| Welcome to the Holidasia.com website
(the "Website"). This Website is provided solely to
assist customers in gathering travel information, determining
the availability of travel-related goods and services, making
legitimate reservations or otherwise transacting business with
travel suppliers, and for no other purposes. The terms "we",
"us", "our" and "Holidasia" refer
to Holidasia., a corporation and/or our subsidiaries. The term
"you" refers to the customer visiting the Website
and/or booking a reservation through us on this Website, or
through our customer service agents.
This Website is offered to you conditioned upon your acceptance
without modification of all the terms, conditions, and notices
set forth below (collectively, the "Agreement").
By accessing or using this Website in any manner, you agree
to be bound by the Agreement. Please read the Agreement carefully.
If you do not accept all of these terms and conditions, please
do not use this Website. Be sure to return to this page periodically
to review the most current version of the Agreement. We reserve
the right at any time, at our sole discretion, to change or
otherwise modify the Agreement without prior notice, and your
continued access or use of this Website signifies your acceptance
of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
(i) you are at least 18 years of age, (ii) you possess the
legal authority to create a binding legal obligation, (iii)
you will use this Website in accordance with this Agreement,
(iv) you will only use this Website to make legitimate reservations
for you or for another person for whom you are legally authorized
to act, (v) all information supplied by you on this Website
is true, accurate, current and complete, and (vi) if you have
an Holidasia.com account, you will safeguard your account
information and will supervise and be completely responsible
for any use of your account by anyone other than you. We retain
the right at our sole discretion to deny access to anyone
to this Website and the services we offer, at any time and
for any reason, including, but not limited to, for violation
of this Agreement.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but
not limited to, price and availability of travel services),
as well as the infrastructure used to provide such content
and information, is proprietary to us or our suppliers and
providers. While you may make limited copies of your travel
itinerary (and related documents) for travel or services booked
through this Website, you agree not to otherwise modify, copy,
distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or
re-sell any information, software, products, or services obtained
from or through this Website. Additionally, you agree not
to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation
or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of
this Website using any robot, spider, scraper or other automated
means or any manual process for any purpose without our express
written permission;
(iv) violate the restrictions in any robot exclusion headers
on this Website or bypass or circumvent other measures employed
to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion,
an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including,
without limitation, the purchase path for any travel services)
for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate
any part of this Website into any other website without our
prior written authorization.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation
and purchase of travel-related goods and services that you
select. Please read these separate terms and conditions carefully.
You agree to abide by the terms and conditions 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
and use of fares, products, or services. 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.
PRIVACY POLICY
Holidasia believes in protecting your privacy. Please click
here to review our current Privacy Policy, which also governs
your use of Holidasia.com, to understand our practices: Privacy
Policy.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting
content to this Website by electronic mail, postings on this
Website or otherwise, including any hotel reviews, questions,
comments, suggestions, ideas or the like contained in any
submissions (collectively, "Submissions"), you grant
Holidasia and its affiliates a nonexclusive, royalty-free,
perpetual, transferable, irrevocable and fully sublicensable
right to (a) use, reproduce, modify, adapt, translate, distribute,
publish, create derivative works from and publicly display
and perform such Submissions throughout the world in any media,
now known or hereafter devised; and (b) use the name that
you submit in connection with such Submission, if they choose.
However, you acknowledge that Holidasia may choose to provide
attribution of your comments or reviews (for example, listing
your name and hometown on a hotel review that you submit)
at our discretion. You further grant Holidasia the right to
pursue at law any person or entity that violates your or Holidasia's
rights in the Submissions by a breach of this Agreement. You
acknowledge and agree that Submissions are non-confidential
and non-proprietary. We take no responsibility and assume
no liability for any Submissions posted or submitted by you.
If you do not agree to these terms and conditions, please
do not provide us with any Submissions.
You are fully responsible for the content of your Submissions,
(specifically including, but not limited to, reviews posted
to this Website). You are prohibited from posting or transmitting
to or from this Website: (i) any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material or content
that would violate rights of publicity and/or privacy or that
would violate any law; (ii) any commercial material or content
(including, but not limited to, solicitation of funds, advertising,
or marketing of any good or services); and (iii) any material
or content that infringes, misappropriates or violates any
copyright, trademark, patent right or other proprietary right
of any third party. You shall be solely liable for any damages
resulting from any violation of the foregoing restrictions,
or any other harm resulting from your posting of content to
this Website. You acknowledge that Holidasia has the right
to control (e.g. use, publish, remove) any content you submit
without notice to you. If you submit more than one review
for the same hotel, only your most recent submission is eligible
for use.
Prepaid Hotel Reservations
You acknowledge that Holidasia pre-negotiates certain room
rates with hotel suppliers to facilitate the booking of reservations
on your behalf. The room rate displayed on the Website is
a combination of the pre-negotiated room rate for rooms reserved
on your behalf by Holidasia and the facilitation fee retained
by Holidasia to compensate us for our services. You authorize
Holidasia to book reservations for the total reservation price,
which includes the room rate displayed on the Website, plus
tax recovery charges, and service fees. You agree that your
credit card will be charged by Holidasia for the total reservation
price. Upon submitting your reservation request you authorize
Holidasia to facilitate hotel reservations on your behalf,
including making payment arrangements with hotel suppliers.
You acknowledge that Holidasia does not collect taxes for
remittance to applicable taxing authorities. The tax recovery
charges on prepaid hotel transactions are a recovery of the
estimated transaction taxes (e.g. sales and use, occupancy,
room tax, excise tax, value added tax, etc) that Holidasia
pays to the hotel supplier in connection with your hotel reservations.
The hotel suppliers invoice Holidasia for tax amounts. The
Hotel suppliers remit applicable taxes to the applicable taxing
jurisdictions. Holidasia does not act as co-vendors with the
supplier with whom we book or reserve our customer's travel
arrangements. Taxability and the appropriate tax rate vary
greatly by location. The actual tax amounts paid by Holidasia
to the hotel suppliers may vary from the tax recovery charge
amounts, depending upon the rates, taxability, etc. in effect
at the time of the actual use of the hotel by our customers.
We retain our service fees as compensation in servicing your
travel reservation. Our service fees vary based on the amount
and type of hotel reservation.
You may cancel or change your prepaid hotel reservation,
but you will be charged the cancellation or change fee indicated
in the rules and restrictions for the hotel reservation. In
addition, if you do not cancel or change your reservation
before the cancellation policy period applicable to the hotel
you reserved, which varies by hotel (usually 24 to 72 hours)
prior to your date of arrival), you will be subject to a charge
of applicable nightly rates, tax recovery charges and service
fees. In the event you do not show for the first night of
the reservation and plan to check-in for subsequent nights
in your reservation, you must confirm the reservation changes
with Holidasia or its subsidiary, as appropriate, no later
than the date of the first night of the reservation to prevent
cancellation of your reservation. You must make refund requests
for no-shows or early checkouts within 60 days after checkout.
You agree to pay any cancellation or change fees that you
incur. In limited cases, some hotels do not permit changes
to or cancellations of reservations after they are made, as
indicated in the rules and restrictions for the hotel reservation.
You agree to abide by the terms and conditions imposed with
respect to your prepaid hotel reservations.
TRAVEL DESTINATIONS
Although most travel, including travel to international destinations,
is completed without incident, travel to certain destinations
may involve greater risk than others. Holidasia urges passengers
to review travel prohibitions, warnings, announcements and
advisories issued by Governments prior to booking travel to
international destinations. Information on conditions in various
countries and the level of risk associated with travel to
particular international destinations can be found at www.state.gov,
www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac
and www.customs.gov.
Please click here to obtain information on passport requirements
and travel documentation requirements:
Passport Requirements | Holidasia.com
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS,
HOLIDASIA 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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED
ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING
PRICING ERRORS. IN PARTICULAR, HOLIDASIA, ITS SUBSIDIARIES
AND CORPORATE AFFILIATES (COLLECTIVELY, THE "HOLIDASIA
COMPANIES") AND THE AFFILIATED, CO-BRANDED AND/OR LINKED
WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY,
"HOLIDASIA AFFILIATES") DO NOT GUARANTEE THE ACCURACY
OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES
RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL,
AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS
WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS,
LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.),
MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS.
IN ADDITION, HOLIDASIA EXPRESSLY RESERVES THE RIGHT TO CORRECT
ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS
MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER
YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE
CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION
WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY
GENERAL GUIDELINES, AND THE HOLIDASIA COMPANIES AND THE HOLIDASIA
AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE
HOLIDASIA COMPANIES, THE HOLIDASIA AFFILIATES AND THEIR RESPECTIVE
SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC
PRODUCTS AND SERVICES. THE HOLIDASIA COMPANIES, THE HOLIDASIA
AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE HOLIDASIA COMPANIES, THE HOLIDASIA AFFILIATES, AND THEIR
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 THE HOLIDASIA COMPANIES OR THE HOLIDASIA AFFILIATES. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE HOLIDASIA
COMPANIES, THE HOLIDASIA AFFILIATES, AND THEIR RESPECTIVE
SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS
WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE HOLIDASIA
COMPANIES, THE HOLIDASIA AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE HOLIDASIA COMPANIES, THE HOLIDASIA AFFILIATES, AND THEIR
RESPECTIVE 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 PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL
OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS
AND NOT AGENTS OR EMPLOYEES OF THE HOLIDASIA COMPANIES, OR
THE HOLIDASIA AFFILIATES. THE HOLIDASIA COMPANIES AND THE
HOLIDASIA AFFILIATES ARE 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.
THE HOLIDASIA COMPANIES AND THE HOLIDASIA AFFILIATES 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 EXPENSE, OMISSIONS, DELAYS, RE-ROUTING
OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE HOLIDASIA COMPANIES, THE HOLIDASIA
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, 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 WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE,
LINKED SITES, PRODUCTS, AND SERVICES OBTAINED 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, OR OTHERWISE, AND EVEN IF
THE HOLIDASIA COMPANIES, THE HOLIDASIA AFFILIATES AND/OR THEIR
RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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 is found to have failed of its essential purpose.
The limitations of liability provided in these terms inure
to the benefit of the Holidasia Companies, the Holidasia Affiliates,
and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify the Holidasia Companies,
the Holidasia Affiliates, and/or their respective suppliers
and any of their officers, directors, employees and agents
from and against any claims, causes of action, demands, recoveries,
losses, damages, fines, penalties or other costs or expenses
of any kind or nature including but not limited to reasonable
legal and accounting fees, brought by third parties as a result
of:
(a) your breach of this Agreement or the documents referenced
herein;
(b) your violation of any law or the rights of a third party;
or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by
parties other than Holidasia. Such hyperlinks are provided
for your reference only. We do not control such websites and
are not responsible for their contents or the privacy or other
practices of such websites. Further, it is up to you to take
precautions to ensure that whatever links you select or software
you download (whether from this Website or other websites)
is free of such items as viruses, worms, trojan horses, defects
and other items of a destructive nature. Our inclusion of
hyperlinks to such websites does not imply any endorsement
of the material on such websites or any association with their
operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this
Website ("Software") is the copyrighted work of
Holidasia, Holidasia Affiliates, and/or our respective suppliers.
Your use of such Software is governed by the terms of the
end user license agreement, if any, which accompanies, or
is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first agree
to the License Agreement terms. For any Software made available
for download on this Website not accompanied by a License
Agreement, we hereby grant to you, the user, a limited, personal,
nontransferable license to use the Software for viewing and
otherwise using this Website in accordance with these terms
and conditions and for no other purpose.
Please note that all Software, including, without limitation,
all HTML code and Active X controls contained on this Website,
is owned by the Holidasia Companies, Holidasia Affiliates,
and/or our respective suppliers, and is protected by copyright
laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources
and should be used as guidelines only. Rates are not verified
as accurate, and actual rates may vary. Currency quotes are
not updated every day. Check the date on the currency converter
feature for the day that currency was last updated. The information
supplied by this application is believed to be accurate, but
the Holidasia Companies, the Holidasia Affiliates, and/or
our respective suppliers do not warrant or guarantee such
accuracy. When using this information for any financial purpose,
we advise you to consult a qualified professional to verify
the accuracy of the currency rates. We do not authorize the
use of this information for any purpose other than your personal
use and you are expressly prohibited from the resale, redistribution,
and use of this information for commercial purposes.
GENERAL
Your use of mapping available on this Website is governed
by the Microsoft Terms of Use and Microsoft Privacy Statement.
Microsoft reserves the right to change the Microsoft Terms
of Use and Privacy Statements at any time, at their sole discretion.
Please click here for additional information: Microsoft Terms
of Use and Microsoft Privacy Policy
You agree that no joint venture, partnership, or employment
relationship exists between you and the Holidasia Companies
as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing
laws and legal process, and nothing contained in this Agreement
limits our right to comply with law enforcement or other governmental
or legal requests or requirements relating to your use of
this Website or information provided to or gathered by us
with respect to such use. To the extent allowed by applicable
law, you agree that you will bring any claim or cause of action
arising from or relating to your access or use of this Website
within two (2) years from the date on which such claim or
action arose or accrued or such claim or cause of action will
be irrevocably waived.
If any part of this Agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced
herein) constitutes the entire agreement between you and Holidasia
with respect to this Website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral, or written, between the customer and Holidasia with
respect to this Website. A printed version of this Agreement
and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
Fictitious names of companies, products, people, characters,
and/or data mentioned on this Website are not intended to
represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
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