Terms of Use
Web Site Terms, Conditions, and Notices
AGREEMENT BETWEEN CUSTOMER AND STAYAT, INC.
Welcome
to the StayAt.com website (the "Website"). This Website is provided
solely to assist customers in gathering travel information, determining
the availability of travel- related goods and services, making
legitimate reservations or otherwise transacting business with travel
suppliers, and for no other purposes. The terms "we", "us", "our" and
"StayAt" refer to StayAt, Inc., a Washington corporation and/or our
subsidiaries. The term "you" refers to the customer visiting the
Website and/or booking a reservation through us on this Website, or
through our customer service agents.
This Website is offered
to you conditioned upon your acceptance without modification of all the
terms, conditions, and notices set forth below (collectively, the
"Agreement"). By accessing or using this Website in any manner, you
agree to be bound by the Agreement. Please read the Agreement
carefully. If you do not accept all of these terms and conditions,
please do not use this Website. Be sure to return to this page
periodically to review the most current version of the Agreement. We
reserve the right at any time, at our sole discretion, to change or
otherwise modify the Agreement without prior notice, and your continued
access or use of this Website signifies your acceptance of the updated
or modified Agreement.
USE OF THE WEBSITE
As a
condition of your use of this Website, you warrant that (i) you are at
least 18 years of age, (ii) you possess the legal authority to create a
binding legal obligation, (iii) you will use this Website in accordance
with this Agreement, (iv) you will only use this Website to make
legitimate reservations for you or for another person for whom you are
legally authorized to act, (v) all information supplied by you on this
Website is true, accurate, current and complete, and (vi) if you have
an StayAt.com account, you will safeguard your account information and
will supervise and be completely responsible for any use of your
account by anyone other than you. We retain the right at our sole
discretion to deny access to anyone to this Website and the services we
offer, at any time and for any reason, including, but not limited to,
for violation of this Agreement.
PROHIBITED ACTIVITIES
The
content and information on this Website (including, but not limited to,
price and availability of travel 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 travel itinerary (and related documents) for
travel or services booked through this Website, 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 Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii)
access, monitor or copy any content or information of this Website
using any robot, spider, scraper or other automated means or any manual
process for any purpose without our express written permission;
(iv)
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;
(v) take any action that imposes, or may
impose, in our discretion, an unreasonable or disproportionately large
load on our infrastructure;
(vi) 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
(vii) "frame", "mirror" or otherwise incorporate any
part of this Website into any other website without our prior written
authorization.
SUPPLIER RULES AND RESTRICTIONS
Separate
terms and conditions will apply to your reservation and purchase of
travel- related goods and services that you select. Please read these
separate terms and conditions carefully. You agree to abide by the
terms and conditions of purchase imposed by any supplier with whom you
elect to deal, including, but not limited to, payment of all amounts
when due and compliance with the supplier's rules and restrictions
regarding availability and use of fares, products, or services. 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 any violation of any such supplier's rules and
restrictions may result in cancellation of your reservation(s), in your
being denied access to the applicable travel product or services, in
your forfeiting any monies paid for such reservation(s), and/or in our
debiting your account for any costs we incur as a result of such
violation.
PRIVACY POLICY
StayAt believes in
protecting your privacy. Please click here to review our current
Privacy Policy, which also governs your use of StayAt.com, to
understand our practices: Privacy Policy.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting
content to this Website by electronic mail, postings on this Website or
otherwise, including any hotel reviews, questions, comments,
suggestions, ideas or the like contained in any submissions
(collectively, "Submissions"), you grant StayAt and its affiliates a
nonexclusive, royalty-free, perpetual, transferable, irrevocable and
fully sublicensable right to (a) use, reproduce, modify, adapt,
translate, distribute, publish, create derivative works from and
publicly display and perform such Submissions throughout the world in
any media, now known or hereafter devised; and (b) use the name that
you submit in connection with such Submission, if they choose. However,
you acknowledge that StayAt may choose to provide attribution of your
comments or reviews (for example, listing your name and hometown on a
hotel review that you submit) at our discretion. You further grant
StayAt the right to pursue at law any person or entity that violates
your or StayAt's rights in the Submissions by a breach of this
Agreement. You acknowledge and agree that Submissions are
non-confidential and non-proprietary. We take no responsibility and
assume no liability for any Submissions posted or submitted by you. If
you do not agree to these terms and conditions, please do not provide
us with any Submissions.
You are fully responsible for the
content of your Submissions, (specifically including, but not limited
to, reviews posted to this Website). You are prohibited from posting or
transmitting to or from this Website: (i) any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material or
content that would violate rights of publicity and/or privacy or that
would violate any law; (ii) any commercial material or content
(including, but not limited to, solicitation of funds, advertising, or
marketing of any good or services); and (iii) any material or content
that infringes, misappropriates or violates any copyright, trademark,
patent right or other proprietary right of any third party. You shall
be solely liable for any damages resulting from any violation of the
foregoing restrictions, or any other harm resulting from your posting
of content to this Website. You acknowledge that StayAt has the right
to control (e.g. use, publish, remove) any content you submit without
notice to you. If you submit more than one review for the same hotel,
only your most recent submission is eligible for use.
StayAt's
policies with respect to claims by third parties that the content of
the Website, including the content of any Submissions, infringes the
copyrights owned by said third party can be found at Copyright
Complaint Policy.
Prepaid Hotel Reservations
You
acknowledge that StayAt pre-negotiates certain room rates with hotel
suppliers to facilitate the booking of reservations on your behalf. The
room rate displayed on the Website is a combination of the
pre-negotiated room rate for rooms reserved on your behalf by StayAt
and the facilitation fee retained by StayAt to compensate us for our
services. You authorize StayAt to book reservations for the total
reservation price, which includes the room rate displayed on the
Website, plus tax recovery charges, and service fees. You agree that
your credit card will be charged by StayAt for the total reservation
price. Upon submitting your reservation request you authorize StayAt to
facilitate hotel reservations on your behalf, including making payment
arrangements with hotel suppliers.
You acknowledge that StayAt
does not collect taxes for remittance to applicable taxing authorities.
The tax recovery charges on prepaid hotel transactions are a recovery
of the estimated transaction taxes (e.g. sales and use, occupancy, room
tax, excise tax, value added tax, etc) that StayAt pays to the hotel
supplier in connection with your hotel reservations. The hotel
suppliers invoice StayAt for tax amounts. The Hotel suppliers remit
applicable taxes to the applicable taxing jurisdictions. StayAt does
not act as co- vendors with the supplier with whom we book or reserve
our customer's travel arrangements. Taxability and the appropriate tax
rate vary greatly by location. The actual tax amounts paid by StayAt to
the hotel suppliers may vary from the tax recovery charge amounts,
depending upon the rates, taxability, etc. in effect at the time of the
actual use of the hotel by our customers. We retain our service fees as
compensation in servicing your travel reservation. Our service fees
vary based on the amount and type of hotel reservation.
CANCELLATION AND REFUND POLICY
You may cancel or change your
prepaid hotel reservation, but you will be charged the cancellation or
change fee indicated in the rules and restrictions for the hotel
reservation. In addition, if you do not cancel or change your
reservation before the cancellation policy period applicable to the
hotel you reserved, which varies by hotel (usually 24 to 72 hours)
prior to your date of arrival), you will be subject to a charge of
applicable nightly rates, tax recovery charges and service fees. In the
event you do not show for the first night of the reservation and plan
to check-in for subsequent nights in your reservation, you must confirm
the reservation changes with StayAt or its subsidiary, as appropriate,
no later than the date of the first night of the reservation to prevent
cancellation of your reservation. You must make refund requests for
no-shows or early checkouts within 60 days after checkout.
You
agree to pay any cancellation or change fees that you incur. In limited
cases, some hotels do not permit changes to or cancellations of
reservations after they are made, as indicated in the rules and
restrictions for the hotel reservation. You agree to abide by the terms
and conditions imposed with respect to your prepaid hotel reservations.
TRAVEL DESTINATIONS
Although most travel, including
travel to international destinations, is completed without incident,
travel to certain destinations may involve greater risk than others.
StayAt urges passengers to review travel prohibitions, warnings,
announcements and advisories issued by the United States Government
prior to booking travel to international destinations. Information on
conditions in various countries and the level of risk associated with
travel to particular international destinations can be found at
www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov,
www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE
TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, StayAt 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.
LIABILITY DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN
PARTICULAR, StayAt, ITS SUBSIDIARIES AND CORPORATE AFFILIATES
(COLLECTIVELY, THE "StayAt COMPANIES") AND THE AFFILIATED, CO- BRANDED
AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE
(COLLECTIVELY, "StayAt AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF,
AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES
RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE,
CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING,
WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES,
GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS
PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, StayAt EXPRESSLY
RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR
ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT,
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.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE
INTENDED AS ONLY GENERAL GUIDELINES, AND THE StayAt COMPANIES AND THE
StayAt AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE
StayAt COMPANIES, THE StayAt AFFILIATES AND THEIR RESPECTIVE SUPPLIERS
MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND
SERVICES. THE StayAt COMPANIES, THE StayAt AFFILIATES AND THEIR
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS
WEBSITE AT ANY TIME.
THE StayAt COMPANIES, THE StayAt
AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION
OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT
CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR
SERVICES BY THE StayAt COMPANIES OR THE StayAt AFFILIATES. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE StayAt COMPANIES, THE StayAt
AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND
CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE
StayAt COMPANIES, THE StayAt AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE StayAt
COMPANIES, THE StayAt AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS
PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT
CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE StayAt COMPANIES, OR THE
StayAt AFFILIATES. THE StayAt COMPANIES AND THE StayAt AFFILIATES ARE
NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY
PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM. THE StayAt COMPANIES AND THE StayAt AFFILIATES
HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY,
CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND
THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY
ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY
GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE StayAt
COMPANIES, THE StayAt AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS 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 WEBSITE OR WITH THE DELAY OR
INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT
LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY
COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE
ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY
OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN
IF THE StayAt COMPANIES, THE StayAt AFFILIATES AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If,
despite the limitation above, the StayAt Companies, the StayAt
Affiliates or their respective suppliers are 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 StayAt Companies, the StayAt
Affiliates or their respective suppliers liabilities will in no event
exceed, in the aggregate, the greater of (a) the transaction fees
assessed for your transactions on this Website, or (b) One-Hundred
Dollars (US$100.00).
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 of its essential
purpose. The limitations of liability provided in these terms inure to
the benefit of the StayAt Companies, the StayAt Affiliates, and/or
their respective suppliers.
INDEMNIFICATION
You
agree to defend and indemnify the StayAt Companies, the StayAt
Affiliates, and/or their respective suppliers and any of their
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:
(a) your breach of this
Agreement or the documents referenced herein; (b) your violation of any
law or the rights of a third party; or (c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This
Website may contain hyperlinks to websites operated by parties other
than StayAt. 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 this Website 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.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website
("Software") is the copyrighted work of StayAt, StayAt Affiliates,
and/or our respective suppliers. Your use of such Software is governed
by the terms of the end user license agreement, if any, which
accompanies, or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License
Agreement terms. For any Software made available for download on this
Website not accompanied by a License Agreement, we hereby grant to you,
the user, a limited, personal, nontransferable license to use the
Software for viewing and otherwise using this Website in accordance
with these terms and conditions and for no other purpose.
Please
note that all Software, including, without limitation, all HTML code
and Active X controls contained on this Website, is owned by the StayAt
Companies, StayAt Affiliates, and/or our respective suppliers, and is
protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited,
and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY CONVERTER
Currency
rates are based on various publicly available sources and should be
used as guidelines only. Rates are not verified as accurate, and actual
rates may vary. Currency quotes are not updated every day. Check the
date on the currency converter feature for the day that currency was
last updated. The information supplied by this application is believed
to be accurate, but the StayAt Companies, the StayAt Affiliates, and/or
our respective suppliers do not warrant or guarantee such accuracy.
When using this information for any financial purpose, we advise you to
consult a qualified professional to verify the accuracy of the currency
rates. We do not authorize the use of this information for any purpose
other than your personal use and you are expressly prohibited from the
resale, redistribution, and use of this information for commercial
purposes.
COPYRIGHT AND TRADEMARK NOTICES
All
contents of this Website are: ©2007StayAt, Inc. All rights reserved.
StayAt, Inc. is not responsible for content on websites operated by
parties other than StayAt, Inc. StayAt, StayAt.com, Click with
Confidence, Enjoy Your Trip, StayAt!Fun, StayAt Local Expert, StayAt
Travels, StayAt To Go, StayAt Travel Trendwatch, are either registered
trademarks or trademarks of StayAt, Inc. in the U.S. and/or other
countries. Other logos and product and company names mentioned herein
may be the trademarks of their respective owners.
If you are
aware of an infringement of our brand, please let us know by e-mailing
us at support@StayAt.com. We only address messages concerning brand
infringement at this email address.
CLAIMS OF COPYRIGHT INFRINGEMENT
If
you believe in good faith that materials hosted by us infringe your
copyright, please click here for additional information: Copyright
Complaint Policy.
GENERAL
This Website is operated
by a U.S. entity and this Agreement is governed by the laws of the
State of California, USA. You hereby consent to the exclusive
jurisdiction and venue of courts in Sacramento County, California, USA,
in all disputes arising out of or relating to the use of this Website.
Use of this Website is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including,
without limitation, this paragraph.
You agree that no joint
venture, partnership, or employment relationship exists between you and
the StayAt Companies as a result of this Agreement or use of this
Website.
Our performance of this Agreement is subject to
existing laws and legal process, and nothing contained in this
Agreement limits our right to comply with law enforcement or other
governmental or legal requests or requirements relating to your use of
this Website or information provided to or gathered by us with respect
to such use. To the extent allowed by applicable law, you agree that
you will bring any claim or cause of action arising from or relating to
your access or use of this Website within two (2) years from the date
on which such claim or action arose or accrued or such claim or cause
of action will be irrevocably waived.
If any part of this
Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and Agreement shall continue in effect.
This
Agreement (and any other terms and conditions referenced herein)
constitutes the entire agreement between you and StayAt with respect to
this Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written,
between the customer and StayAt with respect to this Website. A printed
version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
Fictitious names of
companies, products, people, characters, and/or data mentioned on this
Website are not intended to represent any real individual, company,
product, or event.
Any rights not expressly granted herein are reserved.
SELLER OF TRAVEL
StayAt is a registered seller of travel in each of the states listed below:
California registration number: 2029030-40
Nevada registration number: 2002-0758
Registration as a seller of travel in California does not constitute the state's approval.
You
may be eligible for payment from the Recovery Fund if you have paid
money to a seller of travel registered in Nevada for the purchase of
travel services or a vacation certificate and you have suffered certain
financial damages as a result of the transaction. Please click here for
additional information: Recovery Fund Contact Information.