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Terms and conditions
INTRODUCTION
The VacationsNow web site (the "Web Site") is controlled and operated by 399VacationsNow, LLC (also known as 199VacationsNow & 299VacationsNow) (referred to herein as: "VacationsNow", "We", "Our", or "Us").
The purpose of this Web Site is to provide you (referred to herein as “You” or “Your”) with easy access to rental accommodations that meet your travel needs.
This Web Site is offered to You, conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein ("the Terms").
Your use of this Web Site constitutes Your agreement to the Terms. Please read the Terms carefully before using this Web Site. You may use this Web Site and the services and/or products offered hereunder as long as You comply with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE. In accordance with Our goals, this Web Site may permit You to link to many other web sites, that may or may not be affiliated with this Web Site and/or VacationsNow, and that may have web site terms and conditions that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the web site terms and conditions and policies of those sites, not this Web Site.
MODIFICATION OF THE TERMS
The Terms may change without further notice to You, and it is Your responsibility to check the Terms each time You use this Web Site. VacationsNow reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site You have agreed to be bound by the Terms that are in effect at the time of Your use of this Web Site. The date of the last effective revision of these Terms shall be recorded at the end of the Terms. Previous copies of Terms are available upon request from VacationsNow. Your purchase of rental accommodation from the VacationsNow website, and only from that site and not any other site that you may have arrived at via a link from VacationsNow, shall be bound by the version of the Terms in place at the time the invoice for the purchase was raised.
PRIVACY POLICY
The VacationsNow privacy policy (“Privacy Policy”) describes what information We gather, how We use it. For the details of VacationsNow Privacy Policy, please review the copy of the full Privacy Policy available on this Site.
OWNERSHIP, TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by 399VactionsNow LLC, (471 N.University Drive, Plantation, FL 33324.) All content on this Web Site including, but not limited to, text, images, illustrations and mapping data is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by VacationNow, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to VacationsNow. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. VacationsNow grants You a limited, non-transferable license to use this Web Site in accordance with the Terms. You may only use this Web Site to make legitimate reservations or purchases and shall not use this Web Site for any other purpose, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand. You may print a copy of the content and/or information contained herein for Your personal, non-commercial use only, but You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by email or other electronic means) for commercial use without the prior written consent of VacationsNow. Without the prior written consent of VacationsNow, Your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owner of the Web Site and/or the Provider and is prohibited. As a condition to Your use of this Web Site, You warrant to VacationsNow that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms including, without limitation, the posting or transmitting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice to You. VacationsNow retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on Your web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site including, but not limited to, any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of VacationsNow.
USER'S RESPONSIBILITIES
You are solely responsible for Your Information, and We act as a passive conduit for the online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any information or data that is generated by this Web Site as a result of Your use of this Web Site. You are solely responsible for maintaining the confidentiality of Your account information and confirmation numbers or codes (collectively, "User-Generated Data") in the use of this Web Site. You agree to accept responsibility for all activities that occur under Your account and User-Generated Data. You agree to keep such User-Generated data confidential and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your User-Generated Data. It is also Your responsibility to immediately request discontinuation of such User-Generated Data upon Your knowledge or belief that is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred. You represent and warrant that You are of sufficient legal age and possess the legal authority to use this Web Site in accordance with the Terms herein and to create binding legal obligations for any liability You may incur as a result of Your use of this Web Site. You understand and agree that You are financially responsible for all uses of this Web Site by You and those using Your User-Generated Data. You also warrant that all information supplied by You and by those using Your User-Generated Data is true, accurate, current, and complete. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web Site.
PROHIBITED ACTIVITIES
You are specifically prohibited from any using this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) to take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques; (b) to disclose to, or share, User-Generated Data with any unauthorized third parties or to use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) to upload, post, email or otherwise transmit any Information, content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) to violate any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; and (f) to use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy web pages from this Web Site, or content on this Web Site without Our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator®, Morzilla Firefox ® or Opera may be used without such permission. Microsoft Internet Explorer® may be used only upon pain of death.
INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or in part) worldwide, provided that such use is subject to the terms of Our Privacy Policy.
LINKS
Please exercise discretion while browsing the Internet and using this Web Site. You should be aware that when You are using this Web Site, You could be directed to other sites that are beyond Our control ("Linked Sites") which are operated by parties other than VacationsNow. These Linked Sites include content from Providers automatically incorporated onto the Vacations Now site. The Linked Sites are provided for Your convenience and information only. This includes, but is not limited to, links from advertisers, sponsors, and content partners including those that may use Our logo(s) as part of a co-branding agreement. VacationsNow does not control such Linked Sites and is not responsible for or liable for Your use of such Linked Sites or for the accuracy or legality of information, content or any other materials contained on or available from Linked Sites. As such, You access the Linked Sites at Your own risk. By providing these links, VacationsNow is not endorsing, sponsoring or recommending any such Linked Sites or the information, content or other materials contained on, disseminated by, or services provided by or through them (whether or not VacationsNow is affiliated with the owners of such Linked Sites). VacationsNow makes no representations concerning the content of Linked Sites. Linked Sites may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your use of Linked Sites through links provided on this Web Site is governed by the terms of use, privacy policies and/or any other policies of the Linked Sites, not this Web Site. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of Your web site by VacatonsNow, or its affiliates or Providers. VacationsNow reserves the right to disable links from any third party sites to the Web Site.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Content, Software, Products and Services published on This Web Site may include inaccuracies or typographical errors, in particular VacationsNow and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies, errors or misrepresentations relation to the content and description of the products displayed on this website (including without limitation, photographs, list of property amenities, general product descriptions, etc). Much of which information is provided by the respective providers. VacationsNow its affiliates and / or their respective providers make no representations about the suitability of the content, software, products and services contained on this website for any purpose, and the inclusion or offering for sale of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by VacationsNow or its affiliates. All such content, software, products and services are provided ‘as is’ without warranty of any kind, either express or implied. Other than those warranties which, under the US or International laws applicable to these terms, are implied by law and are incapable of exclusion, restriction or modification, VacationsNow hereby disclaim any and all warranties, express or implied, including but not limited to, implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement. Neither VacatonsNow nor any affiliate, nor the providers, nor any person involved in the creation, production and distribution of this Web Site warrants that the functions contained in this web site will be uninterrupted or error-free, that defects will be corrected or that the server that makes the content will be free of viruses or other harmful components. The content that you access on this Web Site is provided solely for your convenience and information. We do not warrant or make any representation regarding the results that may be obtained from the use of this web site, or as to the reliability, accuracy or currency of any information, content, service and / or merchandise acquired pursuant to your use of this web site. Providers are independent entities and not agents or employees or VacationsNow or its affiliates, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such providers, or for any personal injuries, death, property damage or other damage or expenses resulting from any action associated with a provider.
LIMITATION OF LIABILITY
You expressly agree that use of this web site is at your sole risk. You (and not VacationsNow, its affiliates or providers) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither VacationsNow, nor its affiliates (nor its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this web site, shall be responsible or liable to any person or entity whatsoever for any direct, indirect, punitive, incidental, special or consequential damages (including lost profits), or any other form of legal or equitable remedy, arising out of, or in any way connected with the use of this Website (or any other linked site) or with the delay or inability to use this website (or any other linked suite) or for any information, software, products and services obtained through this web site (or any other linked site) or otherwise arising out of the use of this Web Site (or any other linked site), whether based on contract, tort, strict liability, or otherwise, even if VacationsNow, its affiliates and /or the providers have been advised of the possibility of damages. By way of example, and without limiting the generality of the foregoing, VacationsNow, its affiliates and the providers shall not be responsible or liable for any claim or damage arising from failure or performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this web site. You expressly acknowledge and agree that VacationsNow, its affiliates, and the providers are not liable or responsible for any defamatory, offensive or illegal conduct or other third parties. Some jurisdiction may not all the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions VacationsNow, its affiliates and the providers liability is limited to the greatest extent permitted by law. If you are dissatisfied with the web site or any of the products or services made available in connection herewith or associated herewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the site. The limitations of liability provided in these terms inure to benefit of us and the providers, and to all respective officers, affiliates, directors, employees, representatives, attorneys and agents.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless VacationsNow and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any third party 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 attorneys' fees, resulting from any violation by You of these Terms or Your use of this Web Site.
THIRD PARTY RIGHTS
These Terms are for the benefit of VacationsNow and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by VacationsNow from its IT dept (C.Aztec, Calle Libra, Urb Riviera del Sol, 29649 Mijas Costa, Malaga, Spain). VacationsNow makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable. You may not use or export the materials in this Web Site in violation of European Union & U.S. export laws and regulations. If use of this Web Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in Your jurisdiction(s), You are not authorized to view or use this Web Site and must exit immediately. Your viewing and/or use of this Web Site constitutes Your representation that You are unconditionally and without limitation permitted to view and use this Web Site and VacationsNow may rely upon such representation. These Terms shall be governed by, construed and enforced in accordance with the laws of the United States of America. Any action You, any third party or VacationsNow brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or federal courts located in Florida or the High Courts of England and Wales, and you expressly consent to the jurisdiction of said courts. The choice of jurisdiction in a particular instance shall solely be the preserve of VacationsNow. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS
Additional terms and conditions may apply to reservations made, purchases of goods and services, and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to VacationsNow on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:
We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.
Reservations confirmed hereunder ("Confirmations") are valid only if issued by VacationsNow. Upon receipt, please check all of the details in the Confirmation and notify Us immediately if anything is incorrect, as changes to any aspect of the Confirmation may be treated by VacationsNow and the Providers as a cancellation.
The total number of people occupying any accommodation must not exceed the maximum occupancy of the particular accommodation set forth in the Confirmation; otherwise, and at the sole discretion of the applicable resort and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.
You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities.
You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least of legal majority in your jurisdiction to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider of accommodation.
You undertake all responsibility for travel to the location of the accommodation. Such responsibilities include, but are in no way limited to, the arrangement of transit, local and national entry visa and permit requirements, medical requirements and insurance. Failure to secure such cannot be adduced as a reason to fail to complete the contractual obligations on Your part.
Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us. Failure to allow the local person in authority chance to remedy the cause of the complaint during the holiday will be seen as a failure to mitigate in relation to any future claim.
A Confirmation may not be used for any commercial purpose, including the rental or sale of the accommodation which is represented by such Confirmation. A Confirmation may only be used by the person whose name(s) appears on the Confirmation.
We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company.
VacationNow’s offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred.
VacationNow sells units of 7days (including arrival and departure days). Purchase of adjoining weeks at the same property cannot guarantee that the weeks will be provided in the same room / apartment. Such allocation is solely at the discretion of the local persons in charge of the property and lies fully outside the remit of VacationsNow. In purchasing continuous periods of accomadation You acknowledge that VacationsNow has no control over the allocation of specific rooms / apartments at the premises purchased from.
If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) a strike, lockout or other labour unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Our power to concede.
VacationsNow and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, force majeure or other causes beyond its and their direct control.
CANCELLATION POLICY
For all properties our cancellation policy is as follows:
All bookings are final and not subject to the possibility of cancellation. By proceeding with purchase you acknowledge that you have read and understood the numerous visible warnings in regard of this that are displayed by the website. Booking incurs and immediate and irrovacable cost to VacationsNow, a cost which is borne solely by You the purchaser. No refund will be made for any part of the rental amount.
No refunds will be given for no-shows or early check-outs. The property is not authorized to make any exceptions.
ENTIRE AGREEMENT
These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between VacationsNow, its affiliates, and You with respect to this Web Site and Your use of this Web Site. As such, these Terms (as modified by Us, from time to time) will be deemed to supersede any prior or contemporaneous communications and proposal, whether electronic, oral or written, between VacationsNow, its affiliates, and you with respect to this Web Site or Your use of this Web Site or future communications, whether electronic, oral or written, between You and VacationsNow. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.
Any Rights not expressly granted herein are reserved by VacationsNow.
Terms updated 6 May 2008
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