Visa Premium Terms Of Service
Last Updated: [October 1, 2010]
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE ("TERMS") BEFORE ENROLLING IN OR OTHERWISE USING THE Visa Premium: LUXURY HOTELS COLLECTION SERVICE OR WEBSITE (COLLECTIVELY, "LUXURY HOTELS"). BY CLICKING ON THE "ACCEPT" BUTTON, SUBMITTING A RESERVATION OR OTHERWISE USING LUXURY HOTELS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORISED TO USE LUXURY HOTELS
1. The Service
Visa Premium: Luxury Hotels Collection service ("Luxury Hotels") is an exclusive service owned by Visa U.S.A. Inc. and its affiliates (collectively) ("Visa," "us," "we" or similar pronoun), operated by KIWI Collection, Inc., and made available only to Visa Premium: cardholders. As used in these Terms, the term "Luxury Hotels" shall also refer to the Luxury Hotels service and website (whether operated as a domain or subdomain, the "Website"), the logos, designs, text, images, videos, graphics, software and other content and materials of Visa or its licensors available through Luxury Hotels, and the selection and arrangement thereof (collectively, "Content"), and the Visa and KIWI Collection, Inc. hardware, software and networks associated with making Luxury Hotels available to you (collectively, the "Luxury Hotels System"). As used in these Terms, "your" or "your" (or similar pronoun) refers to the individual using Luxury Hotels, unless the context requires otherwise.
Unless explicitly stated otherwise, any new features or functionality that augment or enhance Luxury Hotels in the future shall be considered part of Luxury Hotels and subject to these Terms.
By enrolling in or otherwise using Luxury Hotels, you represent and warrant that: (a) the payment card used in connection with a reservation or associated with your Account (as defined below) is a Visa Premium: card; (b) you are an authorised user of the Visa Premium: card used in connection with a reservation or associated with your Account; (c) you are at or above the legal age of majority in your jurisdiction of residence; (d) you own or have sufficient authorisation to use a personal computer to access and use Luxury Hotels; and (e) you will access and use Luxury Hotels in accordance with these Terms.
2. Luxury Hotel Benefits
Visa offers a set of benefits to Luxury Hotels users (collectively, "Benefits"). Of course, you must be a Visa Premium: cardholder and book your reservation through Luxury Hotels with your Visa Premium: card to be eligible for these Benefits. Without limiting any of Visa's rights under these Terms, you acknowledge that if you do not qualify under these Terms, as determined by Visa in its sole discretion, Visa may cancel your reservation and/or participation in Luxury Hotels, with or without notice to you.
Currently, Visa offers Luxury Hotels users a set of seven (7) standard Benefits, including the "Best Available Rate" guarantee, room upgrade, food/beverage voucher, VIP guest access, continental breakfast, Internet access and late checkout. Benefits are subject to specific terms and conditions. The most current collection of Benefits and applicable terms and conditions can be found /about/company. In addition, further terms and conditions may be associated with a Benefit at the Website.
You acknowledge that available Benefits are subject to change at any time, in Visa's sole discretion, and you will be eligible to receive the then current Benefits at the time of your reservation. For example, Visa may choose to add additional Benefits or remove existing Benefits at any time without notice to you.
From time to time, a hotel may not be able to fulfill one of the standard Benefits. In such case, the hotel will notify you of which Benefits it cannot provide and the specific replacement Benefit. In other cases, a hotel may be unwilling to provide a Benefit. In such case, Visa will attempt to facilitate a resolution, but it is ultimately the hotel's responsibility to fulfill each promised Benefit. ACCORDINGLY, YOU ACKNOWLEDGE THAT Visa CANNOT GUARANTEE THAT YOU WILL RECEIVE ANY PARTICULAR BENEFIT FOR ANY GIVEN HOTEL.
The reservation completed through Luxury Hotels is a transaction solely between you and the hotel, and Visa is not a direct party to the transaction. Although Visa, through KIWI Collection, Inc., will attempt to help resolve issues that may arise, Visa cannot be responsible for anything that occurs between you and a hotel. ACCORDINGLY, YOU ACKNOWLEDGE THAT THE Visa PARTIES (AS DEFINED BELOW) SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY ACTS OR OMISSIONS OF A HOTEL, INCLUDING, WITHOUT LIMITATION, FAILURE TO HONOUR A PRICE, CHARGES YOU MAY INCUR DURING A STAY, BENEFITS YOU MAY OR MAY NOT RECEIVE, PREFERENCES (AS DEFINED BELOW) WHICH MAY OR MAY NOT BE HONOURED, AND/OR LOSSES, INJURIES OR DAMAGES OCCURRING DURING A STAY.
You acknowledge that when you submit a reservation request through Luxury Hotels, you authorise Luxury Hotels to supply your information and facilitate booking the reservation with the hotel for the total reservation price, which includes the room rate displayed on the Website, plus taxes, charges and fees indicated in connection with the reservation. You understand that the hotel, not Visa, will invoice, charge and collect from you the reservation price, including all applicable costs, taxes and fees.
In certain cases, typically in connection with a special rate or promotion, a hotel may require prepayment in order to reserve a room. In such case, prepayment requirements and other material terms and conditions (such as cancellation, refund or other policy) will be disclosed prior to completing the reservation. You acknowledge in these cases, the hotel may charge your payment card in advance. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved (which varies by hotel and is usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must email firstname.lastname@example.org.
Additional terms and conditions of the hotel may apply to your reservation. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of reservation imposed by a third-party provider with whom you elect to make a reservation, including, without limitation, payment of all amounts when due and compliance with the hotel's rules and restrictions regarding availability and use of the hotel's facilities, products, or services. You acknowledge that some hotels 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 hotel's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable facility, product or services, in your forfeiting any monies paid for such reservation(s), and/or in the debiting your account for any costs incurred as a result of such violation.
When you register for an account or when you submit a reservation request, you will have the option to establish preferences (collectively, "Preferences"), such as travel, room and food and beverage preferences. Upon your request, Visa (or KIWI on our behalf) will share the selected Preferences with your designated hotel. You acknowledge that Visa does not guarantee that a hotel will accommodate any Preferences provided.
4. Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Visa urges cardholders to review travel prohibitions, warnings, announcements and advisories issued prior to booking hotel reservations for hotels located in international destinations.
BY FACILITATING HOTEL RESERVATIONS LOCATED IN PARTICULAR INTERNATIONAL DESTINATIONS, Visa DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVisaBLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
5. Currency Converter
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. 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 authorise 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.
Visa does not currently charge you a fee for your use of Luxury Hotels. However, Visa reserves the right, in its sole discretion, to charge a fee for Luxury Hotels in the future upon notice to you and your use of Luxury Hotels after such time will be subject to you paying the applicable charges to Visa.
You are solely responsible for providing any hardware, systems and software programs you use to access Luxury Hotels, and any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible personal computer (with high level browser encryption), an Internet access plan from a service provider and a valid email address.
7. Modification of these Terms; Termination
If you do not agree with any of these Terms, you must not use Luxury Hotels. Visa reserves the right, in its sole discretion, to modify these Terms at any time with or without further notice to you. Visa may change these Terms by posting a new version at the Website, without notice to you, so please continue to review these Terms from time to time. The most recent modification date will be noted by the "Last Updated" date above. To the fullest extent permitted under applicable law, your continued use of Luxury Hotels after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of Luxury Hotels additional terms and conditions, rules, policies and disclaimers may apply.
Visa may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Luxury Hotels, temporarily or permanently, including the availability of any features of Luxury Hotels or access to any parts of Luxury Hotels, at any time with or without notice to you. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of Luxury Hotels. Notwithstanding any termination, you acknowledge you will continue to be responsible for any hotel bookings completed through Luxury Hotels.
You may terminate your use of Luxury Hotels at any time. Visa may suspend, discontinue or terminate your access to or use of Luxury Hotels at any time immediately and without prior notice or obligation to you (i) if you violate any of these Terms as determined by Visa in its sole discretion, or (ii) for any other reason in Visa's sole discretion. Visa may notify you of any such suspension, discontinuance or termination by posting a notice on the Website, on any webpage opened when using Luxury Hotels, by email to an email address you provided to Luxury Hotels upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of Luxury Hotels during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). You are not permitted to re-enroll in Luxury Hotels during your period of suspension or after your discontinuance or termination. Sections 1, 5, 7, 9, 12-19 and any other provisions that by their nature should survive termination shall so survive any termination of your use of Luxury Hotels. You agree that Visa shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to Luxury Hotels.
8. User Information and Account Security
If you book a hotel room through Luxury Hotels, you must provide information required by Visa and the designated hotel to process your reservation, such as your name, address, email address and credit or debit card number. If you want to store your Luxury Hotels information and preferences for future use or otherwise establish an account, you are required to register for a Luxury Hotels account ("Account"). The information you supply for each of these purposes shall be referred to as "User Information". If you provide User Information, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the applicable form; and (b) for Account holders, maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of Luxury Hotels. You acknowledge and agree that Visa will have no liability associated with or arising from your failure to supply or maintain accurate User Information, including, without limitation, your failure to receive important information and updates about Luxury Hotels or your reservation. If Visa has reasonable grounds to suspect that the User Information you provided is untrue, inaccurate or incomplete, Visa may suspend or terminate your reservation or your Account, and refuse any and all current or future use of Luxury Hotels (or any portion thereof) by you.
As a part of your Account registration, you will establish a username and password. Your username and password are used to authenticate you when you use Luxury Hotels. For your protection, you should memorise your password. Your password helps to ensure that only you or one authorised on your behalf can access your Account.
You agree not to give your username and password to anyone you do not authorise to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. You acknowledge and agree that any use of Luxury Hotels occurring through your username and current password shall be deemed to be your actions and that Visa may rely upon such actions. You are solely responsible for protecting the confidentiality of your password.
The Website may enable you to contact friends and family via email communications so that they may receive information about Luxury Hotels. Visa will use and store any such information provided by you solely to facilitate your communications to your friends and family. You acknowledge that you may only initiate such communications to persons with whom you have a personal relationship as a friend or family member. You represent and warrant that you have obtained the consent of each friend or family member prior to providing us with his or her contact information. A friend or family member must be at or above the legal age of majority in their jurisdiction of residence. The contact information for a friend or family member must be valid and functioning in order for us to facilitate your communications. Visa will not be responsible for validating friend or family member contact information. Visa may elect NOT to communicate with any friend or family member you have designated and/or any email address if he or she or that email address appears to be on any Luxury Hotels "do not contact" or "do not email" list. In addition, Visa reserves the right to reject any friend or family member you have designated if: (a) the contact information provided for that friend or family member is incorrect or invalid; (b) that friend or family member has violated any provision of this Agreement; or (c) Visa determines that the inclusion of that friend may be harmful to Visa, the Website or any third party, inconsistent with any laws, rules, regulations or other legal requirements, or for any other reason, as Visa may determine in its sole discretion. Visa specifically disclaims any liability for exercising such right. You acknowledge that you are responsible for ensuring your use of the forward-to-a-friend feature complies with all applicable laws, rules and regulations.
11. License Grant
Visa grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use Luxury Hotels (including any Content) strictly in accordance with these Terms. Visa may in its sole discretion suspend, discontinue or terminate this license at any time for any reason. You may use Luxury Hotels for your own personal, non-commercial use. No part of Luxury Hotels may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Luxury Hotels or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of Luxury Hotels and you may not take any action that imposes an unreasonable or disproportionately large burden on the Luxury Hotels System as determined by Visa in its sole discretion. All rights not expressly granted to you are reserved by Visa.
12. Copyrights and Other Proprietary rights
All ownership rights and title in and to Luxury Hotels, including all Content therein, are owned by Visa and its licensors and protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights and international treaties (collectively, "Intellectual Property Rights"). Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way Luxury Hotels, or any portion therein, including, without limitation, any Content, without the prior written permission of Visa. All rights not expressly granted to you through these Terms are retained by Visa and its licensors. Visa neither warrants nor represents that your use of the Content will not infringe rights of third parties. Any product, service, program, or technology described on the Website may be the subject of other Intellectual Property Rights (including but not limited to copyright, trademark, or patent rights) owned or licensed by Visa.
The trademarks, logos and service marks, whether registered or unregistered (collectively, "Trademarks") displayed on the Website are Trademarks of Visa, its licensors and other third parties. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Visa or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Website is prohibited.
14. User Conduct
In using or accessing Luxury Hotels, you agree, without limitation:
- not to use Luxury Hotels in breach of these Terms;
- not to use Luxury Hotels for commercial purposes;
- not to "spam" others or "phish" for others' personal information;
- not to disrupt or interfere with the security of, or otherwise abuse, Luxury Hotels, or any part of Luxury Hotels;
- not to upload, post or otherwise transmit through or on Luxury Hotels any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilise framing techniques to enclose any part of Luxury Hotels without Visa's express prior written consent;
- not to use meta tags or any other "hidden text" utilising a Visa name, trademark or product name without Visa's express written consent;
- not to "deeplink" to Luxury Hotels without Visa's express prior written consent;
- not to create or use a false identity or information for Luxury Hotels;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorised access to Luxury Hotels or portions of Luxury Hotels that are restricted from general access;
- not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
- not to post any copyrighted (or other proprietary) material unless the copyright (or other proprietary right) is owned by you or you have the right to do so; and
- not to use Luxury Hotels in breach of any third party website's terms and conditions.
In addition, you agree that you will comply with all applicable local, state, provincial, national and international laws, regulations and other legal requirements that relate to your use of or activities in connection with Luxury Hotels. You also agree to act consistent with the requirements set forth in these Terms and requirements of Luxury Hotels.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorised access to your Account. If you so notify us, or we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
15. User Materials and Community Features
Luxury Hotels may offer opportunities for users to submit and post their own user content (collectively, "User Materials") in connection with various Luxury Hotels features, which may include, without limitation, posting comments on or ratings for participating hotels, posting to blogs, communicating with other Luxury Hotels users and posting comments to discussion forums (each, a "Community Feature"). The selection of available Community Features may change from time to time in Visa's sole discretion.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with Luxury Hotels, whether solicited or unsolicited, you are granting Visa a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Visa also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state/province in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become the unrestricted licensed property of Visa.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Visa will not infringe or violate the rights of any third party in any manner.
Visa may at its own discretion monitor and prescreen User Materials, and while Visa and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to be responsible for, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials.
In your use of any Community Feature, you agree, without limitation, not to upload, transmit, distribute or otherwise publish in any form any User Material that is:
- libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
- illegal in any way or advocates illegal activity;
- an advertisement or solicitation of funds, goods or services;
- a message posted by a user impersonating another;
- personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
- could be considered bulk unsolicited communications.
You acknowledge that Visa is not responsible for any User Material posted in any Community Feature or otherwise available at or through Luxury Hotels, including, without limitation, comments made by a Friend about prospective purchases. Visa is merely providing access to such Community Features and User Materials as a service to you to be used in accordance with these Terms. You may only use the Community Features in a personal, noncommercial manner. With respect to any User Materials posted by other users, you acknowledge and agree that such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. Visa has no control over whether such User Materials are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Visa expressly disclaims any responsibility for User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in using User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use.
Visa reserves the right, but not the obligation, to monitor, edit and/or remove any User Materials deemed inconsistent with these Terms or our policies. Visa also reserves the right to terminate your Account if you violate any of these Terms or our policies, as determined in our sole discretion.
If you are aware of any User Material on Luxury Hotels which violates these Terms, please contact us by using the email support function at the Website. Please provide as much detail as possible, including a copy of the underlying material, the location where Visa may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Visa will only remove User Materials if Visa believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Infringement Claims." Although Visa may attempt to monitor User Materials, in no event does Visa assume any particular obligation to do so or any liability for failing to either monitor any Community Feature or remove specific User Materials.
THE INFORMATION ON THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. IN PARTICULAR, Visa DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF HOTELS AVAILABLE THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ADVERTISED PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND THE LIKE), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE HOTEL. IN ADDITION, Visa EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, ANY ISSUES MUST BE RESOLVED BETWEEN YOU AND THE HOTEL.
HOTEL RATINGS DISPLAYED ON THE WEBSITE ARE PROVIDED BY KIWI COLLECTION, INC., AND INTENDED AS ONLY GENERAL GUIDELINES. Visa DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS OR THAT THE RATINGS ARE RELEVANT OR APPLICABLE TO YOU. Visa MAKES NO GUARANTEES ABOUT RESERVATIONS.
LUXURY HOTELS, IN WHOLE AND IN PART, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Visa MAKES NO WARRANTY: (A) THAT LUXURY HOTELS WILL FUNCTION AS INTENDED OR WILL BE UNINTERRUPTED OR ERROR- FREE; (B) AS TO THE RESERVATIONS BOOKED THROUGH LUXURY HOTELS; (C) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (D) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (E) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH LUXURY HOTELS, INCLUDING, WITHOUT LIMITATION, HOTEL DESCRIPTIONS AND USER MATERIALS; (F) THAT RESERVATIONS AND COMMUNICATIONS MADE THROUGH LUXURY HOTELS, WILL BE HONORED BY A HOTEL OR THAT YOUR PREFERENCES INFORMATION WILL BE RECEIVED AND HONOURED BY A HOTEL; (G) THAT YOUR USE OF LUXURY HOTELS WILL MEET YOUR REQUIREMENTS; OR (H) THAT DATA COLLECTED, STORED OR PROCESSED THROUGH LUXURY HOTELS WILL BE SECURE OR ERROR-FREE.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF LUXURY HOTELS AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY USER MATERIALS, THIRD PARTY WEBSITES, THIRD PARTY CONTENT, THIRD PARTY RESOURCES AND ANY HOTELS RESERVED THROUGH LUXURY HOTELS).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Visa AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORISED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "Visa PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING SUBJECT MATTER OR CIRCUMSTANCES, EVEN IF A Visa PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) YOUR USE OF OR INABILITY TO USE LUXURY HOTELS; (B) ANY USER MATERIALS, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY USER MATERIALS; (C) ANY THIRD PARTY WEBSITE, CONTENT OR RESOURCE USED IN CONNECTION WITH OR AVAILABLE THROUGH LUXURY HOTELS; (D) ANY HOTEL RESERVATIONS MADE IN RELIANCE ON INFORMATION PROVIDED THROUGH LUXURY HOTELS; (E) DISPUTES BETWEEN YOU AND A HOTEL; (F) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN HOTEL DETAILS, HOTEL BENEFITS OR HOTEL INFORMATION; (G) ANY LOSSES, DAMAGES OR INJURIES SUSTAINED DURING A HOTEL STAY; (H) ANY ACTS OR OMISSIONS OF A HOTEL OR KIWI INTERNATIONAL; (I) UNAUTHORISED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH LUXURY HOTELS; (J) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; (K) ANY MODIFICATION, DELETION OR ADDITION TO YOUR USER MATERIALS BY Visa OR ANOTHER LUXURY HOTELS USER; OR (L) ANY OTHER OF YOUR USE OF LUXURY HOTELS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE Visa PARTIES' CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR LUXURY HOTELS. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF LUXURY HOTELS. THE LIMITATIONS OF LIABILITY HEREIN REFLECT THE ALLOCATION OF RISK BETWEEN YOU AND Visa.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Visa'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Copyright Infringement Claims
Visa respects the rights of all copyright holders and in this regard Visa has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Website in a way that constitutes copyright infringement, please provide Visa's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Visa's Copyright Agent for notice of claims of copyright infringement on or regarding Luxury Hotels can be reached by email to email@example.com or in writing to Agent for Copyright Claims, Visa U.S.A. Inc., P.O. Box 8999, San Francisco, California 94128.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys' fees.
20. Third Party Websites, Content and Resources
Luxury Hotels includes and permits you to link or direct connections to third party websites, content and resources. For example, the hotel listings at the Website may permit you to link directly to the hotel's website. Another example is the KIWI Collection website, which is owned and operated by KIWI Collection, Inc., a third-party vendor to Visa and the entity hosting and operating Luxury Hotels. You acknowledge that Visa has no control over any such third party websites, content or resources, which are made available by companies or persons other than Visa. You acknowledge and agree that Visa is not responsible for the availability of any such third party websites, content or resources. You further acknowledge that Visa is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources.
21. General Terms
(a) Force Majeure. Visa will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, acts and omissions of hotels, communications outages, fire, flood or war.
(b) Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
(c) Notices. You agree that Visa may provide you with notices and other disclosures in connection with Luxury Hotels by mail, email, postings on the Website, other forms of electronic communication or other reasonable means. All electronic communications from us to you shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or five (5) days from the date of posting or dissemination. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.
(d) Waiver. Our failure to exercise or enforce any provision or right of these Terms shall not be deemed a waiver of such provision or right.
Any cause of action you may have with respect to Luxury Hotels must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
(f) Indemnification. You agree to indemnify, defend and hold harmless the Visa Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, made by any third party due to, in connection with or arising out of your use of Luxury Hotels or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity. As a part of your indemnification obligations, you agree to indemnify the Visa Parties for any claims or suits arising from User Materials you provide and your use of any Community Feature.
(g) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(h) Disputes. To the fullest extent permitted by law, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with these Terms or Luxury Hotels will be governed by and construed under the laws of Ontario and of Canada, excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of, or connected with these Terms or Luxury Hotels shall be resolved individually, without resort to any form of class action, exclusively within the courts residing within the Province of Ontario, and you waive any jurisdictional venue or inconvenient forum objections to such courts; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of Luxury Hotels, but in no event will attorneys' fees be due or payable; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Luxury Hotels, exploitation of any information or other materials issued in connection therewith, or exploitation of Luxury Hotels or any content or other material used or displayed through the Luxury Hotels.
(i) Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and Visa, and you do not have any authority to create any obligation or make any representation on Visa's behalf.
(j) Assignment. You may not assign these Terms by operation of law or otherwise, without Visa's prior written consent. Visa reserves the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
(k) For questions about your Visa Premium: card, including rewards information or pricing and terms, call the customer service number located on the back of your Visa Premium: card.
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