We welcome you to Todo Puerto Viejo a subsidiary of Kaleb’s House.
We help users find and book travel experiences, post reviews of their experiences, and participate in interactive travel forums. However, we are not a tour or travel agency nor do we provide such experiences. By making a reservation, you are purchasing the tour, ticket or service directly from the experience provider.
These Terms of Use apply to any use of Todo Puerto Viejo’s services. Please read these Terms of Use carefully, as they contain important information about your legal rights and restrictions on exercising those rights, as well as a section on applicable law and jurisdiction for disputes. By accessing or using Todo Puerto Viejo's services, you indicate that you have read and agree to these Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use the Services.
Use of services
2.1 As a condition of your use of the Services, you represent and warrant that (i) all information provided by you while using the Services is true, accurate, current and complete, and (ii) you are 13 years of age or older. to use the Website. Todo Puerto Viejo does not knowingly collect information from anyone under 13 years of age.
2.2 Todo Puerto Viejo allows the use of the Services only for personal, non-commercial use and/or in order to legitimately request a Reservation of the Offered Products. You agree not to use these Services to speculate or make false or fraudulent requests or Bookings.
2.3 You further represent and warrant that (a) Todo Puerto Viejo is not currently suspended or prohibited from accessing the Services; (b) you are not acting on behalf of a competitor of Todo Puerto Viejo; (c) you will not create more than one Todo Puerto Viejo account; and (d) you have full power and authority to enter into this legally binding agreement and that by doing so you are not in breach of any other agreement to which you are a party.
2.4 We reserve the right, in our sole discretion, to deny access to the Services to any person at any time and for any reason, including, without limitation, violation of these Terms of Use.
2.5 By accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable or inappropriate. Todo Puerto Viejo does not endorse such content and cannot guarantee its accuracy. Therefore, you access and use the Website at your own risk.
Todo Puerto Viejo Accounts
3.1 To use some of the features of the Website and other Services, including when making a Reservation, you will need to create a Viator account and provide personal information. You are responsible for maintaining the confidentiality of your Viator account password and credentials ( “Viator Account Credentials” ). You are also solely responsible for all activities (including Bookings) that occur in connection with your Viator account. You agree to notify us immediately of any unauthorized use of your Viator account.
3.2 Your Viator account is for your personal use only. You may not impersonate another person (for example, adopt the identity of a celebrity), create a Viator account for anyone other than yourself, provide an email address or other personal information other than your own, or create multiple Viator accounts.
3.3 We reserve the right to terminate or suspend your access to your Viator Account or your ability to use the Services, in whole or in part, at our sole discretion, with or without cause, and without notice or liability to any Type. For example, we may terminate or suspend your Viator Account or your ability to use the Services if you misuse the Website. Any such termination or suspension could prevent you from accessing your Viator Account, the Website, User Content (as defined in section 6.1), Website Content (as defined in section 4.1) and/or or any other related content.
3.4 You may cancel your Viator Account at any time; to do so, contact us to request closure of your Viator Account and discontinue your use of all Services. If you close your Viator Account, we may continue to display your previously posted User Content without obligation on our part to remove any of your User Content.
3.5 AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER VIATOR NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED BOOKINGS MADE USING YOUR VIATOR ACCOUNT OR VIATOR ACCOUNT CREDENTIALS; VIATOR; AND (2) UNAUTHORIZED USE OF YOUR VIATOR ACCOUNT AND/OR YOUR VIATOR ACCOUNT CREDENTIALS MAY RESULT IN YOU LIABILITY TO VIATOR AND OTHER USERS.
electronic communications
5.1 When you communicate with us electronically through the Viator website or when you send us emails, text messages and other communications from your desktop computer or mobile device, you agree that we may communicate with you in various ways, such as by email, with automatic notifications in the application or through the publication of notices and messages on the Website. If you would like to unsubscribe from our marketing emails, please email unsubscribe@viator.com. However, we may continue to send you non-marketing messages, such as messages related to your upcoming Bookings.
Contents
6.1 You and other users of the Website can contribute to the Website in a variety of ways, including sending emails, writing reviews, posting content, uploading and posting photos or videos, making comments or suggestions, submitting ideas, filling out public profiles, rating contributions from other users and making other similar contributions and postings on the Website and/or Viator (collectively “User Content”). We may use User Content in a number of different ways, including, but not limited to, displaying it on the Website, modifying it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works to build on it, promote it, distribute it, and enable others to do the same on their own websites, mobile properties, applications, and media platforms.
6.2 By posting your User Content, you grant Viator and its affiliates a worldwide, perpetual, non-exclusive, royalty-free, transferable, fully paid, irrevocable, fully sublicensable license to (a) use, reproduce, modify , adapt, translate, distribute, publish, create derivative works from, publicly display and perform such User Content throughout the world in any media, now known or hereafter invented, for any purpose; and (b) use the name you submit in connection with such User Content. You acknowledge that Viator may choose to attribute your User Content at our discretion. Likewise, You grant Viator the right to bring legal action against any person or entity that infringes your rights or Viator's rights in User Content by breach of these Terms of Use. You acknowledge and agree that User Content is not confidential or proprietary to you. If it is determined that you retain moral rights (including rights of attribution or integrity) in User Content, you hereby represent that: (a) you do not require the use of any personally identifiable information in connection with the User Content or any derivative works or updates to it; (b) you do not object to the publication, use, modification, removal and exploitation of the User Content by Viator or its licensors, successors and assigns; (c) you forever waive and agree not to claim or enforce any rights to any and all moral rights of an author in any User Content; and (d) you forever release Viator and its licensors, successors, and assigns from any claims that Viator might otherwise assert under such moral rights.
6.3 Viator and its affiliates may display advertisements and other supplemental information along with your User Content on the Website. You are not entitled to receive any compensation for such advertisements. The manner, manner and extent of such advertising are subject to change without notice.
6.4 The Website may contain discussion forums, bulletin boards, review services or other forums in which you and other users of the Website may post User Content ( "Interactive Areas" ). Within such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk and responsibility. By using any Interactive Area, you expressly agree not to post, upload, transmit, distribute, store, create or in any way publish, through the Website, any of your Content that:
a. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, scandalous, fraudulent, or otherwise objectionable;
b. constitutes, encourages or provides instructions on how to commit a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any local, state, national or international law, including, without limitation, the regulations of the Securities and Exchange Commission and United States Securities (SEC) or any standard of a stock exchange, including, but not limited to, the New York Stock Exchange (NYSE), the National Association of Stock Dealers on Automated Quotes (NASDAQ), or the Stock Exchange. American values;
c. infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Viator;
and. promotions, political campaigns, advertising, contests, raffles or petitions;
F. contains private information of any third party, including, but not limited to, last names, addresses, telephone numbers, email addresses, social security numbers, and credit card numbers;
g. contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
h. is unrelated to the theme of the Interactive Area(s) in which such User Content is posted; either
Yo. that contains content or links to content that, in Viator's sole judgment, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or prevents any other person from using or enjoying the Interactive Areas or the Website and/or (d) may expose Viator, its affiliates, or users of the Website to damages or liability of any kind.
6.5 You are solely responsible for the User Content you submit. You bear all risks associated with such User Content, including any reliance by any person on its accuracy, completeness, or usefulness, or any personally identifiable information you disclose in such User Content. You further represent that such User Content is your property or that you have the necessary permissions to use it and authorize its use. You have no right to imply that such User Content is sponsored or endorsed in any way by Viator.
6.6 Viator is not responsible or liable for any User Content posted, stored or uploaded by you or any third party, or for any related loss or damage. Viator is also not responsible for any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
6.7 Although Viator has no obligation to review, edit or monitor any User Content, Viator reserves the right, and has absolute discretion, to remove, review, translate or edit any User Content at any time and for any reason without notice. , or have third parties take such actions on your behalf, and you are solely responsible for creating backup copies and replacing your User Content, at your own expense. Viator has no obligation to retain or provide you with copies of your User Content and does not guarantee the confidentiality of your User Content.
6.8 Any use by you of the Interactive Areas or other parts of the Website in contravention of the foregoing will be a breach of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas or of the Website.
Links to third party websites
7.1 The Website may contain hyperlinks to websites operated by providers other than Viator ( "Third Party Sites" ). These hyperlinks are provided for your reference only. The presence of these hyperlinks on the Website does not imply that Viator endorses the material posted on such third party sites or is in any way associated with their operators.
7.2 We do not control Third Party Sites and are not responsible for their content, or the privacy or other practices of their owners and operators.
7.3 It is your responsibility to ensure that any hyperlinks you select and/or software you download (whether from the Website or Third Party Websites, including Software, as defined in Section 8.2) are virus-free.
7.4 In some cases, a Third Party Website may ask you if you wish to link your Viator profile to a profile on that Third Party Website. This is optional and you can do it if you want. If you choose to link your profiles and later wish to disable such linking, you will need to contact the Third Party Website in question.
Website Software
8.1 Software on the Website is also subject to United States export controls. The downloading, export or re-export of any software from the Website is not permitted (a) into the territory of (or by a citizen or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria or any another country on which the United States has imposed an embargo on assets or (b) to any person listed on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the Department's Table of Deny Orders By using the Website, you represent and warrant that you are not a resident, resident, citizen or resident of any such country and are not registered on any such list.
8.2 Any software (including but not limited to HTML, XML, Java and Active X controls) made available for download on the Website (“Software”) is subject to the copyrights of Viator, its affiliates or the third parties mentioned here. Use of such Software will be governed by the terms of the end user license agreement that accompanies the Software (“License Agreement”), if any. Before you can install or use Software that includes a license agreement, you must first accept the terms of the License Agreement. In the event that a Software available for download on the Website does not include a License Agreement, we hereby grant you, the user, a limited license,
8.3 You acknowledge and agree that all Software included on the Website is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited; doing so can carry severe civil and criminal penalties. Violators will be sanctioned to the extent permitted by law.
8.4 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT.
Copyrights and Trademarks
9.1 Except for Third Party Content, the Website and all content on the Website, including without limitation all visual interfaces, interactive features, custom graphics, design, programming code, products, software , Compilation of Other Content (such as Compilation of Third Party Content), and other elements and components of the Website are: ©2019 Viator, Inc. All Rights Reserved. Viator is not responsible for the content contained on websites operated by providers other than Viator. All other product or service names or slogans displayed on the Website (including those on the Products) are registered trademarks or trademarks of Viator, Inc, and/or its suppliers or licensors and may not be copied, imitated or use, in whole or in part, without the prior written permission of Viator or the applicable trademark owner. In addition, the appearance of the website, including all page headers, custom graphics, button icons and scripts, is part of Viator's service mark, trademark and/or trade dress and may not be copy, imitate or use, in whole or in part, without Viator's prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information by trade name, trademark, manufacturer, supplier, or in any other way does not constitute or imply endorsement,
9.2 If you become aware of an infringement related to your brand or our brand, [click here[(https://tripadvisor.mediaroom.com/us-copyright-complaint-policy) and follow the instructions in the Copyright Complaint Policy From author. We will only respond to messages related to trademark infringement matters at the email address ta-copyright@tripadvisor.com.
product reservations
10.1. Viator provides the Platform through which you may enter into a contract with a third party provider of a Product ( “Supplier”). Viator is not a supplier of any Product and the contract for the supply of any Product you book will be made directly between you and the relevant Supplier. In regards to Reservations, Viator acts as a designated agent on behalf of the Provider. Product profiles are an invitation for you to make an offer to a Provider and we may accept or reject such offer on behalf of the Provider. These Terms of Use govern your use of the Services, including your use of the Platform, through which you may make your offers to Providers. However, the supply of the Product you reserve will be subject to the terms and conditions displayed on the Website in relation to that Product, as well as the information provided during the Reservation process and the terms and conditions of the Provider with whom you sign a legal contract for the supply of the Product. 10.2 If you make a Reservation, you indicate that you have read and accept the applicable terms and conditions of the Provider and any other regulations or policies related to the Product (the“Supplier Conditions” ). Notwithstanding the foregoing, in the event that the Supplier Terms conflict with these Terms of Use with respect to your legal relationship with Viator, these Terms of Use shall control. You bear the risk of your interactions with Providers. Viator assumes no responsibility for the acts, omissions, errors, representations, warranties, breaches, or negligence of any Provider or for personal injury, death, property damage, or other damages or expenses resulting from your interactions with any Provider.
10.3 Viator is not a travel agent and does not provide or provide any Experience. Although Viator posts information on the Website about the Products and facilitates Reservations, such actions in no way imply Viator's endorsement or endorsement of such Suppliers or any affiliation between Viator and any other Supplier. Although Viator Members may rate and review certain Products based on their own experiences, Viator does not endorse or recommend any specific Product. You agree that Viator is not responsible for the accuracy or completeness of any information obtained from Suppliers and/or posted on the Website.
10.4 By making a Reservation, you warrant that you are at least 18 years of age, that you have the legal authority to enter into this binding agreement and a binding agreement with the Provider, to use the Services and purchase the Product and that all information you provide is true and accurate. You further agree that you will use the Platform to make legitimate Bookings only for yourself and/or others on whose behalf you have legal authority to act.
Prices
11.1 The price of each Product will be quoted per person, unless otherwise specified.
11.2 Prices are based on the applicable local rate at the time of quote, which is converted at the prevailing exchange rate as determined by Viator. See section 12 for more information on currency conversions.
11.3 Price quotes are subject to change without notice until a Reservation has been made.
11.4 Unless the Provider has specified otherwise, prices do not include any local taxes or usage fees, including international transaction fees, security, port charges, parking fees, customs, immigration, agriculture, service facility charges. passengers or sea freight.
11.5 The Supplier will determine the services that are included. Prices do not include tips; passport and visa fees; baggage and personal insurance; any personal items; taxes or duties; and all beverages or food not specifically declared by Supplier.
currency conversions
12.1 If Viator provides a currency converter, it will be based on exchange rates from various publicly available sources and should be used as a guide only. Rates are not verified and actual exchange rates may vary. Quotes in a specific currency may not be updated daily and Viator and its affiliates do not guarantee their accuracy. Viator will not be liable to you if prices change due to currency fluctuations.
Payments
13.1. When you make a Reservation, Viator collects your payment information and processes the payment as described in section 14. In doing so, Viator acts as the Supplier's limited collection agent, collecting your payment for the applicable Products on behalf of the Supplier. To make a Reservation, full payment is required by credit or debit card, unless otherwise specified. The recipient of the payment will be listed as Viator/Tripadvisor on the statement.
13.2 The value of the Reserve may be subject to taxes, duties, international transaction fees, currency exchange and other fees. Your bank or payment card company may convert the payment into local currency and charge you a fee for it, which may result in differences between the amount displayed through the Platform and the final amount charged to you. Viator recommends that you contact your bank or card company if you have any questions about currency conversion or applicable fees.
Payment Processing
14.1 Subject to these Terms of Use, payment processing services for the Services provided are provided by Viator Limited (on behalf of Viator Inc.), Viator Inc. or Viator Systems Pty Limited, depending on the payment method used to make your payment. Booking. The registered office of Viator Limited is 7 Soho Square, London, W1D 3QB, United Kingdom. The registered office of Viator Systems Pty Limited is Level 5, 219 Cleveland St, Redfern, NSW 2016, Australia.
14.2 In the event that you make a Booking with a credit or debit card and the payment is processed through a European acquirer, the payment processing services will be provided by Viator Limited on behalf of Viator Inc. (Viator Limited is often listed in the bank statement). If you make a Reservation using any other payment method, the payment processing services will be provided by Viator Inc. or Viator Systems Pty Limited (as indicated on the relevant bank statement). If your payment is processed by Viator Limited or Viator Inc., the Terms of Use constitute an agreement between you and Viator Inc. If your payment is processed by Viator Systems Pty Limited, the Terms of Use constitute an agreement between you and Viator Systems Pty Limited and the Services are provided to you by Viator Systems Pty Limited.
Modifications or cancellations made by you
15.1 Once you have purchased a Product, you may not cancel or amend the Reservation with a refund, unless otherwise specified in the terms and conditions applicable to that Product.
15.2 The standard cancellation policy allows you to request a change and/or cancel a Reservation up to 24 hours before the Reservation start time. If the Experience does not have an explicit start time, the deadline to request a change or cancel the Reservation will generally be 11:59 p.m. two days before the start date. Hours are calculated according to the time zone of the Experience.
15.3 If a product is designated as 'Non-refundable' or a similar message (including but not limited to all group bookings made through our Group Bookings Department), it will not be refundable and it will not be possible to change or cancel it after making the Reservation. A minority of Products have other different cancellation policies. In all cases, you must consult the cancellation policy that is included in the profile of the corresponding Product at the time of making the Reservation. This policy is what establishes and applies the cancellation and refund conditions.
15.4 Notwithstanding the provisions of sections 15.2 and 15.3, (a) requests to modify and correct a Reservation, including date change requests (collectively, “Change Requests” ) must be made online through from the “Manage my booking” section of the Website; and (b) if it is possible to implement a Change Request, Viator will not charge a fee for doing so, provided that we receive the request within the deadline specified in the Product profile. Please note that a Provider may charge a fee to handle a Change Request; in such circumstances, you will be required to pay such fee in order for Viator to successfully process your Change Request.
15.5 Viator will process all Change Requests based on availability and acceptance by the applicable Provider. Viator does not guarantee that a Change Request will be successful. To the extent Provider is unwilling or unable to accept such Change Request, your right to a refund (if any) will be governed by the cancellation terms of your Reservation.
15.6 If you use a promotional code or accept a discount or reduced price during the payment process for a Reservation, such discount or reduced price may be invalidated if you make a Change Request after the Reservation.
15.7 It will not be possible to receive any refund once the Experience has started or when you have started using a package, accommodation, food or any other service of a Product.
Other modifications and cancellations
16.1. A Supplier may, from time to time, make changes to a Product after your purchase, including, but not limited to, date, price, included services, coverage, age requirements and/or any other features and/or or Product requirement. As a result, Viator (on behalf of the Supplier) reserves the right to cancel, modify or substitute a Product that you have purchased at any time and for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change in the itinerary) and you are not satisfied with the alternative offered, you will be entitled to a full refund of the purchase price. original.
16.2 We reserve the right to decide, in our sole discretion, that it is necessary or desirable to protect our interests, the interests of the Provider and/or your interests, to withdraw our Services, which may result in the termination of the cancellation policy of the Provider. Product and the effective cancellation of a Reservation. We may also determine, in our sole discretion, whether to refund all or part of amounts charged to you. You agree that we and the applicable Provider are not responsible for any such cancellations or refunds.
Passports, visas and insurance
17.1 When you make a Booking, you are responsible for ensuring that you comply with all foreign entry requirements and that your travel documents, including passports and visas, are in order.
17.2 For information regarding applicable passport and visa requirements, please consult the relevant embassy or consulate. Such requirements may change at any time and it is your responsibility to check for the latest information before making a Reservation and prior to your departure. Viator accepts no responsibility in the event that a person is denied access to a flight or to any country, including countries through which the person passes on the way to his destination.
17.3 As health and visa requirements are subject to change without notice, Viator recommends that you verify visa and health requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your doctor for the current recommendations regarding vaccinations before traveling abroad and to ensure that you meet all health requirements to enter the country in question and follow all medical guidelines related to your travel abroad. trip.
17.4 Viator strongly recommends that you take out a comprehensive travel insurance policy prior to your departure to ensure the purchase of your Product. If you cancel your trip or change your travel dates significantly, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please read the travel insurance policy carefully for its terms and conditions.
17.5 Most travel, including travel to international destinations, is completed without incident. However, travel to certain destinations may carry higher risk than others. Viator encourages customers to review and review travel prohibitions, advisories, advisories and advisories issued by the United States government and the governments of destination countries before booking travel to international destinations. To find information about conditions in certain countries and the level of risk of travel to specific international destinations, visit www.state.gov , www.tsa.gov , www.dot.gov , www.faa.gov , www.cdc .gov , www.treas.gov/ofacand www.customs.gov .
17.6 VIATOR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO A PARTICULAR DESTINATION IS ADVISABLE OR FREE OF RISK AND IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Our responsibility
18.1 READ THIS SECTION CAREFULLY. THIS SECTION DESCRIBES VIATOR'S LIMITATION OF LIABILITY TO YOU FOR PROBLEMS THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS SET FORTH IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF USE, CONSULT AN ATTORNEY TO ASK YOUR QUESTIONS BEFORE ACCESSING OR USING THE SERVICES.
18.2 THE INFORMATION, CONTENT, SOFTWARE, PLATFORM AND SERVICES PROVIDED BY VIATOR MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING ERRORS IN RESERVATION AVAILABILITY OR PRICING. VIATOR, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES ( COLLECTIVELY “VIATOR GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF THE CONTENT AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, THE PRICE, AVAILABILITY, PHOTOGRAPHS, FEATURES, SERVICES INCLUDED AND NOT INCLUDED, THE GENERAL DESCRIPTIONS OF THE PRODUCTS, THE OPINIONS, THE SCORES, ETC. FURTHERMORE, VIATOR EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS AND/OR BOOKINGS MADE WHICH ARE WRONGLY PRICED.
18.3 THE VIATOR GROUP COMPANIES DO NOT WARRANT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS AND OTHER SERVICES FOR ANY PURPOSE AND THE INCLUDED SERVICES OR ANY PRODUCT OR SERVICE OFFERINGS DO NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY VIATOR GROUP COMPANIES. SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VIATOR GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIATOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS AND SERVICES,
18.4 SUPPLIERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF ANY VIATOR GROUP COMPANIES. VIATOR GROUP COMPANIES ARE NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, INFRINGEMENTS, NEGLIGENCE OR MISCONDUCT OF ANY SUCH PROVIDER OR FOR ANY RESULTING PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES. OF OR ARISING OUT OF ANY RESERVATION OR USE OF A PRODUCT. VIATOR GROUP COMPANIES SHALL NOT BE HELD RESPONSIBLE OR MAKE ANY REFUND IN THE EVENT OF DELAY, CANCELLATION, OVERSALE, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, NOR ARE THEY RESPONSIBLE FOR ANY ADDITIONAL COSTS, OMISSIONS, DELAYS, CHANGES OF ROUTE OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
18.5 IN NO EVENT SHALL THE VIATOR GROUP COMPANIES (OR ANY OF ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INFORMATION OR COSTS TO OBTAIN REPLACEMENT GOODS OR SERVICES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH A PRODUCT OR A RESERVATION OR YOUR ACCESS, VIEWING OR USE OF THE SERVICES BASED ON THE ASSUMPTION OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHERWISE, EVEN IF VIATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.6 If a Viator group company is held liable for any loss or damage arising out of or in connection with the use of the Services or a Booking or use of a Product, the Viator group companies obligations shall in no way exceed case the total of (a) the amount paid to Viator in connection with the Reservation giving rise to the claim or (b) one hundred dollars (100.00 USD).
18.7 The limitation of liability described in this section 18 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 of Use is found to have failed of its essential purpose. The limitations of liability set forth in these Terms of Use inure to the benefit of the Viator group of companies.
your responsibility
19.1 You agree to defend and indemnify Viator and Viator Group Companies, as well as their respective officers, directors, employees and agents from any and all claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties , fees, expenses, costs or other liability of any kind or nature, including, without limitation, costs and fees for legal and accounting services, arising from or related to:
a. your breach of these Terms of Use or the documents referenced herein; b. your failure to comply with any law, rule, regulation or guideline; c. your breach, infringement, or misappropriation of any third party's rights, including, without limitation, rights of publicity or privacy; d. your use of the Services (including the Website); and. your use of the Reservations or any Product; or f. negligence or inappropriate conduct.
Carefree Shore Excursions
20.1 In the case of Products described as “Worry-Free Shore Excursion”, if you (a) purchase such Product for redemption at a particular port of call, and (b) the relevant Supplier fails to return you to the ship at boarding time, Viator (subject to sections 20.2 and 20.3) will arrange the necessary transportation to the next port of call.
20.2 The policy described in this section 20.1 - 20.4 applies as long as the reasons why you do not return to the ship in time for boarding are beyond your control, ie not due to your actions or omissions. The policy will become invalid in cases where the reasons for the delay are due to your own actions and/or you have deviated from the Experience you booked.
20.3 In order to benefit from this policy, you must provide Viator with the correct arrival and departure information for your ship and ensure that there is sufficient time (minimum two hours) between the time the experience ends and the ship's departure time. boat. Please contact Viator directly as soon as possible to request transportation reservations to the next port of call, as doing so on your own may void this policy.
20.4 Subject to your eligibility, Viator will facilitate the booking of travel to the next stop on the journey (not to exceed a charge of USD 1,000 per person).
20.5 In addition to the protection provided under section 20.1 - 20.4, if your cruise ship cancels a stopover or is delayed from the start time of your Worry-Free Shore Excursion, simply contact Viator within a maximum period of 14 days. When the actual cruise itinerary is confirmed, we will refund the amount.
Viator Tickets
21.1. For each Product you book, you will receive one Viator-branded ticket (or Supplier receipt) (both a “Ticket” ) for each product you book, and such Ticket will be issued in the name of the applicable Supplier. To access and print your Ticket, you will be directed to a secure web page owned by Viator that contains a link to your Ticket. For certain Reservations, you will receive an electronic ticket in addition to or instead of the paper ticket.
21.2 In order to redeem your Product, you must provide the original and genuine Ticket to the relevant Provider. The Reservation cannot be validated or redeemed without a valid Ticket. Please read the terms and conditions relating to your Booking in order to understand the Supplier's requirements by submitting the Ticket.
21.3 For security reasons, you must present a valid photo identification document and sign the Ticket when redeeming it.
21.4 In some cases, a Supplier may also require you to present the payment card used to purchase the Product at the time of redemption. This generally applies to attraction and show tickets. At the time of purchase, you should be informed as to whether or not this is a necessary requirement. If you have questions about this requirement, please contact Viator's Customer Service team.
General disposition
22.1 You agree that no joint venture, agency, partnership or employment relationship exists between you and any of the Viator Group Companies as a result of these Terms of Use or your use of the Services.
22.2 Viator's compliance with these Terms of Use is subject to existing laws and legal process and nothing in these Terms of Use limits Viator's right to comply with law enforcement or other governmental requests or requirements, or laws related to the use of the Services or the information Viator provides or collects in connection with such use. To the extent permitted by applicable law, you agree that you will bring any claim or cause of action arising out of or related to your access to or use of the Services within two (2) years from the date the gives rise to such claim or cause of action; otherwise, such claim or cause of action will be irrevocably waived.
22.3 If any part of these Terms of Use is found to be invalid or unenforceable under applicable law, including without limitation the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision shall be deemed superseded by the valid and enforceable provision that most closely approximates the intent of the original provision, and the remaining provisions of these Terms of Use shall remain in effect.
22.4 These Terms of Use (and the other terms and conditions mentioned herein) constitute the entire agreement between you and Viator with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Viator regarding the Services. The paper version of these Terms of Use and any other notices issued in electronic form may be admitted in judicial or administrative proceedings based on or related to these Terms of Use to the same extent and subject to the same conditions as other commercial documents and records. that were originally generated and issued in print.
22.5 All rights not expressly expressed in this document are reserved.
Jurisdiction and applicable law
23.1 The Services are provided by a US entity and these Terms of Use are governed by the laws of the Commonwealth of Massachusetts, USA. You hereby agree to submit to the exclusive jurisdiction of the courts located in Boston, Massachusetts. , USA and provides for the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Services. You agree that all claims you may have against Viator arising out of or related to the Services must be brought and resolved in a court of competent jurisdiction located in Boston, Massachusetts.
23.2 Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The foregoing shall not apply to the extent that the applicable law of your country of residence requires the application of another law and/or jurisdiction, and this cannot be excluded by contract.