Viaggio Terms and Conditions of Use
Effective as of 07-22-2021
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
1.3. Changes to the Services and these Terms. The Services and these Terms may be modified from time to time, without prior notice to you. 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 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
2.2. 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 11) for any commercial purpose;
(b) make any speculative, false, or fraudulent reservation (including fraud committed using a payment card), 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; or
(iv) 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).
3.2. 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 17.7 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 of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
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 a deposit is unrelated to any payment received by Viaggio for your hotel booking with the supplier.
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.
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. PREPAID 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 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, 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 or Changes. Each hotel property sets its own change or cancellation policy. If you cancel or change your prepaid 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. You agree to abide by the Supplier Terms and Conditions imposed with respect to your prepaid hotel reservations.
6.4. Group Bookings. You may not book reservations for more than eight (8) rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than eight (8) rooms 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 nine (9) or more rooms, 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 to complete your reservation. You may be asked to sign a written contract and/or pay a non-refundable deposit.
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”, 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 traveler 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.
8.2. 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.
8.3. 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. For more information, see: https://tc.canada.ca/en/aviation/commercial-air-services/occupational-health-safety/disinsection- procedures-board-aircraft-large-air-operators.
8.4. 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 4. Viaggio may take these actions without prior notification to you or any third party.
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, characteristics, 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. Pricing Errors. The information, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Viaggio does not guarantee the accuracy 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, photographs, list of hotel amenities, general product descriptions, 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. 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. 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.
11.6. 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.
11.7. 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, 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, overbooking, 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, 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 on or through the Services.
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 4; 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. 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.
15. COPYRIGHT INFRINGEMENT
15.1. 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 17.7 (“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.
15.2. 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.
16. APPLICABLE LAW AND VENUE
16.1. 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.
16.2. 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.
16.3. 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.
16.4. 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.
17.1. 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.
17.2. 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.
17.3. 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.
17.4. 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.
17.5. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.6. 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).
17.7. Contact Information. Questions about the Services or these Terms should be sent to us at: firstname.lastname@example.org.
Thank you for reading our Terms. We hope you enjoy Viaggio!