AGREEMENT BETWEEN USER AND NiceVacay
2. We do not sell Hotel, Flight and Tours Products The Platform is a Hotel, Flight and Tours search engine that provides users with price comparisons for Hotel, Flight and Tourss. NiceVacay does not provide, own or control any of the Hotel, Flight and Tours services and products that you can access through our Platform (the “Hotel, Flight and Tours Products”). The Hotel, Flight and Tours Products are owned, controlled or made available by third parties (the “Hotel, Flight and Tours Providers”), either directly (e.g., a Hotel, Flight and Tours) or through a facilitator of Hotel, Flight and Tours reservations (e.g., an online travel company). The Hotel, Flight and Tours Providers are responsible for the Hotel, Flight and Tours Products. The booking of a Hotel, Flight and Tours Product takes place solely on the platforms of the Hotel, Flight and Tours Provider. The Hotel, Flight and Tours 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, Flight and Tours where you plan to stay, if different from the Hotel, Flight and Tours Provider, will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Hotel, Flight and Tours Provider accessed through our Platform is at your own risk, and NiceVacay does not have any responsibility should anything go wrong with your booking. NiceVacay has no control over the Hotel, Flight and Tours Products or Hotel, Flight and Tours Providers.
NiceVacay hosts content, including prices, images and other information, made available by or obtained from Hotel, Flight and Tours 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”). NiceVacay is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and NiceVacay 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, Flight and Tours Product will be available. As a result, the price displayed by a Hotel, Flight and Tours Provider may not correspond to that displayed on our Platform. Hotel, Flight and Tours ratings displayed on this Platform are intended as only general guidelines, and the we do not guarantee the accuracy of the ratings or of any User Content.
3. NiceVacay express booking NiceVacay offers its “NiceVacay Express Booking” service, which allows a user to make a booking through our Platform. If you opt to use NiceVacay Express Booking, the booking will be made with the Hotel, Flight and Tours Provider named on the booking page, and NiceVacay will forward the booking information that you provide to the relevant Hotel, Flight and Tours Provider. When you make a booking through NiceVacay Express Booking, our Platform acts as only a user interface, and you will only have a valid booking with a Hotel, Flight and Tours Provider if you receive written confirmation within two days from that Hotel, Flight and Tours Provider accepting your booking.
4. 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, Flight and Tours deals;
you will inform such other persons 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
if you have an NiceVacay account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
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, Flight and Tours Products presented on the Platform are displayed in the currency you have selected. If you do not select any currency, the relevant currency for the respective top-level domain will be used as the default. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time. Some Hotel, Flight and Tours Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. 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.
All prices displayed are to be understood as applying per night. For booking periods in excess of one night, the average price per night for the selected period is displayed. All displayed prices include, the applicable sales tax.
5. Prohibited Activities The content and information on our Platform (including, but not limited to, price and availability of Hotel, Flight and Tours services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for Hotel, Flight and Tours 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. 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, Flight and Tours services) for any purpose without our express written permission; or
“frame”, “mirror” or otherwise incorporate any part of our Platform into any other website without our prior written authorization.
If your activity on our Platform shows signs of fraud, abuse or suspicious activity, NiceVacay may deny its services to you, and close any associated NiceVacay accounts. If you have conducted any fraudulent activity, NiceVacay reserves the right to take any necessary legal action and you may be liable for monetary losses to NiceVacay, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact NiceVacay customer service.
6. Links to third-party sites Our Platform may contain hyperlinks to websites operated by parties other than NiceVacay. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
8. Our liability is limited NiceVacay makes no representations about the suitability of the Content displayed on our Platform for any purpose. The display on our Platform of a Hotel, Flight and Tours Product or any Content does not in any way imply, suggest, or constitute a recommendation by NiceVacay of that Hotel, Flight and Tours Product or that Content, or any sponsorship or approval of such Hotel, Flight and Tours Product or such Content by such Hotel, Flight and Tours Provider, or any affiliation between such Hotel, Flight and Tours Provider and NiceVacay.
All Content and any other information provided on our Platform are provided “as is” without warranty of any kind. NiceVacay disclaims all warranties and conditions that this Platform, its servers or any email sent from NiceVacay are free of viruses or other harmful components. NiceVacay 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, Flight and Tours Providers are independent from NiceVacay and are not agents or employees of NiceVacay. NiceVacay is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Hotel, Flight and Tours Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. NiceVacay will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. NiceVacay 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 NiceVacay 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 NiceVacay has been advised of the possibility of such damages.
If, despite the limitation above, NiceVacay 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 NiceVacay 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 found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of NiceVacay.
9. You agree to protect us You agree to defend and indemnify NiceVacay 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.
10. Dispute Resolution NiceVacay 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 Statement (“Claims”) by contacting NiceVacay’s Customer Support Center here. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us and our subsidiaries. This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Arbitration Rules and specifically Consumer Arbitration Rule R-14, which gives the arbitrator the power to rule on all issues concerning the arbitrability of any claim or counterclaim. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “NiceVacay Legal,” at NiceVacay N.V. Kesselstraße 5 – 7, 40221 Düsseldorf, Germany. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
11. Website design We use a test method to improve website design. An original version of our website is tested against a modified version to find out which is more effective.
When you visit our website, technical information is evaluated based on a pixel and a tracking ID. The evaluation is not personal but group related. The legal basis for this is our legitimate interest in the optimization of our website, Art. 6 para. 1 f DSGVO.
12. Additional terms These Terms 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.
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 this Platform are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.