GLAD (GLobal ADventure) Travel Terms of Use
Last updated:October 7, 2006
Welcome to GLAD!
Please read the following Terms of Use ("terms") closely before using our
website. By accessing, browsing and using this website, you acknowledge that
you have read, understood and agree to comply with the terms stated here. If
you do not agree with any part of these terms, YOU MUST NOT USE THIS SITE. GLAD
may at any time modify these terms, and your continued use of this website will
be conditioned upon the terms in force at the time of your use.
For the absolute avoidance of all doubt, it is agreed that no reservation
contract shall exist between GLAD and you, the customer. In the event that you
the customer proceed to book lodging with the lodging supplier then any
contract which you the customer enter into is entered into strictly between you
the customer and that lodging supplier subject to the reservation conditions of
that lodging supplier. It is your responsibility as the customer to fully
acquaint yourself with the conditions of that lodging supplier prior to
booking, and that they are acceptable to you.
Booking Conditions
Booking Conditions: Making a Reservation
Booking Conditions: Reservation Confirmation
Booking Conditions: Cancellations
No Liability
The Website as Intermediary
Use Restriction
License
No Liability in Credit Card or Debit Card Transactions
No Unlawful or Prohibited Use
Responsible Party
Age & Responsibility
Electronic Communications
Links to Third Party Websites
Copyright Notice
Privacy
Termination
Availability
Viruses
International Travel
Indemnification
Disputes
Waiver
Entire Agreement
Contact Information
Booking Conditions
Lodging suppliers have several options in which to participate:
a) Partner Level A: provides real-time availability and booking for you, the
customer.
b) Partner Level B: provides delayed booking, whereas you make a booking
request and the lodging supplier has 48 hours to approve or decline your
request.
c) Partner Level C: no online booking but information is provided whereas you
may contact the supplier directly.
The partnership level is clearly indicated on search results and the detailed
information pages for each lodging supplier. Separate terms and conditions will
apply to your reservation depending on which lodging provider you select. You
agree to abide by the terms or conditions of purchase imposed by any supplier
with whom you elect to deal, including, but not limited to, payment of all
amounts when due and compliance with the supplier's rules and restrictions
regarding availability and use of products or services. You understand that any
violation of any such supplier's conditions of purchase may result in
cancellation of your reservation(s) or purchase, in your being denied access to
lodging, or in your forfeiting any monies paid for such reservation(s) or
purchase. You shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of your use of this website, and, without
limitation, you shall be responsible for all charges, fees, duties, taxes, and
assessments arising out of transactions performed by others on your behalf,
whether or not such uses were performed with your consent.
Booking Conditions: Making a Reservation
On making a reservation, you shall pay a non-refundable deposit (being a fixed
percentage of 10% of the total value of your reservation) together with a flat
reservation fee ($2.00 per reservation). For Partner Level A, this is charged
immediately and a reservation confirmation is displayed. For Partner Level B,
you are charged only if and when the lodging supplier accepts your booking
request.
After making a reservation, you will be responsible to the lodging supplier for
payment of the balance of the cost of lodging booked by you together with the
payment of charges for any additional services subsequently contracted for with
the lodging supplier. Some lodging providers require some or all of this
payment before you arrive.
You must use a credit card or debit card to guarantee a reservation. In the
event that sufficient funds are not available through your credit card to
complete a proposed reservation, then such reservation shall be null and void.
The same provision applies in the event that your credit card has passed its
expiry date or at, GLAD's discretion, the transaction is deemed questionable.
By making a reservation with your credit card or debit card, you agree that in
the event that you do not arrive by your agreed check-in time, you authorize
the lodging supplier to charge to your credit card or debit card without
further reference to you an amount not exceeding one night's charge. Your
non-arrival by the agreed check in time will result in the cancellation of your
entire reservation. Any amendments to your reservation must be notified to and
agreed with the lodging supplier directly.
In making a reservation, it shall be your responsibility to disclose to the
lodging supplier any physical or mental condition to which you or a member of
your party is subject to and of which the lodging supplier should be notified
and which may require special facilities.
Booking Conditions: Reservation Confirmation
GLAD will issue the reservation confirmation on behalf of the lodging supplier
for each reservation, but does not undertake to include all charges for
additional services or complete details of the room charge. GLAD strongly
recommends you check and confirm with the lodging supplier the precise terms
and conditions upon which the lodging supplier makes the reserved service
available to you upon receipt of the booking confirmation. The reservation
numbers included on the booking confirmation should be quoted in all inquiries,
cancellation or modification of the reservation.
Booking Conditions: Cancellations
GLAD does not accept responsibility for cancellations by you or by the lodging
supplier regardless of the circumstances in which the cancellation is made.
GLAD shall not accept any liability for losses, additional expenses or any
claim whatsoever due to changes in lodging or other travel services, sickness,
weather, strikes or any other cause. All such losses, additional expenses or
claims will be borne by you unless otherwise agreed between you and the lodging
supplier.
No Liability
You should note that GLAD does not warrant that the information published on
this website will be error free and in using this website you acknowledge that
the lodging details and all other information including information relating to
travel services published on this website may include inaccuracies or
typographical errors. While GLAD makes all reasonable efforts to ensure that
the travel services listed are of reasonable standard the listing of any travel
services in the website is not and should not be taken as a recommendation from
GLAD or a representation that the travel services will be suitable for the
user's purpose. GLAD shall in no way be liable to you in the event that the
travel services are not suitable for your purpose. In particular, GLAD and its
affiliates do not guarantee the accuracy of, and disclaim liability for
inaccuracies relating to, the lodging photographs, lodging property
descriptions, and lists of lodging property amenities displayed on this
website, much of which information is provided by the lodging supplier. GLAD,
its affiliates, and/or their respective suppliers may make improvements and/or
changes on this website at any time.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLAD-INCLUDING ITS
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR
PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES")-BE LIABLE FOR ANY INJURY,
DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER
BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY
CONNECTED WITH ANY USE OF THIS WEBSITE OR WITH ANY DELAY OR INABILITY TO USE
THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED
THROUGH THIS WEBSITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Further, the covered parties accept no responsibilities for any damage and/or
delay due to supplier cancellations, shortages, sickness, pilferage, labor
disputes, machinery breakdown, quarantine, government restraints, weather or
any other causes beyond the covered parties' control. No responsibility is
accepted for any additional expense, omissions, delays, re-routing or acts of
any governmental authority. No covered party shall be responsible for any
supplier's breach of any warranty including, but not limited to, implied
warranties of fitness for a particular purpose or of merchantability; nor shall
any covered party be responsible for any other wrongdoing of a supplier
(including any liability in tort), as to any products and/or services available
through this website. No covered party shall be responsible for any supplier's
failure to comply with these terms, nor for any supplier's failure to comply
with applicable federal, state and local law including, without limitation,
laws governing the sale, warranty and return of perishables.
The Website as Intermediary
WE ARE ACTING AS AN INTERMEDIARY OR AS A REPRESENTATIVE FOR SUPPLIERS OF
LODGING GOODS AND/OR SERVICES BY PROCESSING RESERVATION REQUESTS AND BY ISSUING
CONFIRMATIONS ON BEHALF OF LODGING SUPPLIERS BASED ON INFORMATION THE SUPPLIERS
HAVE PROVIDED. WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY
ACTIONS OR OMISSIONS ON THE PART OF LODGING SUPPLIERS, WHICH RESULT IN ANY
LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR TRAVEL COMPANION(S). WE DO
NOT GUARANTEE ANY OF SUCH SUPPLIERS'S RATES, BOOKINGS, RESERVATIONS, OR OTHER
PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF
TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM INSOLVENCY OR
BANKRUPTCY OF ANY LODGING SUPPLIER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR
SOCIAL UNREST, WAR, TERRORIST ACTIVITIES, LABOR PROBLEMS, MECHANICAL OR
CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL
CONDITIONS, AND/OR EVENTS OF "FORCE MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE
CONTROL).
No Warranties
All products, services, advice, merchandise and information available through
this website are provided on an "as is," "as available" basis without
warranties of any kind, either expressed or implied, other than those imposed
by law, including but not limited to, warranties of title or implied warranties
of merchantability, satisfactory quality or fitness for a particular purpose.
Without limiting the above, no warranty or guarantee is made (i) regarding the
acceptance of any request; (ii) that a user will receive the lowest available
price for goods and/or services available through this website; (iii) regarding
the availability of products and/or services through this website or, where
applicable, at any participating retailer or retailer location; (iv) that use
of this website and all software, products or services associated with this
website will be error-free; (v) regarding the results that may be obtained from
the use of this website; (vi) regarding the completeness, accuracy, reliability
or quality of any information, content, data, service, advice or merchandise
provided or available through this website; or, (vii) regarding the performance
or non-performance of this website including, but not limited to, any
performance or non-performance in connection with or as a consequence of the
passage of time. You expressly agree that the use of this website is at your
sole risk.
Use Restriction
This website is intended for personal, noncommercial use. You may only use this
website to make legitimate requests to book the products or services offered,
and shall not use this website to make any speculative, false or fraudulent
requests, or any requests in anticipation of demand. You may not use robots or
other automated means to access this website, unless specifically permitted by
GLAD. You represent that you are of sufficient legal age to create binding
legal obligations for any liability you may incur as a result of your use of
this website. You agree to promptly update your membership information (if
applicable) in order to keep it current, complete and accurate.
License
GLAD grants you a limited, personal, nontransferable, non-sublicensable,
revocable license to access and use the website only as expressly permitted in
these terms. Except for this limited license, we do not grant you any other
rights or license with respect to this website; any rights or license not
expressly granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use the
website only for your personal, non-commercial use, and not to provide services
to a third party. It is a violation of law to place a request in a false name
or with an invalid credit card. Please be aware that even if you do not give us
your real name, your Web browser transmits a unique Internet address to us that
can be used by law enforcement officials to identify you. Fraudulent users will
be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print hard-copy portions of
this website for the sole purpose of using this website as a shopping resource.
Any other use of materials or content on this website, including reproduction
for a purpose other than that noted above without GLAD's prior written consent
is prohibited.
No Liability in Credit Card or Debit Card Transactions
GLAD makes all reasonable efforts to ensure that all credit card and debit card
transactions are secure. However, if unauthorized charges appear on your credit
card or debit card statement for any card used on this website at any time
during or after you make your reservation, conduct your transaction or disclose
your card details on this website, GLAD shall not be liable or responsible in
any way in respect of any damage or loss of whatsoever nature suffered by you
arising from or in any way connected with said use, transaction or disclosure,
subject only to any statutory rights which you may have.
No Unlawful or Prohibited Use
As a condition of your use of this website, you undertake to GLAD that you will
not use this website for any purpose that is unlawful or prohibited by these
terms.
Responsible Party
You are responsible for maintaining the secrecy of your member ID and password.
This is essential to protect the confidentiality of any information that may be
stored in "My GLAD" folder. In addition, you will be financially accountable
for all use of our website by you and anyone using your password and login
information.
Age & Responsibility
You confirm that you are of sufficient legal age to use this website and to
create binding legal obligations for any liability you may incur as a result of
the use of this website. You understand that you are financially responsible
for all uses of this website by you and those using your login information.
Electronic Communications
You communicate with GLAD electronically whenever you visit glad.com or send
emails to us. You consent to receive communications from GLAD electronically
and by fax. You agree that all notices, disclosures, agreements and other
communications that we provide to you electronically or by fax satisfy any
legal requirements that communications be in writing.
We encourage you to share your comments and questions with us, but we may not
be able to respond to all of them. Please note that we assume no responsibility
for reviewing unsolicited ideas for our business (like product or advertising
ideas), and will not incur any liability as a result of any similarities
between those ideas and materials that may appear in future GLAD programs.
Also, please remember that you are responsible for whatever material you submit
and that you, not GLAD, have full responsibility for any message that you send,
including its reliability, originality and copyright. Please do not reveal
trade secrets or other confidential information in your messages. Any, and all,
rights to materials and ideas submitted to us become the exclusive property of
GLAD.
By sending us a message, you agree to have it and your name posted for public
viewing, both on the website and in other GLAD promotional and advertising
materials without compensation. None of the covered parties are responsible for
any errors or delays in responding to a request caused by an incorrect email
address provided by you or other technical problems beyond their control.
Links to Third Party Websites
Our website contains links to websites operated by parties other than GLAD.
Those links are provided to you for your reference and convenience only. We do
not own or control the content of those websites and are not responsible for
their content or your use of them. We do not endorse the content of any of
those websites.
Copyright Notice
You, the user, acknowledge that all content included on this website,
including, without limitation, the information, data, software, photographs,
graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps,
designs, icons, written and other material and compilations (collectively,
"content") are intellectual property and copyrighted works of GLAD and/or
various third-party providers. Reproductions or storage of content retrieved
from this website, in all forms, media and technologies now existing or
hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of
the United States Code.
Privacy
You confirm that you have read, understood and agree to the GLAD Privacy
Policy, the terms of which are incorporated herein, and agree that the terms of
such policy are reasonable and satisfactory to you. You consent to the use of
your personal information by GLAD, its third-party providers, and/or
distributors in accordance with the terms of and for the purposes set forth in
the GLAD Privacy Policy. If you are not a resident of the United States, please
note that the personal information you submit to the website will be
transferred to the United States and processed by GLAD in order to provide this
website and its services to you, or for such other purposes (as set forth in
the Privacy Policy). GLAD makes no representation or warranties with regard to
the sufficiency of the security measures used for data handling and storage.
GLAD will not be responsible for any actual or consequential damages that
result from a lapse in compliance with the GLAD Privacy Policy because of a
security breach or technical malfunction.
Termination
GLAD, in its sole discretion, may, at any time and without advance notice or
liability, terminate or restrict your access to all or any component of our
website, even if access continues to be allowed to others. Upon such
termination or suspension, you must immediately discontinue use of the website,
and destroy any copy you have made of any portion of the website. Accessing the
website after such termination, suspension, or discontinuation shall constitute
an act of trespass. GLAD shall not be responsible to you to such suspension or
termination.
Availability
We will use our reasonable commercial efforts to keep our website available on
a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for
maintenance, unscheduled maintenance, and system outages. We cannot promise
that access to the website will be uninterrupted or available at all times. We
assume no liability or responsibility for any delay, interruption, or downtime.
Content
The content is intended for information purposes only. Although we exercise
reasonable efforts to ensure their quality and accuracy, there might be errors,
or the information provided may not be complete, current, or applicable to your
particular situation. You should not take any action based on information on
this website until you have received a confirmation of your transaction. If you
have not received a confirmation of your purchase via e-mail, first look into
your "spam" or "junk" folder to verify that it has not been misdirected, and if
still not found, please contact our customer service department. The contact
information is provided below.
Viruses
We make reasonable attempts to exclude viruses from the website, but cannot
ensure that the website will be at all times free from viruses or other
destructive software. You are urged to take appropriate safeguards before
downloading information from the website. We assume no responsibility for any
damages to computer equipment or other property that may result from use of the
website or downloading anything from the website.
International Travel
Although most travel, including travel to international destinations is
completed without incident, travel to certain destinations may involve greater
risks than others. We urge you to review and evaluate travel prohibitions,
warning, announcements, and advisories issued by the government and the
aviation administration before booking travel to international destinations.
Information on conditions in various countries and the level of risk associated
with travel to particular international destinations can be found on public
sites such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov,
www.cdc.gov, www.treas.gov/ofac, and www.customs.gov
By offering for sale travel to particular destinations, GLAD does not represent
or warrant that travel to such point is advisable or without risk. GLAD does
not accept liability for damages, losses, or delays that may result from
improper documents for entry, exit, length of stay, or from travel to such
destinations.
Indemnification
You agree to defend and indemnify GLAD, its affiliates, and/or their respective
suppliers, and each of their respective officers, directors, employees and
agents from and against any claim, cause of action or demand, including without
limitation reasonable legal and accounting fees, in excess of the liability
described above, in any action filed or commenced by any third party against
GLAD as a result of (1) your breach of these terms or the documents made part
of these terms by reference, (2) your violation of any law or the rights of a
third party or (3) your use of our website.
Disputes
The laws of the State of Hawaii (USA), without regard to its conflict of law
rules, will govern these terms. You hereby agree that any dispute arising from
or relating to the use of this web site or lodging reservations made through
us, will be subject to nonbinding mediation, initiated at the request of either
party, and if mediation does not resolve the dispute within 60 days, all
disputes will be submitted to binding arbitration under the commercial rules of
the American Arbitration Association. The arbitration shall be conducted in
Oahu, Hawaii, USA, before neutral arbitrators. If you take any legal action
relating to your use of our site or these terms, you agree to file such action
only in the state and federal courts located in Oahu, Hawaii (USA). In any such
action or any action we may initiate, the prevailing party will be entitled to
recover all legal expenses incurred in connection with the action, including
but not limited to costs, both taxable and non-taxable, and reasonable
attorneys' fees. Use of this web site is unauthorized in any jurisdiction that
does not give effect to all provisions of this agreement, including, but not
limited, to this paragraph. We reserve the right to comply with law enforcement
requests or requirements relating to your use of this website or information
provided to or gathered by GLAD with respect to your use of this website.
Waiver
GLAD's failure to enforce at any time or for any period any one or more of the
Terms shall not be a waiver of them or the rights attaching to any of them.
Entire Agreement
Your acceptance of these terms and your use of the website do not create a
joint venture, partnership, employment, or agency relationship with us. You may
not assign, delegate, or transfer your rights or obligations under these terms.
These Terms of Use, together with the Privacy Policy and those terms
incorporated herein or referred to herein, constitute the entire agreement
(collectively, the "agreement") between you and each covered party relating to
the subject matter hereof, and supersedes any prior understandings or
agreements (whether oral or written) regarding the subject matter, and may not
be amended or modified except in writing or by making such amendments or
modifications available on this website. If any provision of this agreement is
found to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions will not in any way be affected or
impaired. The headings in these terms are for your convenience and reference;
they do not limit or affect these terms.
Contact Information
If you have any questions or concerns about these terms or if you need further
assistance with respect to access to or use of the website or the services
offered by GLAD, you may contact our customer service department as indicated
below. We will attempt to respond to your questions or concerns promptly after
we receive them.
Email us through our contact form.
Mailing address & Telephone: In order to keep customer service costs low,
we require that you email first to get a mailing address and/or phone number.
Thanks for your understanding.
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