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Terms of Service

Thank you for shopping at Vacationist.com. Vacationist.com (the "Site") is website that is hosted and managed by Luxury Link, LLC ("Vacationist" or "Vacationist.com" or "we," "us," "our" and similar references). ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

1. DESCRIPTION OF SERVICES

Vacationist.com provides users with access to sales of travel online (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.

2. USE OF THE SITE

You may use the Site only in accordance with and subject to these Terms of Service and the Site's Privacy Policy (the "Privacy Policy") (available at http://www.vacationist.com/privacypolicy/). You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Vacationist.com or others.

As a condition of your use of this Site, you warrant that (a) you are at least 18 years of age; (b) you will use this Site in accordance with this Agreement; (c) you possess the legal authority to create a binding legal obligation; (d) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act; (e) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (f) you will provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form; (g) you may not have more than one active account; (h) you may not sell, trade or otherwise transfer your account to another party.

3. PROHIBITED ACTIVIES

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Site to:

  • (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
  • (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
  • (c) obtain unauthorized access to any computer system;
  • (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Vacationist.com;
  • (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
  • (f) misrepresent the identity of a user or use a false e-mail address;
  • (g) tamper with or obtain access to this Site or any component of this Site;
  • (h) conduct fraudulent activities; or
  • (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

4. PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at http://www.vacationist.com/privacypolicy/.

5. ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions will apply to your purchase of goods and services that you select. Please read these additional terms and conditions carefully.

You agree to abide by the terms and conditions of purchase imposed by any travel 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, minimum age, maximum occupancy, pet policies, child policies and use of fares, products, or services. You agree 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.

You are responsible for passports, visas, health requirements and travel insurance. Vacationist.com is not responsible for researching or obtaining passport, visa or health requirements. You are fully accountable for obtaining all documents and immunizations necessary to complete your travel. Keep in mind that requirements often vary for citizens of different countries.

A credit card may be required upon check-in to cover any incidental room charges or for security purposes. The amenities, activities and features that the Site describes may be subject to additional charges, availability or seasonality.

6. PREPAID HOTEL RESERVATIONS

You acknowledge that Vacationist.com pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Site is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Vacationist.com and the facilitation fee retained by Vacationist.com to compensate us for our services. You authorize Vacationist.com to book reservations for the total reservation price, which includes the room rate displayed on the Site, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Vacationist.com for the total reservation price. Upon submitting your reservation request you authorize Vacationist.com to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that Vacationist.com 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 Vacationist.com pays to the hotel supplier in connection with your hotel reservations. The Hotel suppliers remit applicable taxes to the applicable taxing jurisdictions. Vacationist.com 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 Vacationist.com 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.

7. INDEMNIFICATION

By using this Site, you agree to indemnify, hold harmless, and defend Vacationist.com and Luxury Link, its parent companies, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (a) your use or misuse of the Site; (b) a dispute with a Member; (c) your breach of the Terms of Service; (d) your violation of any law or the rights of a third party; or (e) your Member Content. You agree to cooperate as fully as reasonably required in the defense of any claim.

8. LINKS TO THIRD PARTY SITES

This Site may contain links to websites operated by parties other than Vacationist.com. Such links 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. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

9. DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY VACATIONIST.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VACATIONIST.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VACATIONIST.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VACATIONIST.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SITE�S SERVERS; OR E-MAIL SENT FROM VACATIONIST.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VACATIONIST.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

If, despite the limitation above, Vacationist.com, its 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 liability of Vacationist.com, the affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Vacationist.com in connection with such transaction(s) on this Site, or (b) 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 of its essential purpose.

10. MODIFICATION AND NOTIFICATION OF CHANGES

Vacationist.com may modify this Agreement at any time in its sole discretion. If Vacationist.com makes a material change to this Agreement, a "change of terms" notice will be posted on the Site. Vacationist.com will use reasonable efforts to notify you by email at the email address on file for your account. If any modification is unacceptable to you, you agree that your only recourse is to terminate your use of any of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms use, an email notice to you, or a new Agreement on the Site will constitute your binding acceptance of the change.

11. COPYRIGHT AND TRADEMARK NOTICES

All contents of this Site are either: © 2010 Luxury Link, LLC or © 2010 American Express Publishing Corporation. All rights reserved. Neither Luxury Link nor AEP is responsible for content on websites operated by parties other than Vacationist.com. Vacationist and Vacationist.com logo are registered trademarks of Luxury Link 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 [email protected].

12. CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  • A clear identification of the copyrighted work you claim was infringed.
  • A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the site, such as a link to the infringing material.
  • Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  • A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Site should be sent by email to customerserv[email protected] or by mail to the following address, or you may contact us by phone at the number below:

  • Vacationist.com
  • Attn: IP/Trademark Counsel
  • 5570 Lincoln Blvd.
  • Los Angeles, CA
  • 90094

13. SELLER OF TRAVEL

Below is the information for Luxury Link's registered sales license.

State of California
Seller of Travel
Registration No: 2056321-40

Registration as a seller of travel does not constitute approval by the State of California. Luxury Link is a participant in the travel Consumer Restitution Corporation (TCRC).