Traveler Participation and Hold Harmless Agreement

Last Updated: September 29, 2017

Acceptance of Terms – Legally Binding Agreement

Welcome to Vacatia.com (the "Website"), the website of Vacatia, Inc., a Delaware corporation (which, along with its affiliates and subsidiaries, including but not limited to Vacatia Travel Services, Inc., are referred to herein as "Vacatia," the "Company," "we" or "us"). The following Traveler Participation and Hold Harmless Agreement ("Traveler Agreement"), together with the Terms of Use, Privacy Policy and related documentation, govern your participation on the Website as a proposed Traveler seeking to stay at one or more of the accommodations listed on our Website ("Accommodations") or to reserve other travel related goods and services which may be offered from time to time ("Services"). By using the Website you accept and agree to be bound and abide by the terms and conditions of this Traveler Agreement. In other words, this document becomes a legally binding agreement between you and us once you begin using the Website to reserve Accommodations or Services. If you do not agree to the terms and conditions of this Traveler Agreement, you must not access or use the Website to purchase Accommodations.

Changes to the Traveler Agreement

We may revise and update this Traveler Agreement from time to time in our sole and absolute discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Additionally, any transaction for which your credit card has already been charged shall be governed by the form of this agreement in effect at the time of such charge notwithstanding any subsequent changes hereto.

Your continued use of the Website following the posting of a revised Traveler Agreement means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

Representations and Warranties

As a Traveler seeking to reserve Accommodations or Services advertised on the Website, you hereby make the following representations and warranties upon which Company does rely:

  1. You understand that Vacatia Travel Services, Inc., a California corporation ("VTS," which is a wholly owned subsidiary of Vacatia) is a licensed seller of travel, which works with Accommodation and travel product suppliers to arrange and coordinate your reservation of such Accommodations and/or travel products through the Website.
  2. Certain terms and conditions which appear on our Website are generic in nature and apply to all transactions. These are typically terms and conditions relating to use of the Website and credit card processing. Other terms and conditions which appear on our Website are unique to your reservation process and your reservation itself. You agree to make yourself aware of all such terms and conditions and their binding nature, and abide by them during your use of this Website, the Accommodations and/or the Services.
  3. When you click the button to make a reservation, you are expressing your agreement to enter into a binding contract with the provider of the Accommodations or Services being reserved by you in accordance with all the terms and conditions applicable to the use of this Website and the reservation itself.

Supplier Rules and Restrictions

Additional terms of use will apply to your Accommodation reservation and any purchase of Services you may select. Please read these additional terms of use carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier’s website. You agree to abide by the terms of use of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability, charges, fares, and use of products and services.

Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.

We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Some Accommodation suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Vacatia for your Accommodation booking. Vacatia is not liable for any costs incurred due to relocation. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Prepaid Accommodation Reservations

Typically, Vacatia negotiates room rates in advance with Accommodation suppliers to obtain a cost-effective rate, and facilitate reservations and availability. Vacatia also provides services to you to facilitate booking of reservations for consideration (the "Reservation Fee"). The rate for Accommodations displayed on the Website is a combination of the pre-negotiated Accommodation rate and the Reservation Fee retained by Vacatia for its reservation related services. When you decide to make a reservation through the Website, you authorize Vacatia to book reservations for the total reservation price, which includes the Accommodation rate displayed on the Website (inclusive of the Reservation Fee), plus tax recovery charges, service fees and where applicable, taxes on Vacatia' services. You agree that your credit card will be charged by Vacatia for the total reservation price displayed on the Website. Upon submitting your reservation request you authorize Vacatia to facilitate Accommodation reservations on your behalf, including making payment arrangements with Accommodation suppliers.

The amount of tax to be collected regarding your stay at an Accommodation booked through our Website can vary greatly by location, and in some cases can be difficult to ascertain with certainty. As such, the tax recovery charges on prepaid Accommodation transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, taxes on Vacatia's charges for its services, etc.). As a result, the actual tax amounts paid by Vacatia to the Accommodation suppliers and/or remitted to the applicable taxing authority(ies) may vary from the tax recovery charge amounts in effect at the time of the actual use of the Accommodation by our customers. While we attempt to collect tax recovery charges which are equal to the actual taxes to be paid for your stay, as booked through our Website, we may, in some instances, collect more than is actually owed. Please be aware that we do not offer refunds regarding any overage which we may collect in the form of tax recovery charges.

We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Vacatia for their services vary based on the amount and type of Accommodation and/or Services reserved.

Payment Methods

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Vacatia may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

Cancellation and Rescheduling

Of course, you may cancel or change your prepaid Accommodation reservation as you desire. However, if you do not cancel or change your reservation before the cancellation policy period applicable to the Accommodation you reserved (which varies by Accommodation) you will be charged the cancellation or change fee indicated in the rules and restrictions for the Accommodation reservation. Such policies, dates, fees and charges are set by the provider of the Accommodations and/or Services, not by Vacatia.

You agree to pay any cancellation or change fees that you incur. Please note that in limited cases, some Accommodations do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Accommodation reservation. You agree to abide by the terms of use imposed with respect to your prepaid Accommodation reservations.

Traveling Outside The United States

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Vacatia has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by any aircraft upon which you may travel, even if you do not leave the aircraft or airport.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection: Although not common, most countries reserve the right to disinsect aircraft (i.e. spray to kill insects on the aircraft) if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS TO PARTICULAR INTERNATIONAL DESTINATIONS, VACATIA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

No Warranties

Unless a provider has agreed otherwise, all products, services, advice, merchandise and information available through the Website are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any reservation request; (ii) that anyone making a reservation through our Website will receive the lowest available price for goods and/or services available through this Website or otherwise; (iii) regarding the availability of products and/or services through this Website or, where applicable, at any participating retailer or retailer location; (iv) that use of this Website and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.

LIABILITY DISCLAIMER AND LIMITATION OF LIABILTY

While we work hard to ensure the accuracy of the information set forth on our Website, the information, software, products and services published on this Website may include inaccuracies or errors, including pricing errors. As such, Vacatia does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to, the information and description of the Accommodations, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of Accommodation amenities, general product descriptions, etc.). In addition, Vacatia expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Accommodation ratings displayed on this Website are intended as only general guidelines, and Vacatia does not guarantee the accuracy of the ratings. Vacatia and its respective suppliers make no guarantees about the availability of specific products and services. Vacatia and its respective suppliers may make changes on the Website at any time.

Vacatia and its respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Vacatia. All such information, software products, and services are provided “as is” without warranty of any kind. Vacatia and its suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Vacatia and/or its respective suppliers are free of viruses or other harmful components. Vacatia and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers, Accommodations and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of Vacatia. Vacatia is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Vacatia shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

Limitation on Liability

In no event shall Vacatia and/or its respective suppliers or any affiliates thereof, or any employees, agents, officers, directors, members or managers of any of the foregoing, be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Vacatia and/or its respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, Vacatia or its providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Vacatia or its providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Vacatia in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Vacatia and/or its providers.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Privacy of Information Exchanged

Buyer acknowledges and agrees that any information exchanged between Buyer and Seller on the Website is available to the Company, and may be used solely in accordance with the terms of the Website Privacy Policy, as the same may be amended from time to time, unless otherwise directed by the party providing such information. Buyer is also advised to be cautious regarding the direct exchange of identification and financial information outside of the oversight of a title and/or closing agent, and then, only after the Seller's right, title and interest in the VOI has been third-party verified.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Traveler Agreement, applicable laws, or your use of the Website, including, but not limited to, your proposed rental activity, any use of the Website's content, services and products other than as expressly authorized in this Traveler Agreement and the Website Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and this Traveler Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, this Traveler Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange, although we retain the right to bring any suit, action or proceeding against you for breach of this Traveler Agreement in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TRAVELER AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in this Traveler Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Traveler Agreement shall not constitute a waiver of such right or provision.

If any provision of this Traveler Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Traveler Agreement will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, our Copyright Policy, this Traveler Participation and Hold Harmless Agreement, and the Seller Fee Payment and Participation Agreement (as applicable), as well as any and all other documentation which may be referenced in any such documents from time to time, all as may be amended from time to time in Company's sole and absolute discretion, constitute the sole and entire agreement between you and Vacatia, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Vacatia, Inc., whose address is:

100 Broadway
San Francisco, CA 94111

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@vacatia.com.

Thank you for visiting the Website.