TERMS AND CONDITIONS
Effective August 1, 2008
 
WELCOME!

PLEASE READ XPLOREASY’ s TERM AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE

Your use of this site is conditioned on your acceptance of the following TERMS AND CONDITIONS.

By using the site, you imply your consent to these terms & conditions. If you do not agree with any part of these terms and conditions, please, refrain from using this site.  

Xploreasy´s Tourists & Travel segment --with the EASY TRIP BUILDER and MY TRAVEL LOG-- was created to assist customers in finding travel information, establishing the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.
  

1. Glossary
2. Use of Site   
3. Cancellation Policy
4. Intellectual Property
5. Privacy
6. Disclaimer of Warranty
7. Limitation of Liability
8. Indemnification
9. Copyright Infringement Claims
10. Links
11. Relationship
12. Attorney’s fees
13. Termination
14. Assignment
15. Modification
16. Additional Terms
17. Severability
18. Headings
19. Entire Agreement

1. GLOSSARY
In this document, terms that should be clearly defined for Xploreasy’s customers.

"We", "us", "our" and "Xploreasy" refer to Xploreasy S.A., a Costa Rican corporation and/or our subsidiaries and affiliates.

"You" refers to the customer visiting the Xploreasy Website and/or booking a reservation through us on this Website, or through our customer service agents.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes trademarks and products and services.

"Mark" means trademark, service mark, trade names, trade dress, custom graphics, logos, or icons.

"Member" means a person who has registered with the Site. Members choose a Member ID and a password.

"Member ID" means the e-mail address you use (with your password) to log-in to Xploreasy Site.

"Products and Services" means the airline travel, hotel accommodations, car rentals, ground transportation, tours, theatre tickets, attractions, travel insurance, Xploreasy PROMO Alerts, and other items available through the Site.

"Provider" means Xploreasy’s suppliers, licensors, information providers, and travel and leisure service providers.

"Purchase" means to book, reserve, sign-up, order or purchase.

The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.

"Site" means the www.xploreasy.com <http://www.xploreasy.com/>  website and/or its future subsites, together with the respective Content, Marks, Products and Services available from this site and subsites.

"Exclusive" “limited” and/or “special” offers are exclusive to Xploreasy and its affiliated companies.
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2. USE OF SITE
Xploreasy concedes you a limited, non-transferable license to use this site in accordance with the TERMS AND CONDITIONS herein stated.

As a condition of your use of this Website, you certify that

This website will not be used for purposes such as, including without limitation, false, speculative, or deceitful reservation or any reservation in anticipation of demand.
 
Xploreasy and the content provided, including the text, graphics, video and audio clips, button icons, software, digital downloads, and data compilations, may not be modified, reproduced, copied, uploaded, transmitted, republished, posted or distributed without the written permission of Xploreasy, and/or its third party providers and distributors.

No Copy, Distribution, or Sale

You may download, print and display the materials on this site for ONLY your PERSONAL, NON COMMERCIAL USE and DEFINITELY not to provide services to a third party.

You may download, display or print limited copies of your travel itinerary (and related documents) for travel or services booked through this Website. 

If you do so, you may not modify the Content in any way.  You must also reproduce the Xploreasy copyright notice (or the Provider's notice as applicable) in this way:

© 2008 Xploreasy S.A. All Rights reserved as displayed on the page(s) that you might copy

Except as explained above, you may not:

·  Use this Website or its contents for any commercial purpose;
 
·  Use or permit or authorize a third party to use on your behalf any "robot," "spider" &die;scraper&die; or other mechanical device, or a program, methodology or algorithm having similar methods or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Xploreasy.

·  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;

· Utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any Xploreasy webpage.

· Reverse engineer any part of this Site; or transmit or otherwise transfer any Web pages, data or content found on this Xploreasy site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise.

· You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site.

· Imply in any fashion that Xploreasy is endorsing your products or services;

· Disguise the origin of the information transmitted through the Site.

·  You agree that you will not take any action that imposes a burden or load on our infrastructure that Xploreasy deems-- in our judgment-- to be unreasonable or disproportionate to the benefits Xploreasy obtains from your use of the site.

· 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

· "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Additional Terms

Additional terms may apply when you Purchase Products or Services, or when you participate in sweepstakes, raffle, or other promotions.

For example, airlines have contracts of carriage, hotels have cancellation policies, and sweepstakes are subject to rules. These additional terms are found in the area of the Xploreasy’s Website where you will Purchase a Product or Service, or where you will register for a sweepstakes. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.
 
You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

In addition, you are prohibited from posting or transmitting any information which:
 
(a) infringes the rights of others or violates their privacy or publicity rights,
(b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right,
 
You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
 
Notwithstanding the foregoing, if you have been notified by Xploreasy that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. Xploreasy may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site. We reserve the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you.[TOP]

3. CANCELLATION POLICY

HOTELS:

a. Cancellations made before 6:00pm (Central Standard Time (US & Canada)) on xx/xx/xx (2 days before check-in date) are subject to a 5% penalty.

b. Cancellations made after 6:00pm (Central Standard Time (US & Canada)) on xx/xx/xx (2 days before check-in date) are subject to a 1 night Room & Tax penalty.

c. Cancellations made after check-in date are subject to a 100% penalty.

RENT A CARS:

All reservations will be charged fully to the credit card on the date of the reservation, and should be cancelled at least three days prior the pickup date.  If a reservation is cancelled during the 48hrs prior to the rent date the rate plus the insurance will be charged against the credit card.

TOURS:

Any cancellation within 24 hours prior to departure will be penalized with a 25% fee on the cost of the contracted service. Cancellations within 12 hours prior to departure will be considered a "no-show;" therefore, no refunds will be made.[TOP]

4. INTELLECTUAL PROPERTY
This site, and all its components (text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site), together with the arrangement and compilation of the content found on this site, is the copyrighted property of Xploreasy.com and/or its various third party providers and distributors. "Content" also includes trademarks, logos and service marks.

The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide reach, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Xploreasy and various third parties.
 
Nothing contained on this site should be construed as conceding, by estoppel, implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Xploreasy, or such other party that may own the Trademarks.

These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Xploreasy or the relevant Provider, except as an integral party of any authorized copy of the Content.

Submitted Content:  Any hotel reviews, journals, recommendations, opinions, news articles, suggestions, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages, ideas, rating of a property or attraction, comments, questions, or other materials received by Xploreasy from you (collectively "Submitted Content"), will be treated as non-confidential and non-proprietary.

During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Xploreasy disclaims any responsibility and assumes no liability with respect to Submitted Content.
 
By providing Submitted Content, you warrant that:

(a)  you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Xploreasy and for the use by Xploreasy and its affiliates as stated herein, and

(b)  the use of such Submitted Content by Xploreasy will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site.

(c)  You agree that if you provide Submitted Content, you grant Xploreasy, its affiliates and all users of the site, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, transfer, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you.

 You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related website or on-line service without Xploreasy’s prior written consent, which consent may be withheld by Xploreasy in its discretion. Consent may be requested by sending an email to clients@xploreasy.com. You agree that Xploreasy may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our discretion, and that such Submitted Content may be shared with our supplier partners, affiliates, customers and other third parties.

 We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Xploreasy.com website.
 
If you do not agree to these terms and conditions, please do not provide us with any Submissions.[TOP]

5. PRIVACY
Please read the Xploreasy User Agreement and Privacy Policy, which is also integral part of this Website. If you agree that the terms of the policy are rational, you consent to the use of your personal information by Xploreasy and/or its third party providers and distributors with the terms and purposes fully explained in the Xploreasy Privacy Policy.[TOP]

6. DISCLAIMER OF WARRANTY
Xploreasy and any third party Providers and distributors make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Xploreasy and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Xploreasy is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service. [TOP]

7. LIMITATION OF LIABILITY
Xploreasy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site.  In no event shall Xploreasy or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental of consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with

 Xploreasy  shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays, re routing  or acts or any government or authority. By offering for sale travel to particular international destinations, Xploreasy 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.  In addition, Xploreasy expressly reserves the right to correct any pricing errors (including, without limitation, typographical or display errors, incorrect supplier information, and currency conversion miscalculations) on our website and/or pending reservations made under and incorrect price.  This right applies whether or not the order has been confirmed and /or your credit card charged.
 
In the event of a correction to a pending reservation, as your sole and exclusive remedy 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.  

If, notwithstanding the foregoing, Xploreasy or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Xploreasy and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Xploreasy and without any liability whatsoever, Xploreasy at any time and without notice may terminate or restrict your access to any component of this site.

Availability

We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Content

The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your needs.
Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via            e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department.
The Contact Information clients@xploreasy.com is provided below.

Viruses

We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

International Travel

8. INDEMNIFICATION
You shall defend and indemnify Xploreasy and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of this User Agreement). [TOP]

9. COPYRIGHT INFRINGEMENT CLAIMS
This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by Xploreasy, its third party providers or distributors of the contents of such other Web sites. None of Xploreasy or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk. [TOP]

10. LINKS
Collection of Personally Identifying Information. We do collect personally-identifying information through the Xploreasy Site to procure lodging, transportation and other amenities for you. [TOP]

11. RELATIONSHIP
The relationship between Xploreasy and you will be that of independent contractors, and neither of us or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. [TOP]

12. ATTORNEY'S FEES
If Xploreasy or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. [TOP]

13. TERMINATION
Xploreasy may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Xploreasy and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Xploreasy and its third party providers or distributors, as applicable. [TOP]

14. ASSIGNMENT.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. [TOP]

15. MODIFICATION.
Xploreasy may modify, revise or update these Terms and/or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of the Terms may be superseded by designated legal notices or terms located on particular pages of this Site.[TOP]

16. ADDITIONAL TERMS.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. 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 if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). Xploreasy may debit your account or charge you for any costs we incur as a result of such violation. [TOP]

17. SEVERABILITY.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. [TOP]

18. HEADINGS.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
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19. ENTIRE AGREEMENT.
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. [TOP]