herein in return for AirTran Airways permitting your access to and use of the Site. AirTran Airways reserves the right to change this User Agreement without notice or liability, and all such changes shall be binding on you for your subsequent use of the Site, and your continued use of the Site thereafter constitutes your acceptance of all such changes. Notwithstanding the foregoing, AirTran Airways reserves the right in its sole discretion to deny you access to the Site at any time.

Intellectual Property Notifications

Information on this Site concerning AirTran Airways and its services and products, including flight schedules, routes, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations (including Customer and A+ Rewards information), logos and information regarding the status of AirTran Airways flights and related details, is referred to as “Content.” AirTran Airways owns all code, data and materials on the Site, the look and feel, design and organization of the Site and the compilation of the Content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on the Site, nor any right to copy or download any portion of the Site or the Content.

Use of AirTran.com

By using the Site, you represent and warrant that you have the legal right and ability to enter into this Agreement and to use this Site in accordance with all of the terms and conditions of this User Agreement. You agree to accept financial responsibility for all of your use of this Site and not to assign, transfer or sublicense your rights under this Agreement. You accept full responsibility for all charges, fees, duties, taxes and assessments arising out of the use of this Site.

This Site is designed solely to permit you to determine the availability of products and services accessible on the Site and to make legitimate reservations or to otherwise transact business with AirTran Airways and for no other purpose. This Site is for your personal use only. You agree, without limitation, not to make any speculative, false or fraudulent purchase or reservation or any reservation in anticipation of demand. In the event that AirTran Airways determines that you have confirmed reservations to multiple destinations on or about the same date(s), you agree that AirTran Airways may, without notice to you or the applicable passenger, cancel all confirmed space associated with the multiple reservations.

You agree: (1) not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell information, software, products or services obtained by, from or through this Site without AirTran Airways’ prior written consent; (2) not to monitor or copy any Content by using any manual or automatic process, or any robot, spider, deep-link, page-scrape, crawl, index, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or Content without first obtaining AirTran Airways’ prior written consent; (3) not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (4) not to take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; and (5) not to engage in any other conduct that is, or that AirTran Airways deems to be, in conflict with or in violation of this Agreement.

AirTran Airways reserves the right to investigate any suspected illegal and/or unauthorized use of the Site and to take appropriate actions to address such activity, including, without limitation, temporarily or permanently blocking use of this Site by users believed to be engaged in illegal activity or such unauthorized use, and/or instituting appropriate civil, criminal and injunctive proceedings.

As a condition of use of this Site, the User agrees to indemnify AirTran Airways and its suppliers from and against any and all liabilities, expenses (including attorney’s fees) and damages resulting from User’s use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by User of this Agreement.

Usted acuerda reconocer que (i) cualesquiera transacciones llevadas a cabo a través de este sitio web será considerada que se lleva a cabo en el Estado de Texas, Estados Unidos de América, sin importar la jurisdicción en que cualquier Usuario se localicé o resida, y (ii) cualquier pago relacionado con dicha transacción solo será aceptada en dólares de los Estados Unidos de América. Usted acepta de aquí en adelante y reconoce que cualquier publicidad, promocional o información de mercado que se contenga en cualquier comunicación que usted pueda recibir como resultados del uso del sitio web solo será intencionada y sólo será aplicable en los Estados Unidos de América.

User Communication with AirTran Airways

Any communications that you send to AirTran Airways will not be treated as confidential, and AirTran Airways is under no obligation to refrain from reproducing, publishing or otherwise using such communications for any purpose including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the development, production and/or marketing of goods/services.

Links and Linking

This Site may have links and pointers to Internet sites maintained by third parties. AirTran Airways does not operate or control in any respect any information, products or services available on or through such third-party sites, and AirTran Airways takes no responsibility for the information, products or services on such other sites and will not be liable for any damages arising from your access to and use of such sites. Access to such sites is provided for your convenience, and inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the person or entities operating the sites. You assume sole responsibility for using links or pointers to third parties. In case of a conflict between this User Agreement and any agreement specific to any goods, services or products that you obtain, purchase or use from the Site, the terms of the specific agreement shall govern.

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our features or services, such as using an “in-line” linking method. You agree not to download or use images hosted on this Site on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obscured by any third-party content, materials or branding. You may not link from any other website containing any material that is unlawful or infringes upon or violates the rights of others. AirTran Airways reserves all of its rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon notice to you.

Security

AirTran Airways uses the industry-standard Secure Sockets Layer (SSL) protocol to encrypt information and keep data private and confidential between your access device and the Site. This technology makes it safe to transmit your credit card number and personal information over the Internet.

If you or your Internet service provider has a firewall in place, depending on the firewall settings, you may not be able to complete a transaction on the Site. (You should contact your Internet service provider for more information.)

Web Browser Compatibility

To view AirTran.com and purchase travel online, we recommend you use a web browser equivalent to Firefox 2.0+, Microsoft Internet Explorer 6.0+, or Safari 2+. The browser you use must support Secure Sockets Layer (SSL) encryption and JavaScript. Disabling any of these features or using older non-compatible browsers may reduce site functionality.

To determine which browser you are running, click on Help at the top of the browser and select the About menu item that describes your browser.

Please note that any “Beta” or “Preview” version of a browser may not properly work with these pages.

Errors in Pricing or Descriptions of Products or Services

In the event that a product or service available through this Site is mistakenly listed at an incorrect price or with other incorrect information, AirTran Airways reserves the right to refuse or cancel any reservations or orders placed for such product or service listed at the incorrect price. AirTran Airways also reserves the right to refuse or cancel any such reservations or orders whether or not the reservations or order has been confirmed and your credit card charged. In any such case, if your credit card has already been charged for the purchase and your order is cancelled, AirTran Airways shall issue a credit to your credit card account in the amount of the incorrect price.

Disclaimers of Warranties

AirTran Airways may alter, change, or improve the Content at any time and without notice. The Site and the materials, items, goods, services, functions, information and content on or made available through the Site, are provided “as is”, “as available” and without warranties of any kind. To the fullest extent permitted by applicable law, AirTran Airways disclaims all warranties, express and implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. AirTran Airways does not represent or warrant that the functions contained in the Site will be timely, secure, uninterrupted or error-free or that any defects will be corrected. AirTran Airways also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site. AirTran Airways does not make any warranties or representations with respect to the material, goods, services, information and content made available on or through the Site, including, without limitation, their availability, accuracy, correctness, adequacy, usefulness, timeliness, or reliability.

Limitation of Liability

IN NO EVENT SHALL AIRTRAN AIRWAYS, ITS BUSINESS PARTNERS OR any affiliate, parent or subsidiary, or any of their respective directors, officers, SHAREHOLDERS, limited liability company members, employees, agents or service providers (collectively, the “Protected PERSONS”) BE LIABLE FOR ANY damages of any kind, (including, without limitation, direct, indirect, special, incidental, exemplary, punitive, or consequential damages OR lost profits, regardless of the foreseeability of those damages) ARISING OUT OF, OR IN ANY WAY CONNECTED TO, THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION (INCLUDING CONTENT), SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THE PROTECTED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Forward-looking Statements

Portions of this Site may contain forward-looking statements concerning AirTran Airways and AirTran Holdings, Inc. These forward-looking statements only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to this Site. Please read AirTran Holdings’ SEC filings, including its annual, periodic and current reports, as amended, for additional information about the risks, uncertainties and other factors that could cause actual results to differ materially from those in the forward-looking statements. AirTran Airways and AirTran Holdings expressly disclaim any obligation to update, amend, supplement or otherwise revise any forward-looking statements contained on this Site to reflect events or circumstances that may arise after the date indicated, except as otherwise required by applicable law.

General

You agree that this Agreement is made and entered into in Orange County, Florida and that it is governed by the laws of the State of Florida without reference to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Orange County, Florida in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

You agree and acknowledge that (i) any transactions carried out through this Site will be deemed to take place exclusively in the State of Florida, United States of America, regardless of the jurisdiction where any User may be located or reside, and (ii) any payment in connection with such transactions will only be accepted in US dollars. You further agree and acknowledge that any advertising, promotional or marketing information that may be contained in any communications that you may receive as a result of your use of this Site is only intended to have effect and will only be applicable in the State of Florida, United States of America.

Any failure of AirTran Airways to assert any rights it may have under this Agreement does not constitute a waiver of its right to assert the same or any other right at any time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.

Any right not expressly granted herein is reserved.

Additional Information

Thank you for utilizing the Site for your travel and information needs. For additional information and to learn more about AirTran Airways, please visit our Customer Service Commitment and Contract of Carriage.

040577.048 LIT\1067415.1 Updated September 25, 2012
Home