Terms And Conditions
- Your agreement
- Access and Use of the Services
This Website, the domain name (www.govacay.co), subdomains, features, contents and application services (including without limitation to any mobile application services) offered from time to time by Vacay in connection therewith are owned and operated by Vacay.
If you link to this Website, Vacay may revoke your rights to said link at any time, at Vacay’s sole discretion. Vacay reserves the right to require prior written consent before linking to this Website.
- Website and Content
If we agree to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited licence to access this Website in accordance with these Terms and Use. We may, at our absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners; and (ii) in any way that violates any third party rights.
Vacay cannot guarantee the identity of any other users with whom you may interact in the course of using this Website. Vacay cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Merchants may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Vacay be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
- Intellectual Property Rights
All intellectual property rights subsisting in respect of this Website belong to Vacay or have been licensed to Vacay for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly permitted in this clause 6), create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part.
(b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.
(c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Vacay or from the copyright holder identified in such Contents copyright notice.
- User Submissions
In the course of accessing this Website or using the Services, you may provide information which may be used by Vacay and/or the Merchants in connection with the Services and which may be visible to other users of this Websites. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Vacay and/or the Merchants in connection with the Services (collectively, ‘User Submissions’),
(a) You hereby grant to Vacay and the Merchants a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions (including all related intellectual property rights subsisted thereon) in connection with providing the Services and operating this Website and Vacay’s business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
(d) You acknowledge and agree that Vacay retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Vacay does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; and
(e) all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Vacay will not be liable for any errors, plagiarisms or omissions in any content.
- Users Representations, Warranties and Undertakings
You represent, warrant and undertake to Vacay that you will not provide any User Submission or otherwise use this Website or the Services in a manner that:
(a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
(b) violates any law, statute, ordinance or regulation;
(c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
(d) involves commercial activities and/or sales without Vacay’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(e) libel, impersonates any person or entity, including without limitation any employee or representative of Vacay; or
(f) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Vacay reserves the right to remove any User Submission from this Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission or if Vacay is concerned that you may have breached any of the preceding representations, warranties or undertakings), or for no reason at all.
You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website, and you further represent, warrant and undertaking to Vacay that you possess all rights necessary to provide such User Submission to Vacay and to grant Vacay the rights to use such User Submission on this Website or otherwise in connection with providing the Services.
You acknowledge and agree that you shall be solely responsible for your own User Submission and the consequences of posting or publishing all of your User Submission on this Website. You represent, warrant and undertake to Vacay that:
(b) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or Vacay’s use of the User Submission (or any portion thereof) on or through this Website and/or the Services offered through this Website will infringe, misappropriate or violate any third party’s’ patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Vacay that you shall not:
(a) conduct any fraudulent, abusive, or otherwise illegal activity, which may be grounds for termination of your right to access or use this Website and/or the Services;
(b) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website;
(c) violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited;
(d) run maillist, listserv, or any other form of auto-responder, or “spam” on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Websites infrastructure;
(e) use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Website; and
(f) decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
- Credit Usage
In the course of using the Services, you may require to open and maintain with us an account (the ‘User Account’). You may purchase credits through the User Account and the outstanding credits in your User Account can be applied to book or purchase the Services through this Website at your sole discretion. Our policy for credit usage is set out below:
(a) You may enter a promotion code in the billing section of the checkout process if available.
(b) Multiple promotion codes cannot be combined. A promotion code should be used only once by any individual, family, or group.
(c) duplicate User Accounts for the purpose of redeeming credits is expressly forbidden. The determination of a duplicate User Accounts is at the sole discretion of Vacay. Such a determination may be made using factors including but not limited to name, billing address, IP address or other factors as Vacay may think appropriate.
Vacay reserves the right to deny and cancel bookings and/or purchases of any Services that are deemed in violation of this policy. Such a determination is at Vacay’s sole discretion without prior consent/notice.
Vacay intends to offer or procure the Merchants to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
Whilst the Merchants are required to provide us with accurate and updated prices of the Services on this Website, however, Vacay cannot guarantee that all prices for the Services provided by the Merchants are accurate and updated at all times.
- Tickets, Vouchers, Fees and Payment
Through this Website, you may purchase from Vacay by using the credit to purchase vouchers for the Services (‘Vouchers’) offered by the Merchants at your country (‘Merchants’). Subject to the policy of the relevant Merchant, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (‘Confirmation Number’) and a printable version of your Voucher.
In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Merchant on time, and present such documents and/or information as may be required by the Merchant, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or provide the required documents or information, no refunds will be granted.
A Merchant may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Vacay nor the Merchant is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the Merchant may refuse to accept your Voucher, and no refunds will be granted.
Vouchers are admission tickets to one-time events (‘Events’); the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
You may cancel your Voucher by contacting Vacay customer service within the cancellation period, as stated at the time of purchase on the Website. Cancellation windows vary on a case by case basis. A Voucher cancelled with the required notice will be refunded in full to the credit card you used to purchase such Voucher. Any administrative costs incurred will be borne by you.
The Merchants, not Vacay, is the offeror of the Services for the Events (and to which Vouchers corresponding to), and is solely responsible for accepting or rejecting any Voucher you purchase and providing all such Services relating thereto.
Vacay is not responsible for the level service standards or any loss, damage or injury incurred during the course of activity.
Please consult with the Merchant if you have any enquiry or complaint in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at any time prior to purchase.
If an Event for which you have purchased for a Voucher is cancelled by the Merchant, we will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
Vacay reserves the right to require payment of fees or charges for any Services offered by Vacay. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you. Vacay reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use (or continue to use) of the Services offered by Vacay following such notification constitutes your acceptance of any new or revised fees or charges.
You must be over eighteen (18) years of age to make any purchase on Vacay. If you are under eighteen (18), you may make any purchase on Vacay only with involvement of a parent or guardian.
Vacay has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Vacay has no control over, and no duty to take any action regarding: which users gain access to this Website; what content you access via this Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
Vacay shall not be liable and you agree to release Vacay from all liability for you having acquired or not acquired the Content through this Website. This Website and the Content may contain, or direct you to websites containing, information that you may find offensive or inappropriate. Vacay makes no representations concerning any content contained in or accessed through this Website, and Vacay will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this Website.
You acknowledge and agree that the Services may be offered by the Merchants or other third party and suggestions or recommendations may be given by the Merchants or Users of this Website. Vacay makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
The Services, Content, Website, Products and Services obtained through this Website, and any software are provided on an “as is” basis. Unless expressly provided in this Website and to the fullest extent permissible by applicable law, the Services, Content, Website, Products and Services obtained through this Website are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of Merchant ability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.
- Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Vacay and select a password and user name (‘User ID’). If you are accessing the Services through a third party site or service, Vacay may require that your User ID be the same as your user name for such third party site or service.
You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization.
Vacay reserves the right to refuse registration of or cancel a User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you to assume exclusive defense and control of any claim or action.
- Limitation of Liability
The Contents are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, we do not represent, guarantee or warrant:
- the accuracy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Contents;
- the Contents available through this Website or any associated functions will always be available or uninterrupted or error-free, or that defects will be corrected or that this Website and the server is and will be free of all viruses and other harmful elements.
Vacay does not guarantee that this Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access this Website. You should use your own virus protection software. Vacay shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any Content on it, or on any website linked to it.
To the extent permitted by law, Vacay excludes all conditions, warranties, representations or other terms which may apply to this Website or any content on it, whether express or implied.
Vacay shall also not be liable for any damage or loss of any kind, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising directly or indirectly under or in connection with the use of, or inability to use, the Website or use of or reliance on the contents contained in or available from the Website.
Vacay may suspend, withdraw, discontinue or change all or any part of this Website without notice. Vacay shall not be liable to you if for any reason this Website is unavailable at any time or for any period. Vacay reserves the right to modify, alter and withdraw the Contents at any time for any reason whatsoever.
You acknowledge and agree that you will not hold or seek to hold Vacay responsible for the content provided by any Merchant or third party and you further acknowledge and agree that Vacay is not a party to any transaction in relation to the services provided by any Merchant or third party. Vacay has no control over and do not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Merchant or third party on this Website.
- Interaction with Third Parties
This Website may contain links to third party websites or services (‘Third Party Websites’) that are not owned or controlled by Vacay, or the Services may be accessible by logging in through a Third Party Website.
Vacay has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Vacay will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold harmless Vacay from any and all liability arising from your use of any Third Party Website.
Your interactions with organizations and/or individuals found on or through the Services (including without limitation the Merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Vacay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Vacay is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Vacay, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
- Passports, Visas & Insurances
It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure.
- Governing Law
The failure of Vacay to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Vacay shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vacay’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
- Referral Credit Program
On certain of its Sites, Vacay may offer members the ability to earn credits or discounts (‘Referral Credits’) toward future bookings on the Vacay Sites when they invite friends to become members of a Vacay Site and those friends make a qualifying booking sent through an authorized Vacay invitation channel (e.g. an invitation sent through Vacay’s website, Facebook or another social media channel supported by Vacay). You may only earn Referral Credits via Vacay’s authorized member invite mechanisms. Referrals outside of Vacay authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members. You will only receive Referral Credit for the first qualifying booking made by a friend who makes his or her first booking on the Vacay Sites and subsequently completes his or her first booking as a result of an invite from you via a Vacay authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Vacay will have no liability to you for your friends’ failure to follow directions.
You agree that having multiple Vacay accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Vacay’s referral credit program system may, without limiting any other Vacay rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. Vacay reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Vacay. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Vacay, including by using any trademarks of Vacay.
Referral Credits will appear in your account within 24 hours of one of your qualifying invitees completing his or her qualifying activity booked on Vacay’s website.
The referral credit program is void where prohibited by law. Vacay reserves the right to modify or terminate the referral credit program at any time. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Vacay will have no liability for any errors displayed in your account.
Last Updated 7 August, 2016.