HolidaysUnlocked Terms & Conditions

1. Who We Are

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, and for no other purposes. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

2. As a condition of your use of this Website, you warrant that:

• You are at least 18 years of age.
• You possess the legal authority to create a binding legal obligation.
• You will use this Website in accordance with this Agreement.
• You will only use this Website to make legitimate reservations for yourself or others you are legally authorized to act for.
• You will inform other persons about the terms and conditions applicable to their reservations.
• All information provided by you on this Website is true, accurate, current, and complete.
• If you have an account, you are responsible for safeguarding your account information and supervising its use.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

3. Intellectual Property

We, along with our corporate affiliates, the Travel Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Website. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-HolidaysUnlocked product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

4. Use of Our Website

You may only use and register to become a user of Our Website or Trips if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a Trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected.

If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.

You may only use Our Website to search for legitimate travel deals; you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission from HolidaysUnlocked:

• Access the site with any manual or automated process for any purpose other than your personal use or for inclusion of HolidaysUnlocked pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
• Violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
• Deep-link to any portion of Our Website for any purpose;
• Use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
• Reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
• Use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
• Post or distribute any material on Our Website that violates the rights of any third party or applicable law;
• Use Our Website to collect or store personal data about others;
• Use Our Website for any commercial purpose; or
• Transmit any ad or promotional materials on Our Website.

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website.

5. Trips

If you use Trips, you are solely responsible for the travel information and other content that you upload, transmit or share with us or others on or through Trips (collectively, the "Trips Information"), and you represent and warrant that you are not transmitting or sharing Trips Information that you do not have permission to share. It is your job to create backup copies and replace any Trips Information you provide us at your expense.

When you provide us with Trips Information or make a booking through HolidaysUnlocked, you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Trips Information. By providing us Trips Information, you represent and warrant that you have the right to give us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate and distribute that Trips Information that we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of (or incorporate into other works) that Trips Information. You may remove your Trips Information from Trips at any time, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing Trips Information. However, we reserve the right to review, edit, or delete any Trips information or your account at any time.

6. Your Intellectual Property Rights

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website (or otherwise through Trips) any materials that violate another person's intellectual property rights. If you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process, and follow the instructions at that area or send us a written notification to the address disclosed in Section 15.

7. Warranty Disclaimer

Our Website, all content and services provided on Our Website and all itineraries that you obtain through Trips are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. HolidaysUnlocked expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

8. Our Liability Is Limited

We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of Trips or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, Trips or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or nonperformance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

9. You Agree to Protect Us

You agree to indemnify, defend, and hold harmless HolidaysUnlocked, our affiliates, and their respective officers, directors, employees, agents, and partners from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (a) your use of and access to the Website or any services provided through Trips; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

10. Arbitration and Waiver

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND HolidaysUnlocked WILL BE RESOLVED THROUGH BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. The arbitration will be conducted in the city of your residence, unless otherwise agreed by the parties. The arbitration decision will be final and enforceable in any court of competent jurisdiction.

11. Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.

12. Termination

We reserve the right to terminate or suspend your account or your access to Our Website at our sole discretion, without notice, for conduct that we believe violates these Terms, or is harmful to other users or third parties, or is damaging to the operation of our Website.

13. Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified or eliminated to the extent necessary to render the Terms valid and enforceable. The remaining provisions shall continue in full force and effect.