Viaggio Terms
and Conditions of Use
Effective as of July 22nd, 2021
Last updated: October 31st, 2023
Welcome to www.viaggio.com (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. The Website is owned and operated by Diamond Hart Properties Inc. dba Viaggio
(“Viaggio”, “we”, “us”, “our”).
1. LEGAL AGREEMENT
1.1. Acceptance of Our Terms. Please read these Terms and Conditions of Use (the “Terms”)
carefully before accessing or using the Website. These Terms apply to all users
of our services, including customers that visit the Website and/or book a reservation
through us on this Website (“you” or “your”). By registering for
an account, accessing or using this Website, booking any reservations for
travel products or services on this Website, or otherwise accessing or using
any of our services, including all associated features, functionalities,
websites, mobile sites, user interfaces, and any content and software
applications associated with our services (collectively, the “Services”),
you acknowledge that you have read, understood, and agree to be bound by the
Terms and any other policies referenced herein or made available by hyperlink,
including our Privacy Policy.
If you do not agree with (or cannot
comply with) these Terms, then you may not use our Services.
1.2. Personal Information. You acknowledge and agree that by providing Viaggio with your personal
information, you consent to the collection, use, and disclosure of such
information in accordance with our Privacy Policy and for the purposes
identified to you at the time you provide the personal information. To view our
Privacy Policy, please visit the following hyperlink: https://viaggio.com/index.php/privacy-cookie-policy.
1.3. Changes to the Services and these Terms. The Services and these Terms may be
modified from time to time. When we make material changes to these Terms, we
will provide you with notice as appropriate under the circumstances (e.g. by
displaying a prominent notice on our Website or by sending you an email). Your
continued use of the Services after the changes have been made will constitute
your acceptance of the changes. If you do not wish to continue using the
Services under the new version of these Terms, you may
cease use of the Services. Unless explicitly stated otherwise, any new or
additional features that Viaggio chooses to provide that augment or enhance the
current Services, including the release of new products and services, will be
subject to these Terms.
1.4. Use of the Website. As a condition
of your use of this Website, you represent and warrant that: (i) you have
reached the age of majority in your province or territory of residence; (ii)
you possess the legal authority to create a binding legal obligation; (iii) you
will use this Website in accordance with these Terms; (iv) if you make a
reservation, 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) you
will inform such other persons about the Terms that apply to the reservations
you have made on their behalf, including all rules and restrictions applicable
thereto; and (vi) all information supplied by you on this Website, including
through your account, is true, accurate, current, and complete.
2. YOUR ACCOUNT
2.1. Account Information. To access certain Services, you may be required to create an account
on our Website. You are responsible for ensuring the accuracy of the
information in your account, including updating your information as necessary.
Any personal information you provide in connection with your account will be
retained, used, and disclosed in accordance with our Privacy Policy. You may
terminate your account at any time by contacting us as set out in Section 19.7.
2.2. Account Eligibility. By registering for an account, you are representing and warranting that
you will access and use the Services solely in accordance with, and for the
purposes consistent with, these Terms. Only one person may use an account; two or more people may not share an
account.
2.3. Account Security. All activity conducted in connection with your account will be your
responsibility, as you are deemed to be in sole possession and control of the
confidential password necessary to access your account. Your password protects
your account, and you are solely responsible for keeping your password
confidential and secure. You understand that you are responsible for all use
(including any unauthorized use) of your username and password. If your
username or password is lost or stolen, or if you believe there has been
unauthorized access to your account by a third party, you must notify us
immediately and change your password as soon as possible.
2.4. Suspension or Termination of your
Account. Without limiting any other remedies
available to Viaggio, we may suspend or terminate your account, at any time,
with or without notice to you, if we suspect that you are not compliant with
these Terms. If we terminate your account, you will have no further access to
your account or anything within the Services associated with it, and you may
not create a new account or access the Services except with our express
permission.
3. PROHIBITED ACTIVITIES
3.1. While you may make limited copies of
your travel itinerary (and related documents) for travel or service
reservations booked through this Website, you agree not to otherwise modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, sell, or re-sell the Services or any
information, software, or products obtained from or through this Website.
Additionally, you agree not to:
(a) use this Website or the Viaggio Content
(as defined in Section 9) for any commercial purpose;
(b) make any speculative, false, or
fraudulent reservation (including fraud committed using a payment card or use
an incorrect or abbreviated name for booking), or any reservation in
anticipation of reselling the reservation;
(c) access, monitor, or copy any Viaggio Content
or information of this Website using any robot, spider, scraper, other
automated means, or any manual process, for any purpose without our express
written permission;
(d) 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;
(e) take any action that imposes, or may
impose, in our discretion, an unreasonable or disproportionately large load on
our system;
(f) 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;
(g) “frame”, “mirror”, or otherwise
incorporate any part of this Website into any other website without our prior
written authorization;
(h) post or transmit any material or content
on or through the Website that: (i) is unlawful, threatening, libelous,
defamatory, obscene, or pornographic; (ii) would violate any copyright,
trademark, patent right, or other proprietary right of any third party rights;
or (iii) would violate any laws;
(i) post or
transmit any commercial material or content on or through the Website
(including, but not limited to, solicitation of funds, advertising, or
marketing of any goods or services);
(j) use this
Website or the Services for anything but individual travel (i.e., travel for
business is not permitted); or
(k) share, transfer, or sublet any part of
any reservation made through your account.
3.2. It is your responsibility to ensure that
all bookings made through your account, and all reservation details on your
voucher (e.g., hotel address, information, city, your full name, passport
nationality, etc.) are correct. If your booking or account shows signs of
fraud, abuse, or suspicious activity, Viaggio may cancel any travel or service
reservations associated with your name, email address, or account, and close
any associated Viaggio accounts. If you have conducted any fraudulent activity,
Viaggio reserves the right to take any necessary legal action and you may be
liable for monetary losses to Viaggio, including litigation costs and damages.
To contest the cancellation of a booking, or the freezing or closure of an
account, please contact us as set out in Section 19.7 below.
4. SUPPLIER RULES AND RESTRICTIONS
4.1. Supplier Terms and Conditions. Each supplier has additional terms and
conditions that will apply to your reservation and any purchase of travel-related
goods and services that you select (“Supplier Terms and Conditions”).
Please read the Supplier Terms and Conditions carefully. You agree to abide by
the Supplier Terms and Conditions 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 (e.g., check-in requirements,
cancellations, no-shows, amendments, and re-booking of reservations).
For greater certainty, Viaggio
will not be liable for any costs, damages or losses resulting from your failure
to abide by the Supplier Terms and Conditions. For example, a hotel may require
you to check-in by a certain time and failure to do so may result in a resale
of your hotel room to another hotel guest. You should always inform the hotel of
a late check-in and an early checkout.
4.2. Viaggio’s Right to Cancel Your Booking. We reserve the right to cancel your
booking if full payment is not received when due. Some hotel suppliers may
require you to present a credit card or cash deposit upon check-in to cover
additional expenses during your stay. Such deposit is unrelated to any payment
received by Viaggio for your hotel booking with the supplier, and you take full
responsibility and liability for any losses, damages, or incidental charges that
arise with respect to your hotel stay (e.g., damage to the room, missing towels
or bathrobes, air conditioning charges, rental television charges, and mini
fridge charges), which may be directly chargeable by and payable to the hotel.
4.3. Liability Waivers. 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.
4.4. Special Booking Conditions. You agree that it is your sole
responsibility to ensure that the room type booked is suitable for the number
of people travelling in your party. If there are more people travelling than
booked, the applicable supplier (e.g., hotel) may have the right to reject your
booking without a refund. Further, you may require certain special conditions
as part of your travel plans or hotel stay, including but not limited to, the
requirement for a cot or crib, a specific room type, or a smoking preference. Any
such special condition must be specified at the time of booking or by e-mailing
the applicable service or hotel provider. Viaggio does not and cannot guarantee
the fulfillment of these special conditions, which are ultimately controlled by
the applicable supplier (e.g., hotel) with whom you are booking. We recommend
that you confirm the hotel’s receipt of your special conditions closer to the
commencement of your travel plans, as the fulfillment of the conditions will be
subject to the hotel’s availability and potential charges at your sole cost and
expense.
Whenever the applicable
service or hotel provider gives us information about a change to your
itinerary, we will attempt to notify you. Notwithstanding our efforts, you
agree to: (i) waive any and all claims against Viaggio with respect to the
quality, timing, fulfillment, and performance of these special conditions, and
(ii) pay all charges, fees, and taxes associated with such a request.
4.5. Supplier’s Other Charges. A travel provider (e.g., hotel) may
further charge the credit card or method of payment used to make your booking
under certain circumstances. For example, a hotel may require a ‘resort fee’
that must be paid to the hotel directly and may be charged per night of your
stay. Where possible, such fees or charges will be itemized in your booking
voucher.
5. SORT ORDER
5.1. Our default sort order reflects the
relevance of properties to your search criteria, as we want to make sure you
are able to quickly and easily find the offer that is right for you. The sort
order may change from time to time depending on the factors that Viaggio
determines to be most relevant. The compensation which a property pays us for
bookings made through our Website is also a factor for the relative ranking of
properties with similar offers. Additionally,
we continually optimize our Services to provide you with the best experience.
Accordingly, we may test different default sort order algorithms from time to
time.
6. HOTEL RESERVATIONS
6.1. Reservation Fees. You acknowledge that Viaggio
pre-negotiates certain room rates with hotel suppliers to facilitate the
booking of reservations. You also acknowledge that Viaggio provides you the Services
by facilitating such booking of reservations for a fee (the “facilitation
fee”). The room rate displayed on the Website is a combination of the
pre-negotiated room rate for rooms reserved on your behalf by Viaggio and the
facilitation fee retained by Viaggio for our Services. You authorize Viaggio to
facilitate reservations for the total reservation price, which includes the
room rate displayed on the Website, plus any tax recovery charges, service
fees, and where applicable, taxes on Viaggio’s services. You agree that your
credit card will be charged by Viaggio for the total reservation price. Upon
submitting your reservation request you authorize Viaggio to facilitate hotel
reservations on your behalf, including making payment arrangements with hotel
suppliers.
6.2. Taxes. Sales, use, and/or local hotel occupancy taxes are
imposed on the amounts that we charge for our services (facilitation fee and/or
service fee) in certain jurisdictions. You acknowledge and agree that you are
fully responsible for the payment of all taxes applicable to your reservation,
including any taxes that a hotel supplier may impose on or related to your stay
at check-out or thereafter. You further acknowledge that except as provided in
this section with respect to tax obligations on the amounts we retain for our Services,
Viaggio does not collect taxes for remittance to applicable taxing authorities.
For customers whose usual place of residence is in Quebec, we collect Quebec
Sales Tax (“QST”) on the amounts that we retain for our Services. The
tax recovery charges on prepaid hotel transactions are a recovery of the
estimated taxes (e.g., sales and use, occupancy, room tax, excise tax, value
added tax, city-imposed tax, etc.) that Viaggio pays to the hotel supplier for
taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice Viaggio
for certain charges, including tax amounts. The hotel suppliers are responsible
for remitting applicable taxes to the applicable taxing jurisdictions. Viaggio does
not act as a co-vendor with the supplier with whom we book or reserve our
customers’ travel arrangements. Taxability and the appropriate tax rate vary
greatly by location. The actual tax amounts paid by Viaggio 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. Facilitation fees retained by Viaggio for our Services vary
based on the amount and type of hotel reservation.
6.3. Reservation Cancellations, No-shows or
Changes and Amendments. Each hotel property sets its own change, no-show, or cancellation
policy, which should be shown to you on the booking platform at the time of
booking or within your booking voucher. These policies may vary during any
special events period (e.g., New Years, Christmas, etc.), and any variation in
policy will be provided to you at the time of booking.
If you cancel or change
your hotel reservation you will be charged the cancellation or change fee
indicated in the rules and restrictions for that hotel reservation. 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.
Changes in the form of
amendments to your booking are prohibited. If you require an amendment to your
booking, you will need to cancel and re-book your hotel reservation. You
acknowledge and agree that in the case where you cancel and re-book a hotel
reservation, then by the time you look to re-book your hotel reservation, the
hotel originally booked may no longer be available during the period of your
planned travel dates. If the hotel is still available by the time of
re-booking, the rates may have increased and you will be required to pay these
increased rates as shown on our platform.
In the case where your
hotel is closed or overbooked, or a hotel cannot otherwise provide the room(s)
booked, the hotel or applicable service provider and not Viaggio will be
responsible for finding alternate an accommodation according to that hotel’s or
service provider’s policy.
6.4. Group Bookings. Except as otherwise set out in the
Supplier Terms and Conditions, you may not book reservations for more than five
(5) rooms or nine (9) persons online for the same hotel/stay dates. If we
determine that you have booked reservations for more than five (5) rooms or
nine (9) persons in total in separate reservations, we may cancel your
reservations, and charge you a cancellation fee, if applicable. If you paid a
non-refundable deposit, your deposit will be forfeited. If you wish to book
reservations for six (6) or more rooms or ten (10) or more persons in total,
you must contact Viaggio’s group travel specialists by phone or by filling out
the group travel form online. One of our group travel specialists will research
your request and contact you as to whether it can complete your reservation.
You may be asked to sign a written contract and/or pay a non-refundable
deposit.
6.5. Duplicate Bookings. You may not create, and we cannot
guarantee the confirmation of, duplicate bookings made on our Website. If we
suspect or detect any duplicate bookings, we have the right to cancel such
bookings at any time. Even if we do not cancel the booking, the applicable
travel supplier (e.g., hotel) may not agree to confirm your booking or may
reject your stay.
6.6. Complaints. Viaggio is committed to providing
high-quality customer service so that our guests can have a positive travel and
booking experience. Unless otherwise specified in the Supplier Terms and
Conditions, if you have a complaint or concern about any aspect of your booking
or hotel stay, please inform our customer service team immediately, but in no
event later than ten (10) days after your booking, using the contact
information provided under Section 19.7. Our team will make every effort to
resolve the issue as quickly and fairly as we can; however, many concerns and
complaints may be outside the realm of our reasonable control. You acknowledge
that the Supplier Terms and Conditions or Third Party Application terms and
conditions may have control over the handling of any complaint. If you are
dissatisfied with the resolution of your complaint through Viaggio, you may
escalate your complaint to the applicable hotel in which you stayed. We value
your feedback and will treat all complaints with confidentiality (where
possible) and respect.
7. PAY NOW OR LATER
7.1. With certain hotels, you may be
presented with the option to pay online at the time of making the reservation
or pay later at the hotel. If you select the “Pay Online Now” option, Viaggio
will charge the amount shown to your credit card immediately. If you select “Pay
Later at Hotel”, unless otherwise specified in the Supplier Terms and
Conditions, the hotel will charge your credit card in the local currency at the
time of your stay. Tax rates and foreign exchange rates could change in the
time between booking and stay. Your credit card provider may also charge a
foreign currency conversion fee. Viaggio coupons may only be applied to “Pay
Online Now” bookings.
7.2. If you are a business traveller and you
require a tax invoice, we recommend that you book using the Pay Later at Hotel
option (where available). Reservations
made using the Pay Online Now option (where available), will not receive a tax
invoice in respect of the reservation. If you book using the Pay Later at Hotel
option, you should receive a tax invoice from the hotel at the time of payment.
8. INTERNATIONAL TRAVEL
8.1. Foreign Entry Requirements and Travel
Documents. You are
responsible for ensuring that you meet all foreign entry requirements and that
your travel documents, and those of all companions on the same reservation, such
as passports and visas (transit, business, tourist, and otherwise), are in
order and any other foreign entry requirements are met. Up-to-date information
regarding passports and visas is available from the relevant Embassy or
Consulate. Viaggio has no special knowledge regarding foreign entry
requirements or travel documents. Requirements may change without notice and we
recommend you check for up-to-date information before booking and again before departure.
We urge customers to review travel prohibitions, warnings, announcements, and
advisories issued by the relevant governments prior to booking travel to
international destinations. We accept no liability if you are refused entry
onto a flight or into any country due to your failure to carry the correct and
adequate passport, visa, or other travel documents required by any airline,
authority, or country, including countries you may just be transiting through.
This includes all stops made by the aircraft, even if you do not leave the
aircraft or airport. If Viaggio suspects or discovers your breach of applicable
laws, including a breach or failure to fulfill any foreign entry requirements,
Viaggio may terminate your account or booking without providing any refund or
compensation of any kind.
8.2. Minors. Prior to arranging any travel services, Viaggio may require you to verify
the age of any minors that will accompany you during your travel experience. You
may not allow a child to travel alone and you may not travel with or arrange
any travel for a child who you do not have authority to act on behalf of or do
not have legal capacity over, unless you provide us with documentary written
consent from the applicable parent or legal guardian. Whether or not you
arranged to travel with a minor, where you are accompanied by or in contact
with any minors during your travel experience, you must ensure the safety, well-being,
and appropriate supervision of such minors at all times, including ensuring
that such minors are always accompanied by a responsible adult.
8.3. Child Protection Laws. You further agree to comply at all times with the applicable laws,
treaties, rules and regulations related to minor protection, including those regarding
slavery and human trafficking. You will not, and will not attempt to, bond,
engage in child or forced labour, sexually exploit, expose minors to harmful
materials or activities (e.g., online content or adult-oriented entertainment),
or otherwise cause abuse or harm to any minor. You will protect such minors
from tourism related to the aforementioned. Where Viaggio suspects or discovers
that you have violated or are likely to violate these terms, Viaggio will take
immediate action, including the termination of your account, and will implement
measures to prevent such incidents from recurring. In these cases, you must
fully cooperate with any investigation by law enforcement or child
protection/welfare agencies. For clarity, the definition of “minor” will depend
on the destination of travel, but will always include persons under the age of
18.
8.4. Health. Recommended inoculations for travel may
change and you should consult your doctor or travel health clinic for current
recommendations before you depart. It is your responsibility to ensure that you
meet all health entry requirements, obtain the recommended inoculations, take
all recommended medication, and follow all medical advice in relation to your
trip.
8.5. Disinsection. Most countries reserve the right to
disinsect the aircraft if there is a perceived threat to public health,
agriculture, or environment. The World Health Organization and the
International Civil Aviation Organization have approved the following disinsection
procedures: (i) spray the aircraft cabin with an aerosolized insecticide while
passengers are on board; or (ii) treat the aircraft’s interior surfaces with a
residual insecticide while passengers are not on board. Some of these
procedures may change or be supplemented as a response to the COVID-19
pandemic. Viaggio is not responsible or liable for the quality and control of
disinsection. For more information, see: https://tc.canada.ca/en/aviation/commercial-air-services/occupational-health-safety/disinsection-procedures-board-aircraft-large-air-operators.
8.6. BY OFFERING RESERVATIONS FOR TRAVEL
PRODUCTS OR SERVICES IN PARTICULAR INTERNATIONAL DESTINATIONS, VIAGGIO DOES NOT
REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK,
AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS WHETHER OR NOT SUCH LOSSES WERE FORSEEABLE OR WHETHER VIAGGIO HAS
BEEN ADVISED OF SUCH RISKS.
9. VIAGGIO CONTENT
9.1. Viaggio Content. As between you and Viaggio, Viaggio
owns or licenses the Website and all data, content, text, graphics, forms,
artwork, images, photographs, products, audio clips, digital downloads, data
compilations, functional components, software, documentation, products, and
other material on, in, or made available through the Website (“Viaggio
Content”), as well as the selection, coordination, arrangement,
organization, and enhancement of the Viaggio Content. The Services and the
Viaggio Content are not sold or transferred to you, but rather made available
to users through restricted licenses, and Viaggio and its licensors retain
ownership of the Viaggio Content.
9.2. Brand Features. The Website is protected pursuant to
copyright, trademark, patent, and other applicable laws. Except for third party
marks, as between you and Viaggio, all names, trademarks, service marks,
certification marks, symbols, icons, slogans, or logos appearing on the Website,
including the Services, are proprietary to Viaggio or its licensors (“Brand
Features”). Use or misuse of these Brand Features is expressly prohibited.
Under no circumstances will you have any rights of any kind in or to the Brand
Features, and unless otherwise authorized in advance, in writing, by Viaggio,
you may not copy or use any of the Brand Features. Unless otherwise expressly
authorized by Viaggio in writing, you agree not to remove any proprietary
notices, trademarks, or labels on or in the Website.
9.3. Grant of License. Subject to your ongoing compliance with
these Terms, Viaggio grants you a limited, non-exclusive, revocable right and
license to access and make personal, non-commercial use of the Services and the
Website (“License”). Except for the License, Viaggio grants no right,
title, or interest to you in the Services or the Website. This License shall
remain in effect until and unless terminated by you or Viaggio in accordance
with these Terms.
10. USER CONTENT
10.1. User Content. The Website
offers opportunities for you to engage with us and other users. You are solely
responsible for any content that you: (i) post, upload, or otherwise contribute
to the Website (which may include, for example, any hotel reviews, questions,
photos, videos, comments, suggestions, ideas, and/or other types of content);
or (ii) post to “public spaces“ that may be made available through the Website
(e.g. public chat rooms, discussion groups, forums, etc.), including profile
pictures, comments, and usernames (collectively, “User Content”). You
are solely responsible for the compliance of such User Content with applicable
laws. Viaggio is not responsible for User Content nor does it endorse any
opinion contained in any User Content. For clarity, we assume no liability for
any User Content posted or submitted by you.
10.2. User Content License Grant. In the event that you submit any User
Content to the Website, you grant Viaggio a non-exclusive, transferable,
sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide
license to: (a) use, reproduce, modify, adapt, translate, distribute, publish,
create derivative works from, and publicly display such User Content in any
media, now known or hereafter devised; and (b) use the name that you submit in
connection with such User Content. You acknowledge that Viaggio 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, and that
such submissions may be shared with our supplier partners.
10.3. Waiver of Rights. To the fullest extent permitted under applicable law, you waive your
right to enforce your intellectual property rights in the User Content, if any,
against Viaggio, our assignees, our sublicensees, and their respective assignees
in connection with our, those assignees’, and those sublicensees’ use of the
User Content. Aside from the rights specifically granted herein, you retain
full ownership of all rights, including intellectual property rights, in the
User Content. Where applicable and permitted under applicable law, you also
agree to waive and not enforce any moral rights or equivalent rights, such as
your right to object to derogatory treatment of such User Content.
10.4. Feedback. If you
provide feedback, ideas, or suggestions to Viaggio in connection with the
Services (“Feedback”), you acknowledge that the Feedback is not
confidential, and you authorize Viaggio to use such Feedback without
restriction and without payment to you. For clarity, Feedback is considered
User Content.
10.5. Removal of User Content. Viaggio reserves the right to remove or disable access to any User
Content for any or no reason. Without limiting the generality of the foregoing,
we may, but have no obligation to, monitor, edit, or remove User Content that
we determine in our sole discretion to be a violation of these Terms, including
the prohibited activities in Section 3. Viaggio may take these actions without prior notification to you or
any third party.
11. DISCLAIMERS
11.1. Travel Suppliers. Viaggio does not own or control any of
the services or products offered by travel suppliers through the Website. All
information regarding the products and/or services posted on the Website,
including property information, quality, characteristic, and features, is
provided by the travel suppliers. Viaggio makes no warranties about the
quality, safety, merchantability, fitness, or legality of the products or
services offered by travel suppliers on the Website.
11.2. Errors. The information, products, and Services
published on this Website may include inaccuracies or errors, including pricing
or hotel description errors. Viaggio receives its information from third
parties and has no obligation to confirm the accuracy or completeness of that
information. In particular, Viaggio does not guarantee the accuracy and
completeness of, and disclaims all liability for, any errors or other
inaccuracies relating to the information and description of the hotel and other
travel products and services displayed on this Website (including, without
limitation, the pricing (including promotional rates, which may be modified or
offered at any time without notice), photographs, mapping information, list of
hotel amenities (which, for greater certainty, may vary depending on the
season), number and types of beds included in a hotel room, general product
descriptions, whether the hotel is experiencing any renovations, has natural
wear and tear, or is hosting a special event that may be charged to you, etc.).
In addition, Viaggio expressly reserves the right to correct any pricing errors
on our Website and/or pending reservations made under an incorrect price. In
such event, if available, we will offer you the opportunity to keep your
pending reservation at the correct price or we will cancel your reservation
without penalty.
11.3. Hotel Ratings and Availability. Hotel ratings displayed on this Website
are intended as only general guidelines and Viaggio does not guarantee the
accuracy of the ratings. The rating system of hotels also may vary from country
to country. Further, Viaggio and its suppliers make no guarantees about the
availability of specific products and services. Viaggio and its suppliers may
make improvements and/or changes on the Website at any time.
11.4. Advertisements. Viaggio may display advertisements for
the goods and services of a third party through the Website, including in
connection with co-promotions, sponsorships, and other similar arrangements.
Viaggio does not endorse or represent, and is not responsible for the
compliance, safety, quality, accuracy, reliability, integrity, availability,
completeness, usefulness, or legality of any such goods or services that may be
advertised, promoted, or displayed through the Website. The Website makes such
advertisements, if any, available to you unmodified.
11.5. Promotions. The following terms and conditions
apply to any promotional offers made by Viaggio:
(a) Duration of Promotions. Unless otherwise stated, promotions offered
by Viaggio shall run for the duration determined by Viaggio. Viaggio will
honour the promotion for as long as it runs the promotion, and reserves the
right to extend, shorten, cancel, or terminate any promotion at any time,
without prior notice.
(b) Eligibility. In order to receive the benefits of
any promotional offer, you must be the owner of an account that is in good
standing on our platform. Viaggio reserves the right, in its sole discretion,
to determine your eligibility to maintain an account and to access and use a
promotional offer. Viaggio may require you to provide
additional information or documentation to verify your eligibility and ensure
that your account remains in good standing.
(c) Modifications, Cancellations, and
Changes to Promotions. Viaggio
reserves the right to modify, cancel, or change any promotions offered at any
time, in its sole discretion, without prior notice. Viaggio may add, remove, or
alter the terms and conditions of promotions, including but not limited to, the
duration, eligibility criteria, redemption processes, restrictions on use, and availability
of the offer. Any modifications, cancellations, or changes to promotions will
be binding upon you and will become effective immediately upon posting on the
Website, your account, or sending an e-mail to that effect.
(d) Exclusion of Taxes. Unless expressly stated otherwise, all
prices and benefits offered in promotions are exclusive of taxes and any
applicable government fees. Any taxes or fees imposed by governmental
authorities shall be your sole responsibility and shall be paid in addition to
the advertised price or benefit.
11.6. Third Party Applications. The Website is integrated with or may
otherwise interact with third-party applications, websites, devices, tools, and
services (“Third Party Applications”) to make the Services available to
you. These Third Party Applications may have their own terms and conditions of
use and privacy policies, and your use of these Third Party Applications will
be governed by and subject to such terms and conditions and privacy policies.
You understand and agree that Viaggio does not endorse and is not responsible
or liable for the behavior, features, or content of any Third Party
Applications or for any transaction you may enter into with the provider of any
such Third Party Applications. Viaggio does not warrant the compatibility or
continuing compatibility of the Third Party Applications with the Website.
11.7. Service Limitations. Viaggio will use commercially reasonable efforts to maintain the
Services and keep it operational. However, certain technical difficulties,
maintenance, testing, or updates required to reflect changes in applicable laws
and regulatory requirements, may, from time to time, result in temporary
interruptions. Viaggio reserves the right, periodically and at any time, to
modify or discontinue, temporarily or permanently, functions and features of
the Services, with advance notice where possible, all without liability to you,
except where prohibited by applicable law. You understand, agree, and accept
that Viaggio will make reasonable efforts to, although it has no obligation to,
maintain, support, upgrade, or update the Service.
11.8. WARRANTY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT ALL VIAGGIO
CONTENT, PRODUCTS, AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS
AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TO
THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, VIAGGIO AND ITS
SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR
CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER VIAGGIO NOR ANY OF ITS SUPPLIERS
OR LICENSORS WARRANT THAT THE VIAGGIO CONTENT, PRODUCTS, OR SERVICES ON THIS
WEBSITE: (I) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR
PURPOSE; (II) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE;
(III) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (IV) WILL BE FREE
OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, VIAGGIO MAKES NO
REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY TRAVEL PRODUCTS OR SERVICES OFFERED BY SUPPLIERS, THIRD
PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT
OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE
SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND VIAGGIO IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION
BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR
INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM VIAGGIO SHALL
CREATE ANY WARRANTY ON BEHALF OF VIAGGIO. YOU AGREE THAT YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO
STOP USING THE SERVICES.
12. LIMITATION OF LIABILITY &
INDEMNIFICATION
12.1. Viaggio
Limitation of Liability
(a) The hotels and other suppliers providing
travel or other services on this Website are independent contractors and not
agents or employees of Viaggio. Viaggio is not liable for the acts, errors,
omissions, representations, warranties, breaches, or negligence of any such
suppliers or for any personal injuries, death, theft, sickness, accidents,
changes in schedules, property damage, or other damages or expenses resulting
therefrom. Viaggio has no liability and will make no refund in the event of any
delay, cancellation, duplicate bookings, overbooking or closure (e.g., of a
hotel), strike, or other causes beyond Viaggio’s direct and reasonable control,
and will have no responsibility for any additional expenses, omissions, delays,
or re-routing caused by acts of any government or authority. Viaggio is also
not liable for any costs incurred due to relocation of your stay at a hotel by
the supplier. If you have a dispute with a travel supplier, you release us (and
our officers, directors, employees, and agents) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of, resulting
from or in any way connected with such disputes.
(b) To the maximum extent permitted by law, in no event shall Viaggio
or its directors, officers, employees, affiliates, agents, contractors,
suppliers, or licensors be liable for: (i) any indirect, consequential,
incidental, exemplary, punitive, or special damages; or (ii) for any damages,
whether direct, indirect, consequential, incidental, exemplary, punitive, or
special, characterized as lost revenue, lost savings or revenue, or lost
profits, whether based on contract, tort (including negligence), or other legal
or equitable basis, including without limitation damages for harm to business,
loss of information or data, loss of goodwill, loss of reputation, loss of
income, losses related to the acts or omissions of a third party, or other
economic loss, arising from, or in connection with, your use of, or inability
to use, the Services, any errors or omissions in the Viaggio Content, or any
loss or damage of any kind incurred as a result of the use of the Website or
any Viaggio Content posted, transmitted, or otherwise made available via the
Website, even if Viaggio has been advised of the possibility of such damages in
advance.
(c) THE MAXIMUM AGGREGATE LIABILITY OF VIAGGIO UNDER THESE TERMS IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF A BREACH OF WARRANTY,
STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER,
SHALL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE GREATER OF: (I)
THE SERVICE FEES PAID BY YOU, IF APPLICABLE, TO VIAGGIO FOR THE RESERVATION
GIVING RISE TO THE LIABILITY HEREUNDER; AND (II) CAD$100 (OR THE EQUIVALENT IN
LOCAL CURRENCY).
(d) The limitation
of liability in this section 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 Viaggio and/or its suppliers.
12.2. Indemnification by You. You agree to indemnify, defend, and hold harmless Viaggio and/or its
suppliers and any of our of their officers, directors, agents, contractors,
licensors, and employees, from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of: (i) your
breach of these Terms or the policies they incorporate by reference; (ii) your
violation of any applicable laws or the rights of a third party; (iii) any User
Content that you post, contribute, or otherwise submit on or through the
Website; and (iv) any activity that you engage in through the Services,
including any damages to persons or property.
13. TERM & TERMINATION
13.1. Term. These Terms will continue to apply to you until
terminated by either you or Viaggio. However, you acknowledge and agree that
the perpetual license granted by you in relation to User Content, including
Feedback, is irrevocable and will therefore continue after expiry or
termination of any of these Terms for any reason.
13.2. Termination. We retain the right at our sole
discretion to deny anyone access to this Website and the Services we offer, at
any time and for any reason, including in the event of: (i) your actual or
suspected unauthorized use of the Services; (ii) your non-compliance with these
Terms, including your engagement in any of the prohibited activities described
in Section 3 or Section 8; or (iii) our withdrawal of the
Services. If you or Viaggio terminate these Terms, or if Viaggio suspends your
access to the Services or your account, you agree that Viaggio shall have no
liability or responsibility to you, and Viaggio will not refund any amounts
that you have already paid, to the fullest extent permitted under applicable
law.
14. CURRENCY EXCHANGE RATES
14.1. Currency Converter. If a currency convertor is available on
the Website, the following terms and conditions apply. Currency rates are based
on various publicly available sources and should be used as a guideline only.
Rates are not verified as accurate, and actual rates may vary. Currency quotes
are not updated every day. Please check the date on the currency converter
feature for the day that the currency rates were last updated. The information
supplied by this application is believed to be accurate, but Viaggio and our 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.
14.2. Bank and Credit Card Fees, Chargebacks
& Fraud. Many banks
and credit card companies charge their account holders a transaction fee when
the card issuer and the “merchant location” (as defined by the credit card
company) are in different countries. The currency exchange rate, if applicable,
and any transaction fee are determined solely by the bank or other agency
processing the transaction. These fees may be applied by the card issuer as a
charge to the cardholder’s account. When applied by the card issuer, the fees
will be listed separately from the transaction amount on a credit or debit card
statement. This means the amount listed on your credit or debit card statement
may be a different figure than the figure shown on the billing summary page for
a reservation booked on the Website. If you have any questions about these fees
or any exchange rate applied to your booking, please contact your bank.
For clarity, you are fully
financially responsible for payment of any bookings that are subject to
chargebacks, fraud, and/or other fees, expenses, penalties, or charges. Viaggio
will not provide a refund to your credit card or other method of payment for
any bookings, so we encourage you to appeal any reported chargebacks, fraud,
and/or other fees, expenses, penalties and charges to your bank or the agency
that processed your transaction.
16. COPYRIGHT INFRINGEMENT
16.1. Copyright Infringement. Viaggio respects the rights of intellectual property owners and complies with the Notice to Notice Regime under the Bill C-61
amendment of the Copyright Act, RSC,
1985, c C-42. If you
believe that any Viaggio Content or any User Content infringes your
intellectual property rights or other rights, you may send us a copyright
infringement notice by contacting us as set out in Section 18.7 (“Copyright
Notice”). For a Copyright Notice to be effective, such notices must be
written and must include the following:
(a) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
(b) a description of the copyrighted work or
other intellectual property interest at issue;
(c) a description of where the copyrighted
work or other intellectual property interest at issue is located on the Website;
(d) information reasonably sufficient to
permit us to contact you, such as your address, telephone number, and email
address;
(e) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
(f) a statement by you, made under penalty
of perjury, that the above information in your Copyright Notice is accurate and
that you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner’s behalf. Viaggio encourages
you to consult a lawyer before submitting a Copyright Notice.
16.2. Response to Copyright Notice. If Viaggio receives a Copyright Notice regarding User Content, Viaggio
may in its sole discretion remove the User Content from the Website, or take
other steps that Viaggio deems appropriate, without prior notification to the
user or other party who supplied or posted the infringing User Content. If such
user or other party believes that the User Content is not infringing, he or she
may in certain circumstances submit a counter-notification to Viaggio with a
request to restore the removed User Content, which Viaggio may or may not do,
at Viaggio’s sole discretion.
17. FORCE MAJEURE. Viaggio shall not be liable for any failure or delay in the performance
of its obligations under these Terms to the extent such failure or delay is
caused by an event or circumstance beyond its reasonable control, including but
not limited to acts of God, natural disasters, war, terrorism, riots,
embargoes, strikes, labor disputes, lockouts, pandemics, epidemics, government
actions or regulations, power outages, internet or telecommunication failures,
or any other similar event ("Force Majeure Event"). In the
event of a Force Majeure Event, Viaggio's performance obligations under these
Terms shall be suspended for the duration of the Force Majeure Event. Viaggio
shall make reasonable efforts to mitigate the effects of the Force Majeure
Event and resume performance of its obligations as soon as reasonably
practicable. If a Force Majeure Event continues for a period of thirty (30)
days, Viaggio may terminate these Terms or any booking by providing written
notice to you, without any liability or obligation.
18. APPLICABLE LAW AND VENUE
18.1. Governing Law. These Terms
shall be governed by and construed in accordance with the laws of the Province
of Ontario and the Federal laws of Canada applicable therein.
18.2. Arbitration. Any disputes
relating to the Services shall be resolved by a single arbitrator pursuant to
the Arbitrations Act (Ontario), with the arbitration to be held in the
City of Toronto and the law applicable thereto shall be the law of the Province
of Ontario. The arbitrator appointed pursuant to the Arbitrations Act
(Ontario) shall be entitled to award costs of the hearing in addition to the
resolution of the dispute, and the decision of any such arbitrator shall be
final and binding and not subject to appeal. The costs of the arbitrator will
be divided equally between the parties or as otherwise expressly provided in
the arbitrator's decision. To the extent arbitration is prohibited by
applicable law, all disputes will be heard and resolved in a court of competent
jurisdiction located in Toronto, Ontario.
18.3. Equitable Relief. Notwithstanding anything contained in these Terms to the contrary,
Viaggio shall be entitled to seek injunctive or other equitable relief from a
court of competent jurisdiction whenever the facts or circumstances would
permit Viaggio to seek such relief.
18.4. Class Action Proceedings. Except where prohibited by applicable law, you waive any right you may
have to commence or participate in any class action against Viaggio related to
any dispute and, where applicable, you also agree to opt out of any class
proceedings against Viaggio.
19. MISCELLANEOUS
19.1. Travel and Ticket Fulfillment Services. In accordance with the Travel
Industry Act, SO 2002, c 30, Sched D (Ontario), this page contains detailed
information on the registered name, address, and registration number applicable
to the provider of the travel and ticket fulfillment services. Ticket
fulfillment services are provided by: Diamond Hart Properties Inc. o/a
Viaggio . TICO Registration No.: 50026059 .
19.2. Assignment. Viaggio may assign these
Terms to an affiliate or a purchaser of all or substantially all of its assets
or shares without your consent. You may not assign these Terms, in whole or in
part, nor transfer or sub-license your rights under these Terms, to any third
party, without Viaggio’s express written consent.
19.3. Interpretation. The headings used in these Terms are included for convenience only
and will not limit or otherwise affect these Terms. Any ambiguities in the
interpretation of these Terms shall not be construed against the drafting
party.
19.4. Severability. In the event that any
provision of these Terms is determined to be unlawful, void, or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms, all without affecting the validity and enforceability of any
other remaining provisions.
19.5. Waiver. Our failure to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of such
right or provision.
19.6. Entire Agreement. These
Terms and any policies or operating rules posted by us through the Website constitutes
the entire agreement and understanding between you and us and governs your use
of the Services, superseding any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of these Terms).
19.7. Contact Information. Questions
about the Services or these Terms should be sent to us at support@viaggio.com.
Thank you for reading our Terms. We
hope you enjoy Viaggio!