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iStayHotels.com

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Wed, 23 Jul 2008 |
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Terms of Use

iStay Web Site - Terms, Conditions, And Notices

 

 

Agreement between customer and iStay.com.


This Web site is offered to you, the customer, by TravelCLICK Inc., 300 North Martingale, Schaumburg, Illinois, 60173, USA., conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorised to use this Web site

 

 

Personal and non-commercial use limitation

This Web site is for your personal and non-commercial use. The content and information on this Web site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to TravelCLICK Inc. or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Web site, you agree not to 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 this Web site. In addition, whether or not you have a commercial purpose, you agree not to:

 

(i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of TravelCLICK Inc.;


(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;


(iii) take any action that imposes, or may impose, in the discretion of TravelCLICK Inc., an unreasonable or disproportionately large load on the TravelCLICK Inc. infrastructure; or


(iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of TravelCLICK Inc.

 

 

Copyright and trademark notices

All contents of this Web site are: Copyright © 2000 - 2005 TravelCLICK Inc. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on this site are incorporated for viewing purposes only and may not be saved or downloaded in any format.

 

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, TRAVELCLICK INC. AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. ANY HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND TRAVELCLICK INC. AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAVELCLICK INC. ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

TRAVELCLICK INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TRAVELCLICK INC. OR ITS AFFILIATES. TRAVELCLICK INC. SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEB SITE.

TRAVELCLICK INC., ITS AFFILIATES, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, AND CONDITIONS, OF SUITABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR TRAVELCLICK INC. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELCLICK INC. OR ITS AFFILIATES. TRAVELCLICK INC. AND ITS 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. TRAVELCLICK INC. AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL TRAVELCLICK INC., ITS AFFILIATES AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVELCLICK INC., ITS AFFILIATES, AND/OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. TRAVELCLICK INC., ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

IMPORTANT:THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

 

Indemnification

You agree to defend and indemnify TravelCLICK Inc., its 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 these Web Site Terms, Conditions and Notices or the documents referenced herein;


(b) your violation of any law or the rights of a third party; or


(c) your use of this Web site.

 

 

Links to third-party sites

This Web site may contain hyperlinks to Web sites operated by parties other than TravelCLICK Inc. Such hyperlinks are provided for your reference only. TravelCLICK Inc. does not control such Web sites and is not responsible for their contents or your use of them. TravelCLICK Inc.'s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

 

 

Modification of these terms and conditions

TravelCLICK Inc. reserves the right to change the terms, conditions, and notices under which this Web site is offered.

 

 

No unlawful or prohibited use

As a condition of your use of this Web site, you warrant to TravelCLICK Inc. that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

 

General

This agreement is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

TravelCLICK Inc. may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TravelCLICK Inc. as a result of this agreement or use of this Web site.

TravelCLICK Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TravelCLICK Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by TravelCLICK Inc. with respect to such use.

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 the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between, you, the customer and TravelCLICK Inc. with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TravelCLICK Inc. with respect to this Web site. 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 herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

 

 

Use of iStay.com

iStay.com is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors (under 18 years old) living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that overuse or abuse of the travel services reservation facilities of the Web site may result in you being denied access to such facilities.

 

 

 

Privacy Statement

 

Data Protection and Privacy Policy for iStay.com

 

1. Please find below our privacy policy for the iStay.com site which shall be deemed to be incorporated into these terms and conditions. We are TravelCLICK Inc, (trading as 'iStay.com') and our registered address is 300 North Martingale, Schaumburg, Illinois, USA. iStay.com takes the privacy of its customers data very seriously. Please read the following policy to understand how we will treat your personal data after it has been collected by us through your use of one of our distribution channels. Those distribution channels will include our website, and other channels as they evolve. If this policy changes then we will let you know via our homepage but we assure you that we only use your data as specified here and for our legitimate business reasons.


2. When do we collect data?

We can collect data on you from a variety of different sources these include.

  1. When you purchase products or services from the site or via any of our other distribution channels.
  2. When you become a subscriber;
  3. Via explicit data capture measures, for example by entering competitions and completing surveys;
  4. Via implicit data capture measures such as studying which pages you read the most and the use of cookies.


In any of the above cases the data we collect could be personal data.

 

3. What do we do with your personal information?

When you buy anything via the site or give us any personal data as indicated above, we may need to collect information about you to process the transaction, fulfil your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your credit card details.


4. Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.


5. By becoming a subscriber you consent to receive from us by e-mail our e-newsletter and details of other special offers which we may think may be of interest to you.


6. iStay.com retains and uses your personal information to provide you with the best remote commerce (including electronic and mobile commerce) experience by providing you with a personalised service and to give you details of offers which we think will be of interest to you. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. For quality assurance and training reasons we record most of the calls you make to us.


7. We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.


8. For any of the above purposes we may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK.


9. Cookies

Each web site owned and operated by TravelCLICK Inc. uses cookies. A cookie is a small text file of which there are three types:

  • Session cookies: These are used to maintain something called session state. If you consider your journey through the site to be a conversation with us and this cookie just reminds the site where we were in that conversation (for instance if at some point in the conversation you asked us to add a hotel to your basket, next time you click on the basket it is still there). These are required for the site to function but are not used in any way to identify you personally.
  • Permanent cookies: These store a few numbers on your hard drive. You can view them by looking in the cookies directory of your browser installation if you are interested. They last for a long time and each time you come to our site you send us a copy of them. We use them to identify you between visits. For instance if you were looking at hotels in London last time you were on the site and we have a great hotel deal we may use this cookie to recognise you and show you our great deal. They are not required for the site to work but may enhance your experience. We do not store any personal data in these cookies, just a unique number that identifies you to us.
  • Third Party Cookies: We may, from time to time, carry advertising from third parties on our site. Occasionally they may send you a cookie. We have no control over these.
Although you cannot block "session" cookies as they are required for our site to function correctly you can configure your internet browser so that it can reject both "permanent" and "third party" cookies. How you do this will depend upon the internet browser you use (for example, Internet Explorer 5, Netscape 4 or Opera etc) and it is therefore impractical for us to detail here how you can reject those cookies. Please refer to the relevant internet browser manufacturer's website where you should be able to receive all the information you need."

 


10. Data
In the UK we operate and are registered in accordance with applicable data protection legislation.

 

11. Consent

By disclosing your personal information to us using this website or over the telephone, you consent to the collection, storage and processing of your personal information by iStay.com in the manner set out in this Privacy Policy. Some information and e-mails sent to iStay.com may be used as testimonials but no e-mail address or contact details will be displayed.

 

12. Opt-Out Policy
iStayHotels.com Newsletter subscribers have the option to opt-out of receiving further information from us. Click here to unsubscribe.


13. Contact
If you have any questions or concerns about the information we hold about you, you can also contact us.

 





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