Most airlines today choose to make web fares available only adam on their own websites, because these fares are so low it would be uneconomic to offer them through the higher cost channels. (It is, in fact, very common throughout the retailing world for stores or catalogs to also have a website, and for that website hotel to offer a few prices that are below the prices charged for the same goods in the store or the catalog.) However whether an airline chooses to make its web fares available adam and hotel through CRS''s to travel agents and the websites that rely on CRS''s is strictly an individual airline decision, and will remain so once Orbitz is up and running. Several third party websites (such as intellitrip.com) today take web fares from adam various airline websites (which they can do, because nothing is more public than a website) and display them in one place for their customers. And of course hotel travel agents can book web fares off an airline''s website for a customer if they wish (although whether they get a commission on that booking is up to the individual airline).

We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a adam 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from hotel viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.

Our agreements not only contain no provision barring any airline from making any fare available through any channel, they contain an affirmative non-exclusivity provision that adam makes it explicit that no airline is prevented from making any fare it chooses available through hotel any adam channel it chooses. Our agreement contains a non-discrimination hotel clause by which those airlines that will adam receive the indirect hotel discount on the CRS booking fee agree in return adam to make available on any fare they publish and make available to the general public through any other channel. But that of course does hotel not preclude them from offering any fare through any other channel.