Terms and Conditions

 

Last Modified: April 1, 2017

 

1.  Terms

 

These terms and conditions are entered into between you and UniqueHolidays+Cruises, LLC (hereinafter referred to as “UHC,” “we,” “us,” or “our”). The following terms and conditions (the “Terms and Conditions”) govern your access to and use of this website, including any content, functionality and services offered on or through the website (the “Website”). Please read these Terms and Conditions carefully before you start to use the Website. By accessing this Website, you are accepting and agreeing to be bound by these Terms and Conditions and our Privacy Policy, found at www.uniqueholidaysncruises.com/privacy-policy, and incorporated herein by reference. If you do not agree with these Terms and Conditions or the Privacy Policy you are prohibited from using or accessing the Website. UHC may, in its sole discretion, and at any time modify, update, or revise these Terms and Conditions. All changes are effective immediately when we post them to the Website and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law section of these Terms and Conditions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. We recommend you periodically review the Terms and Conditions for changes. Your continued use of the Website after changes are posted constitutes your continued agreement to the then-current Terms and Conditions.

 

2.  Age and Responsibility

 

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Website and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements you must not access or use the Website. You are responsible (financially and otherwise) for all uses of this Website by you and those using this Website using your information. The information you supply via the Website will be accurate and not misleading. You agree that the travel service reservations facilities of this Website shall be used only to make legitimate reservations or reservation requests for you or another person for whom you are legally authorized to act.

 

3.  Registration Policy

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Website is governed by our Privacy Policy located at www.uniqueholidaysncruises.com/privacy-policy. When you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms and Conditions.

 

4.  Electronic Communications

 

By visiting the Website or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us you may do so by contacting us at 855.532.7775 or by using the unsubscribe functions at the bottom of our electronic communications.

 

5.  Use License (User Agreement)

 

UHC grants you a limited, non-transferable, revocable license to access and make personal use of the Website in accordance with these Terms and Conditions. You may only use this Website to make legitimate travel related requests and shall not use this Website for any other purpose. This is the grant of a license, not a transfer of title, and under this license you may not:

 

• make any fraudulent, speculative or false inquiries, bookings, reservations or requests using this Website;
• use another’s name, ID or email address without permission;
• use or authorize or permit any third party to use on your behalf any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to modify or copy any of the web pages, data, materials or content in any case without the prior written consent of UHC;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• tamper with, hinder the operation of or make unauthorized modifications, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile or dissemble any aspect of our Website;
• remove any copyright or other proprietary notations from the materials;
• transfer the materials to another person or “mirror” the materials on any other server;
• post or transmit to or via the Website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
• delete data from the Website without our permission;
• knowingly transmit any virus or other disabling feature to the Website;
• breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in using this Website;
• frame this Website as part of another site or cache this Website for commercial benefit;
• attempt to do any of the above acts; or
• knowingly permit another person to do any of the above acts.

 

You must use this Website in a responsible and co-operative manner. This license shall automatically terminate if you violate any of these restrictions and may be terminated by UHC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Any breach of this User Agreement by you may result in legal action taken by UHC against you.

 

6.  Prohibited Uses

 

You agree that you will not use the Website for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website. You agree that you are responsible for your own conduct while using the Website and for any consequences thereof. You agree that UHC shall decide, in its sole discretion, if your conduct violates any aspect of these Terms and Conditions and that UHC may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Website and/or cancellation of any services.

 

7.  Pricing and Travel Services

 

Any and all travel products and services described on the Website are subject to availability. Special conditions may apply to any prices set out on the Website. To determine such conditions, you must contact UHC or the relevant merchant (a “Supplier” or “Suppliers”). In addition to the prices set out in the Website, you may be required to pay certain taxes, government fees and other charges payable on the hotel room, cruise cabin, tour, vacation rental or car rental. You must pay for any travel services booked by you and confirmed by UHC at the time of booking, unless otherwise agreed upon by UHC in writing. Failure to pay at the time of booking may result in cancellation of the booking. UHC accepts no responsibility for loss incurred due to cancellation in these circumstances.

 

Special travel deals are available for a limited time. You must check with UHC whether a travel deal displayed on the Website is still available. There may be particular terms and conditions that apply to these deals. You must contact UHC or the Supplier of the travel special to determine whether any particular terms and conditions apply.

 

If for any reason any Supplier is unable to provide the services for which you have contracted, your remedy lies against that Supplier and not against UHC. In the event UHC received payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from UHC.

 

It should be noted that all documents issued to travelers are nontransferable. Such documents may include, but are not limited to, airline tickets, hotel vouchers, tour vouchers or any other document used to confirm an arrangement with a Supplier. Such documents may also be subject to conditions such as, but are not limited to, being nonrefundable, non-date changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions.

 

The details of the prices, packages, tours, airfare, hotel rooms, cruise cabins, vacation rentals and other information displayed on the Website are subject to change without notice.

 

All prices listed on this Website are for online queries only.

 

You are responsible for obtaining all passports, visa and health information required.

 

8.  Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. UHC has no control over the sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UHC of the site. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

 

9.  Intellectual Property Rights

 

The trademarks, service marks, trade names, logos, and trade dress on and copyrights to the content of this Website are the property of UHC or its content suppliers and protected by law, including, but not limited to, copyright and trademark law, as well as other state, national and international laws and regulations. Nothing in this Website grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Website without prior written permission of UHC. Your use or misuse of any intellectual property displayed on or used in connection with this Website, or any other content on this Website, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Website for any purpose other than your own personal use.

 

We welcome any comments you may have regarding the Website, its products and services. Any such comments or content you submit to us, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of UHC, even if these Terms and Conditions or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submissions you make, including its legality, reliability, appropriateness, originality, and copyright.

 

10.  Infringement Claims

 

Infringement Notification Procedure. If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Website infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Such information should be sent to PO Box 1163, Tolland, CT 08064-1163. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

 

Counternotice. If you have had your content removed under the above take-down procedure and believe that the content is not infringing, you may send a counternotice to PO Box 1163, Tolland, Connecticut 08064-1163, containing the following information:

 

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counternotice is received by UHC, UHC may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at UHC’s sole discretion.

 

11.  Linking to the Website and Social Media Features

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

This Website may provide certain social media features that enable you to:

 

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

 

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

12.  Disclaimer/Limitations

 

You agree that the information provided by UHC on or through the Website (including any products, graphics, software, recommendations or other materials) and any materials or products made available through this Website are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, UHC disclaims and negates all warranties, express and implied, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement of intellectual property or other violation of rights.

 

UHC does not warrant or make any representations concerning the use, the accuracy, or the results or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this Website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. UHC undertakes no obligation to verify or maintain the currency of such information.

 

UHC makes no warranty that (i) the operation of the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You (and not UHC) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website. You hereby agree to hold harmless and indemnify UHC, and its subsidiaries, affiliates, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and expenses (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, or demand brought against UHC arising out of (a) any breach of or violation of these Terms and Conditions; (b) any information you submit, share, or upload on or to the Website; and/or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. UHC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

IN NO EVENT WILL UHC, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

ALL SUPPLIERS (HOTELS, CRUISE LINES, AIRLINE CARRIERS, ETC.) PROVIDING TRAVEL AND/OR TRAVEL-RELATED SERVICES TO US ARE INDEPENDENT CONTRACTORS, NOT OUR AFFILIATED OR AGENTS. WE ARE NOT LIABLE FOR THE ACTIONS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, BREACH OF CONTRACT, PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR ANY OTHER DAMAGES OR EXPENSES RESULTING FROM SUPPLIERS. WE HAVE NO LIABILITY AND WILL NOT REFUND DUE TO AN EVENT DUE TO DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, TERRORISM AND ANY OTHER CAUSES THAT ARE BEYOND OUR DIRECT CONTROL. WE HAVE NO CONTROL AND ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, DELAYS, OMISSIONS, RE-ROUTING, OR OF ACTS OF INTERFERENCE BY THE GOVERNMENT OR LEGAL AUTHORITIES.

 

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

13.  Indemnification

 

You agree to defend, indemnify and hold harmless UHC, its affiliates, licensors and services providers, and any third-party suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) ) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

 

14.  Governing Law

 

These Terms and Conditions are governed by the laws of the State of Connecticut, United States of America, without regard to its conflict of law provisions.

 

15.  Waiver and Severability

 

No waiver by UHC of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of UHC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

16.  Your Comments and Concerns

 

This Website is operated by UniqueHolidays+Cruises, LLC. All feedback, comments and other communications relating to the Website should be directed to Webmaster, PO Box 1163, Tolland, CT 06084-1163.

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