In the paragraph immediately above the $250 limitation one will see that all the terms refer to the USE of Orbitz not the travel purchased. They are disclaiming liability should the vendor, say an airline, fail to perform, since the purchase of a ticket is a contract between the purchaser and the airline and is NOT a contract between the purchaser and the booking engine. Remember, in cases that do get filed the Plaintiff's attorney will go after any possible defendant. This is telling them to back off since Orbitz has no part in the actual delivery of the services purchased.

Section 6 refers to the following:
[list][*] Part A - Damage to your computer such as viruses due to the access of data on the site.[*] Part B,I - Damage to you due to the use of the data.[*] Part B,II - Damage caused by the dailure or delay in the data.[*] Part B,III - Damage caused by the performance or non-performance of a provider.

Your concern lies with part B,III. What it says is that ORBITZ is not liable should a provider fail in some manner. Look at it this way. I purchase a ticket through Orbitz on airline A and before I take the flight Airline A goes bankrupt and ceases flying. The limitation here applies and I can't sue Orbitz because of Airline A's bankruptcy even if the possibility of Airline A's bankruptcy was known to Orbitz. This makes sense because I entered into a transportation contract with Airline A and Orbitz was merely the vehicle I used to purchase that contract.

In essence, Orbitz is not guaranteeing the providers' services on their site and their providers are not guaranteeing the services of Orbitz. What this does not do, however, is modify the terms of the contract between the parties (e.g. and airline and passenger). Look to the limiting statement within Section 6 itself: This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record...

To reiterate, I am not bothered by the terms because Orbitz is merely providing me a means to make a reservation and as a third party can't alter the contract between myself and the airline (cruise line, rental car co., etc.). Again, the terms of use for Travelocity and Expedia are strikingly similar to the Orbitz terms. For convenience, I have cut and pasted the appropriate sections.

Trvelocity
IN NO EVENT SHALL TRAVELOCITY.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY TRAVELOCITY.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.


Expedia
IN NO EVENT SHALL EXPEDIA, INC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE.

DISCLAIMER: The above post is not intented to be legal advice and should not be construed as such.

I hope that this helps.

CWPFLY

[This message has been edited by cwpfly (edited 07-10-2001).]