General Terms and Conditions

AGREEMENT BETWEEN USER AND HOTELSCURATED

1. General

HotelsCurated is a service of Hotels Curated, LLC (from now on, “HotelsCurated”, “platform”), which enables users to search for accommodations such as apartments, cottages and hotel rooms and other related third-party services, and to inquire or book directly with third parties.

2. Scope, Contract

The present general terms and conditions ("Conditions") apply to all services which HotelsCurated directly or indirectly provides to the user, via the Internet, email, or by phone, no matter on which device (e.g., PC, phone), and through which of the corresponding domains (www.HotelsCurated.com) the user accesses the service.

The terms and conditions exclusively apply; standard user conditions which differ from the present terms and conditions are not part of the contract unless HotelsCurated agrees to their validity explicitly and in writing.

These Conditions apply regardless of the provisions, regulations, and terms, and conditions that may be set by third parties regarding contractual relationships with the User. It is the sole responsibility of the User to save or otherwise retain the rules, regulations, and terms and conditions of the third party or the external portal through which the booking is made. HotelsCurated has no influence upon the rules, regulations, and terms and conditions of third parties.

3. Changes to the Terms

We may amend these Terms from time to time to comply with any regulatory requirements or if there are changes to our business practices. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at the time. Your use of our Platform will be subject to the most recent version of the Terms available on the Platform. We recommend that you read through the Terms available on the Platform regularly so that you can be sure that you are aware of any changes that may apply to you.

4. Access and Use of the Platform

The Platform is currently made available to you for your personal, non-commercial use, free of charge.

We do not guarantee that access to the Platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Platform without notice to you.

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer, or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

5. We do not sell Hotel Products

The Platform is a hotel search engine that provides users with suggestions for different offers for hotel rooms. HotelsCurated does not provide, own, or control any of the hotel services and products that you can access through our Platform. The Hotel Products are owned, controlled, or made available by third parties (the “Hotel Providers”), either directly (e.g., a hotel) or through a facilitator of hotel reservations (e.g., an online travel company). The Hotel Providers are responsible for the Hotel Products and all booking contracts. The booking of a Hotel Product takes place solely on the platforms of the Hotel Provider. The Hotel Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Further, the terms of the hotel where you plan to stay, if different from the Hotel Provider, will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Hotel Provider accessed through our Platform is at your own risk, and HotelsCurated does not have any responsibility should anything go wrong with your booking. HotelsCurated has no control over the Hotel Products or Hotel Providers.

HotelsCurated hosts content, including prices, images, and other information, made available by or obtained from Hotel Providers (“Provider Content”), as well as content provided by users, such as comments, ratings and other information (“User Content” and together with the Provider Content, the “Content”). HotelsCurated is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and HotelsCurated has no influence over the Content. In particular, we do not guarantee that Provider Content, in particular the prices reflected therein, will be updated in real-time or that a particular Hotel Product will be available. As a result, the price displayed by a Hotel Provider may not correspond to that displayed on our Platform. Hotel ratings displayed on this Platform are intended as only general guidelines, and we do not guarantee the accuracy of the ratings or of any User Content.
 

6. Use of the Platform

As a condition of your use of our Platform, you warrant that:

-  you are at least 18 years of age;

- you possess the legal authority to create a binding legal obligation;

- you will use the Platform in accordance with these Terms;

- you will only use this Platform for your private use to search for legitimate hotel deals;

- if you use the Platform on behalf of someone else, you will inform them about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;

-  all information supplied by you to our Platform is true, accurate, current and complete; and

We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

The Hotel Products presented on the Platform are displayed in $US dollars. Some Hotel Products may also be sold in another currency than the one preset or chosen by you for the display through the third party. Actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s exchange rate.

 

7. User Obligations and Prohibited Activities

As a user of the Platform, you are responsible for any User Content (text, photos, reviews, links, etc.) that you upload to HotelsCurated. You must ensure that you have all the rights in respect of any content which you publish on the HotelsCurated Platform and that any User Content does not violate the rights of third parties.

In particular, you must not create and upload any User Content that:

- is advertising disguised as a review;

- does not have specific content for a reviewed item;

-  is not objective or intentionally untrue;

-  is immoral, pornographic or in any other way offensive;

-  infringes upon the rights of third parties, in particular, copyright;

-  violates applicable laws in any way or constitutes a criminal offense;

-  contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers;

-  is a survey or chain letter; or

-  is aimed at collecting or using personal data from other users, especially for commercial purposes.

Additionally, you agree not to:

-  use our Platform or its contents for any commercial purpose;

-  make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

-  access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

-  violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;

-  take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

-  deep-link to any portion of our Platform (including, without limitation, the purchase path for any hotel services) for any purpose without our express written permission which we may withdraw at any time in our discretion; or

-  "frame", "mirror" or otherwise incorporate any part of our Platform into any other website without our prior written permission which we may withdraw at any time in our discretion.

If your activity on our Platform shows signs of fraud, abuse or suspicious activity, HotelsCurated may deny its services to you. If you have conducted any fraudulent activity, HotelsCurated reserves the right to take any necessary legal action and you may be liable for monetary losses to HotelsCurated, including litigation costs and damages.

 

8. Links to and from the Platform

Our Platform may contain hyperlinks to websites operated by parties other than HotelsCurated. 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. These Terms will not apply to your use of any third-party website that you access via our Platform. Your use of any third-party website may be subject to additional terms and conditions, which we suggest you read carefully before you visit any such website.

By using the website, the user instructs HotelsCurated to mediate the provision of accommodation, travel, or other services. HotelsCurated provides the service not on its behalf but on behalf and account of the respective third party.

After selecting a hotel product the customer creates a binding contract offer to the third party by clicking the "book now" button on the hotel page. When the user clicks on the "book now" button, HotelsCurated forwards the user's booking request to the third party.

Upon mediation by HotelsCurated for the booking of accommodation, travel, or other services, a contract is exclusively concluded between the third party and the user. HotelsCurated is not part of this contractual relationship and does not itself provide accommodation, travel, or transportation services to the user. For the proper delivery of a service, irrespective of the legal nature, only the third-party provider is responsible to the user. All rights arising in connection with the reservation made by the user are directly between the third party as the party to a contract and the user and cannot be the object of any claims against HotelsCurated. The above stated also applies to existing statutory rights or other rights voluntarily granted by the third-party, such as withdrawal and rescission rights or other statements that concern the contractual relationship or the service relationship of the user to the third party (e.g. notification of defects).

Unless HotelsCurated is not subject to a corresponding contractual obligation by express agreement with the user, HotelsCurated does not guarantee the realization of the third-party contract resulting from the booking request made by the user.

9. Rebooking and cancellation

Rebooking and cancellation options for accommodation and services already bindingly booked and any other costs arising therefrom are set out in the contract documents or terms and conditions of the respective third party. HotelsCurated has no influence on the conditions of third parties.

HotelsCurated is not required to accept cancellation or rebooking requests or statements, which should be arranged with the third party as the contract partner. In order not to jeopardize timely delivery, users are asked to submit any such requests directly to the third party.

10. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Platform and the Content (including, but not limited to, price and availability of hotel services), as well as the infrastructure, used to provide such Content. While you may make limited copies of your itinerary (and related documents) for hotel reservations booked through our Platform, 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 Platform.

If you copy or use any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must destroy any copies of the materials you have made.

You agree not to generate automated page impressions or content on the Platform.

11. Comment, ratings, and reviews guidelines

These guidelines apply to any content (including text, images, video, and links) you submit to HotelsCurated.

The feedback is intended to help customers like you. For this purpose, the content you submit should be relevant and based on your real and honest opinions after your stay at one of HoteslCurated’s listings and using HotelsCurated’s services.

Respect others. Do not write bad or inappropriate content. Do not post content that invades another's privacy. Do not impersonate other people or organizations, or pretend to be someone you are not.

Promotions and commercial solicitations. Any form of advertising is not allowed.

Illegal activity. Don't post content that encourages or supports illegal behavior.

Disclaimer. The opinions expressed are those of HotelsCurated’s customers, and not of HotelsCurated. HotelsCurated does not accept responsibility or liability for any reviews or responses. HotelsCurated is a distributor (without any obligation to verify) and not a publisher of the content.

Delete rights. The contributions can be erased by contacting Support@HotelsCurated.com.

 

12. Our liability is limited

HotelsCurated makes no representations about the suitability of the Content displayed on our Platform for any purpose. All Content and any other information provided on our Platform are provided “as is” without warranty of any kind. HotelsCurated disclaims all warranties and conditions that this Platform, its servers or any email sent from HotelsCurated are free of viruses or other harmful components. HotelsCurated hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title, and non-infringement.

The Hotel Providers are independent from HotelsCurated and are not agents or employees of HotelsCurated. HotelsCurated is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Hotel Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. HotelsCurated will not be liable for any cancellation, overbooking, strike, force majeure, or other causes beyond its direct control. HotelsCurated does not accept responsibility for the uninterrupted accessibility to our Platform and may carry out technical or maintenance work on the Platform at any of its choosing.

In no event shall HotelsCurated 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 Platform or with the delay or inability to access, display or use this Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through this Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if HotelsCurated has been advised of the possibility of such damages.

If despite the limitation above, HotelsCurated is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of HotelsCurated will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) or the equivalent in local currency.

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 its essential purpose. The limitations of liability provided in these Terms survive the termination of your relationship with HotelsCurated.

 

13. Dispute Resolution

You agree to defend and indemnify HotelsCurated and any of its 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:

-  your breach of these Terms or the documents referenced herein;

-  your violation of any law or the rights of a third party; or

-  your use of our Platform.

 

14. Dispute Resolution

HotelsCurated is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Platform, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting HotelsCurated’s customer support center Support@hotelsCurated.com.

 

15. Complaints or Queries

If you have any queries or complaints about the Platform, please contact our support center Support@hotelsCurated.com.  We will use reasonable efforts to respond to you promptly.

 

16. General

These Terms and any non-contractual obligations arising out of them are governed by the Federal Arbitration Act, federal arbitration law, and for searches or bookings made by U.S. residents, the laws of the state in which you reside, without regard to principles of conflicts of laws. Use of our Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Fictitious names of companies, products, people, characters, and/or data mentioned on the Platform are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

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