Hotelopia

This website (the “Website”) belongs to TravelStack, Inc. (hereinafter and d/b/a "Hotelopia"), a company incorporated under the laws of Delaware with its principal place of business at 5950 Hazeltine National Drive, Suite # 405, Orlando, FL 32822. The content of the Website is directed solely at consumers (hereinafter referred as “you” or “your”) who book the product through Hotelopia. For the avoidance of doubt, “you” and “your” means all persons named on your booking confirmation and in your travel party (including anyone who is substituted or added at a later date).

Hotelopia acts as an independent agent only in respect of all bookings that we make or other services provided. Hotelopia accepts no liability in relation to any contract you enter into or for any service that you book at a certain price, up to when the booking has been confirmed and payment is received by Hotelopia.

Any booking that you make through this website is conditional on you accepting these Terms and Conditions, as well as the Website Terms of Use, Privacy Policy and Cookie Policy (collectively with these Terms and Conditions, the “Terms”) from Hotelopia. By visiting, using or making a booking via the Website, you expressly consent and agree to be bound by the Terms and all applicable laws and regulations that govern the Website and your booking. If you do not agree to be bound by the Terms, you must not proceed with your booking.

We reserve the right to update or amend these Terms at any time prior to you completing your booking. An up-to-date copy of these Terms and Conditions is accessible on our website at Terms and Conditions. The Terms and Conditions as listed online when completing your booking are those that control.

1. LEGAL AGE AND RESPONSIBILITY

To confirm the booking, you accept and ensure that:

• • You are over the age of 18 and have full legal capacity and sufficient authorization to make bookings and to accept and do accept on behalf of your party these Terms.

• • You have the consent of any person, different from you, that might be named in the booking, as well as the authorization of the parents of any persons under 18 years of age that are taking part of it.

• • All persons travelling have accepted the Terms. You will assume responsibility for informing all persons travelling with regards to relevant and other pertinent details.

• • Review of the service provider site is required for specific age restrictions relating to each reservation.

• • Notwithstanding the statements set out in our Privacy Policy, you are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.

• • You will be responsible for any payments related to it, including cancellation or amendment charges.

• • You hereby guarantee that all the personal information provided in the process of reservation and registering for the service is correct. Likewise, you accept the financial responsibility for all transactions made in your name or via your bank account.

• • You are also responsible for notifying us prior to the time of booking of any personal circumstances and needs of any person included in the booking including, without limitation, whether any such person requires additional assistance.

 

2. HOW TO BOOK AND CONTRACT SERVICES VIA HOTELOPIA

Select your destination, dates, along with the accommodation, transfer or ticket provider of your choice on our Website.

During the booking process, Hotelopia will request personal data such as your name, surname or credit card details. All of the data collected will be treated in accordance with the Hotelopia Privacy Policy. Such data will be used to facilitate and enable the recruitment and booking of specific services that your request entails. Please make sure that the details entered are correct.

You will be asked to provide information necessary to carry out payment, which will have to be made by credit card through a payment gateway specifically established for this purpose. Payment transactions on the Website are encrypted by a secure payment system endorsed by some of the world's leading banks and payment solutions companies. For further information, please see the 'Payment Details' section.

You give your consent by clicking on the 'Book' button at foot of the page on which you are requested to provide payment details. Given the nature of online transactions, you hereby acknowledge the impossibility of signing the letter of payment, understood as the document by means of which consent is normally given to a transaction. For this reason, you accept not to sign any electronic transaction generated as a result of booking via Hotelopia.

Such confirmation will be sent electronically to Hotelopia who shall be in charge of storage and conservation to guarantee the process. Confirmation of the purchase by a service provider implies, in any case, the binding of a contract and the undertaking by you to pay the established amounts. Once you have given your consent, a page will open confirming the purchase and you will receive an e-mail containing information in this regard.

If you make any mistakes during the booking process, you can identify and correct them before completing your booking, but if you have already made your booking, please send an email to Support.english@hotelopia.com or please call using the telephone number which appears under “contact us” section of our website.

Once the booking is made, we will supply you with a written copy of the booking confirmation which, together with the Terms, forms part of the Agreement made between us and you and which confirms to you all the details regarding your holiday. You must print and present this confirmation when you arrive at the establishment where the service(s) is/are offered, or when it/they commence(s). Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations.

3. THE PRICE YOU PAY

The price that you will pay when you confirm your booking includes:

• •The total cost of the services specified on the booking confirmation voucher (Please note complementary services are not included and may be subject to a fee payable on the spot as a consequence of their use), such as:

• •Accommodation: local city or tourism taxes, air conditioning, safety deposit boxes, television remote control, spa facilities, pool or beach towels, daily car parking, entertainment and activities away from your accommodation, highchairs, cots, babysitting services, meals, rooms service, mini bar, TV/Satellite TV, telephone calls, sea views, sun loungers, jacuzzi, sauna, table tennis, billiards and darts).

• •Transfer: may not include special equipment such as sporting equipment (golf, clubs, skis, windsurf boards, etc.) and electric wheelchairs, of which will be subject to a surcharge.

• •Current Resort Fees: In case that you are staying in a resort, please refer to the 'Hotel Info' section in order to get further information concerning this question.

• •Please contact our customer services team prior to booking to discuss your requirements.

• •Taxes. Please note the price of you booking may not include all local fees which will be payable locally. We will do our best to include an indication of the type of additional fees which you may still have to bear.

• Certain countries have a local tax, known as 'occupation tax' or 'tourist tax', which must be paid directly by the end user at the accommodation provider or at the airport (i.e. The Russian tourist tax must be paid by the end user at the first hotel that they stay at in the country).

Most accommodation suppliers may request you upon arrival holding deposit on a credit or debit card for incidental charges incurred during the stay (such as: long distance telephone charges, room service, resort fees, in-room movies, damage or theft of hotel property, mini bar usage and other such hotel amenities).

4. CURRENCY CONVERSION AND BANK FEES

The published prices on our Website are in the local currency corresponding to the market and language selected by you.

Currency rates are based on various publicly available sources and are not updated daily; as such, they cannot be guaranteed as completely accurate and should be used as guidelines only. Actual rates may vary, and you may wish to verify these with a qualified professional.

Please note that the prices quoted on the website do not include any charges your bank or credit card providers may charge you for the transaction. In some cases, banks and credit card companies reserve the right to charge their account holders a transaction fee where the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. As a result, the charges listed on your credit or debit card statement may be a different figure than the figure shown on your booking confirmation. Please contact your bank before making a booking if you have any queries.

Hotelopia shall receive the total price on a timely basis and You hereby assume any cost or expenses that may arise from the payment.

5. PRICE CHANGE

In the event of an increase in your holiday price of more than 8% (calculated as above) and for external circumstance beyond Hotelopia (due to changes in the price of fuel or other, in taxes or fees imposed by a third-party not directly involved in the performance of services or in the exchanged rates), then: you may cancel your booking within 14 days of us sending the amendment invoice to you and receive a refund of all monies paid to us.

The price quoted on the last amendment invoice issued is guaranteed unless you change your holiday booking. Any increases in our costs which occur after the last amendment invoice has been sent will be borne by us except as otherwise indicated in this Terms.

The information provided by Hotelopia by any means, has been inserted in good faith but Hotelopia cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission that may exist in the information supplied by Hotelopia.

We will not be responsible for any change to the price that results from a change by an authority to its cost. We will also not be responsible if the change in price results from a human error, obvious errors, or wrong information given by those suppliers or authorities.

6. CHILDREN

Child prices and other conditions relating to children are agreed upon with each service provider and are not based on any one criterion. Therefore, given that each service provider applies its own special conditions and prices, we ask that you inquire about any additional terms with respect to children when making your booking (i.e. due to the limited stock of cots that the establishments may have available, please advise us at the time of booking if you require a cot. If an additional cost is applicable, this might be paid by you direct to the accommodation provider).

Hotelopia is not obliged to transport children under 14 years of age unless the child is accompanied by a parent or legal guardian who is at least 18 years old. In some destinations a fee may be applied for children under 2 years of age occupying a seat, whilst in other destinations they may travel free of charge if accompanied by a full paying passenger of least 16 years of age. A reservation is required for each child over 2 years of age.

Please note that infant car seats and/or children’s car booster seats are not provided for any transfer and must be taken as part of your baggage (at your own cost) and must be used for all children/infants unless they are over the age of 12 or over the height of 135cm.

7. THIRD PERSON

The majority of establishments consider the booking of a third person as a reservation for an extra bed in the two-person room. This extra bed is provided at an extra cost included in the final price.

8. TRANSFERS

The reservation of transfer services must be made with a minimum of 48 hours prior to departure time unless the service provider or destination requires a greater amount of time.

Hotelopia advises users to request the confirmation of a transfer service 24 hours prior to the time that the service is to be provided. Transfers are not guaranteed if a confirmation is not previously requested or whether it is not available.

Luggage must be clearly labelled with the names of the passengers and the destination address.

Each passenger is allowed to carry one suitcase and one unit of hand luggage. Any excess luggage must be declared during the booking process. Hotelopia reserves the right to apply a charge for excess baggage, which will depend on the charge apply by the supplier.

You must inform Hotelopia when objects such as sports equipment (golf clubs, skis, windsurf boards, etc.) or electric wheelchairs are carried, of which will be subject to a surcharge. Hotelopia may impose a surcharge on a discretionary basis in function of the service provider and destination requirements. This additional fee must be paid before departure. Otherwise, Hotelopia can refuse to transport bulk items. Both excess luggage as well as the transport of special items should be adequately reported in the "Comments to the transportation provider" option that can be accessed during the booking process or through email to Support.english@hotelopia.com.

It is understood that you will personally carry all your luggage and personal belongings, and that the luggage and personal belongings are transported under your own responsibility. Hotelopia recommends that you are present during the handling, loading and unloading of your luggage.

Hotelopia recommends you arrive to the departure point of the transport service with a minimum of 10 minutes before of the scheduled time of departure. If you arrive after the scheduled time of departure, Hotelopia is authorized to give the seat to another passenger, in which case you are deemed to have lost your transfer. Hotelopia is not responsible for late arrivals to the departure point of the transport service, and will not be obliged to delay the service, nor to provide an additional transfer service.

Transfers from the airport can be automatically delayed if the flight is delayed.

9. TICKET & EXCURSION SERVICE

Reservations for tickets must be made within the minimum notice period established by the supplier of the services purchased.

The voucher will include all the details necessary to find the location of the establishment that provides the service, or the meeting point where the excursion starts.

10. PAYMENT DETAILS

At the time of your booking, the full quoted amount will be deducted from your credit or debit card. Payment transactions on the Website are encrypted by a secure payment system endorsed by some of the world's leading banks and payment solutions companies.

This technically secure environment ensures that credit card details cannot be intercepted and are not revealed to anyone other than to financial institutions required to process payment instructions from the user.

Our payment system currently accepts the following payment methods:

• • Visa

• • Visa Electron

• • Master Card

• • Amex

• • Diners Club Card

• • PayPal (only verified accounts)

In case a signed authorization from the cardholder may be needed because there are any issue/doubts about the payment, Hotelopia will contact the client.

For any queries that you may have, please contact our Customer Services Centre.

11. MODIFICATIONS

11.1.    If you change your booking.

All modifications are subject to availability.

All urgent modifications (bookings within 72 hours prior to arrival) should be processed by telephone through our Customer Services Centre. For non-urgent modification (more than 72 hours before arrival), please contact our Customer Services Centre via email. Any request for changes must be made by the lead passenger.

Some changes may be treated by us as a cancellation of your existing reservation and a request to book a new reservation.

Please bear in mind that for certain parts of your booking, the applicable supplier may deem any change or modification as a cancellation subject to a cancellation fee (up to 100% of the cost of the original accommodation). In these cases, the applicable cancellation fee will be charged.

When changing your holiday details, the price of your news travel arrangements will be based on the current price that applies on the day you make the change. These prices may not be the same as when you first made your booking.

Transfers/tickets and excursions: No changes or alterations will be permitted less than 24 hours before the anticipated service time, unless the service provider requires a longer notice period. Hotelopia also reserves the right to not provide a service if the requested transfer differs greatly from the service originally booked.

11.2.    If we change your booking.

In case of major changes to your holiday, we will provide a suitable compensation (unless the change is due to a Force Majeure Event or if we notify you of the change more than 1 month before you planned departure date). Major changes may include for example a change in accommodation to that of a lower category or in a different area from the initial accommodation booked.

If we tell you about any of these major changes after we have confirmed your booking, you may either:

• • Accept the new arrangements offered by us that would include:

• • Accept a replacement booking from us of at least equivalent standard or superior quality, at the date of the change, if we are able to offer you one; or

• • Accept a replacement booking from us of at least equivalent standard or superior quality, at the date of the change, if we are able to offer you one;

• • Cancel your booking with us and receive a full refund of all monies paid

You must let us know your choice within 7 days of receiving our communication. In the event that you do not inform us we shall assume that you wish to cancel your booking and receive a full refund of all monies paid.

If you choose the new arrangements, the terms and conditions applicable to your booking will not change and these Terms still apply to your new booking. Exceptions may apply for example, payment date changes or changes to refundable or non-refundable bookings.

We will only provide one compensation for each booking.

12. CANCELLATIONS

12.1.    If you cancel your booking

If you need to cancel your booking, you must contact our Customer Service Centre. You may cancel your reservation at any time on the Website. During the booking process, you will be notified of the cancellation fees that apply to your reservation, as well as the period for them to be applicable. Please note that cancellation deadlines are based on the time and date of the destination where your hotel stay or alternative travel service is booked, and not on the time and date of the country where the reservation was made. Cancellation is not permitted through the Website on the day of arrival, and therefore any such cancellation should be done by contacting Hotelopia. Cancellation charges are dependent upon the policy of the hotel and can reach up to 100% of the total price.

If cancellation cannot be made via the Website, please call the toll-free number (+1) 347 640 5573 detailing the destination and reservation number. Hotelopia shall inform of all the charges, if any, which may be applicable. You shall be responsible for obtaining such confirmation and/or acknowledgment of the cancellation of the reservation.

You must cancel your booking through Hotelopia in all cases; you are not allowed to cancel your booking directly through the service provider.

Reservations made via Hotelopia may be cancelled by either party with no penalty whatsoever in the event of a Force Majeure Event.

Accommodation: If you decide to leave the accommodation before the reserved departure date, then you should address any claim for a refund of any unused nights to Hotelopia within twenty days following the effective date of departure, together with written confirmation from the accommodation provider of the time and date of your departure. The accommodation provider may charge the full amount of the original reservation depending on the conditions of each booking (i.e. non-refundable bookings).

Transfer: You will be allowed to cancel the (transfer) services contracted through Hotelopia. Cancellations must be made at least 24 hours in advance of the scheduled time for the (transfer) contracted service, unless the service provider or destination requires an earlier notice, in which case you will be informed prior to the booking confirmation.

In case of cancellations, you will be charged the cancellation fees of which you will be informed prior to the booking confirmation. Hotelopia will refund the total amount paid, minus the cancellation fee incurred with respect to the transfer provider service within 5-20 working days of the cancellation notification. You will not receive any kind of refund if the cancellation occurs with less than 24 hours until the scheduled transfer, or less than the notice required by the service provider.

12.2.    If we cancel your booking

If we cancel your holiday, you can either have a full refund or accept a replacement holiday from us of:

(i) At least equivalent standard or superior quality, if we are able to offer you one or;

(ii) A lower quality holiday, if we able to offer you one and recover from us the difference in price between the holiday originally purchased and the lower standard holiday.

 

Should you choose option (ii) above, the terms and conditions applicable to your holiday will not change and these Terms will apply to your new booking. We will only make one compensation payment for each booking.

13. FAILURE TO HONOUR BOOKING (NO-SHOW)

If you do not show up the arrival date/at the time stated on your booking voucher and a cancellation had not been previously made, you or any member of your party will not be entitled to any refund.

Your absence / failure to show up, without prior notice, will be treated as a cancellation made with less than 24 hours’ notice, as stated above. Therefore, we will not refund any amount for the absence in the above terms.

Hotelopia will inform you of the cancellation fee generated to pay, which can be up to 100% of the amount of the booking.

14. INSURANCE

You are strongly advised to take out adequate travel insurance prior to arriving in your destination. It is your responsibility to check you have adequate insurance cover. The insurance should cover, amongst other things, the cost of cancellation by you, personal losses, all medical costs and the costs of assistance including return to your country in the event of an accident or illness.

Insurance or any other products and services booked independently from Hotelopia that you may choose to book or pay for directly either with a third party before your holiday, or whilst you are on holiday/in resort do not form part of your holiday provided or arranged by is and therefore your contract will be directly with the provider (“Extras”). We are not responsible for the provision of Extras or anything that happens when Extras are being provided to you by the operator and/or supplier as the case may be.

15. COMPLAINTS RELATED TO THE TRAVEL SERVICE

If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally, if they are unable to resolve the problem immediately, you should contact us straight away on our Customer Centre Service (telephone number available in the “Contact” section of our website) and we will assist you.

If you are still not satisfied on your return home, you must write an email to complaints.english@hotelopia.com. Please include your holiday reference number on your email and include your daytime and evening telephone numbers.

Hotelopia is not held responsible for any damage or related matter to do with actions, omissions or negligence on the part of any provider or third party.

16. LIMITATION OF LIABILITY

Hotelopia purchases transportation, hotel accommodations and other services from various independent suppliers that are not subject to its control. Neither Hotelopia, its affiliates, owners, officers, agents, employees and contractors, nor any associate organization shall be held liable for any act, default, injury (including personal injury, emotional injury, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Hotelopia, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers, including but not limited to any delayed departure, missed connection, substitution of service or accommodations, terminations of service, or changes in fares and rates, and/or cancellation or double booking of reservations by the supplier. In addition, Hotelopia cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Hotelopia. In no event will Hotelopia be responsible for incidental, consequential or special damage or loss suffered by any person. Hotelopia’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Hotelopia for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, Hotelopia is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent Hotelopia shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. You further understand that Hotelopia neither owns nor operates such third-party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold Hotelopia responsible for their acts or omissions.

If you or any affected customer booking the service suffer injury, illness or death on your holiday you agree to assist us with our investigations in the following ways:

• • you should contact our Contact Services Centre (please see point 2) and the supplier involved, about your injury or illness while you are in the resort;

• • you should write to our customer support team at complaints.english@hotelopia.com as soon as possible after returning home from your holiday to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation;
• • you should include a medical report about your injury or illness from your doctor if you can;
• • you will transfer to us any rights you have against the supplier or any other person, so that we can claim back from suppliers any payments we make to you, plus any legal or other costs (if appropriate);

• • you should cooperate fully with us if we or our insurers want to enforce any rights transferred to us.

Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

You understand and acknowledge that your travel in connection with and participation in your trip may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, directors, employees, contractors, subcontractors, officers or agents of Hotelopia or of other trip participants, contractors and/or subcontractors to Hotelopia You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your trip.

17. FORCE MAJEURE

Without limitation, Hotelopia is not responsible for, and no refunds will be given for, delays or cancellation of all or part of your trip due to causes or circumstances beyond Hotelopia’s responsibility or control, including but not limited to act of God; perils of the sea, harbors, rivers, or other navigable waters; act of any governmental or ruling authority; epidemic; collision; stranding; fire; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond Hotelopia’s responsibility or control (a “Force Majeure Event”). For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon Hotelopia to operate the trip or otherwise fulfill its obligations under this Agreement.

18. RELEASE

In consideration of the services and arrangements provided by Hotelopia, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Hotelopia, and its owners, officers, directors, agents, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS OR AFFILIATES OF HOTELOPIA.

19. EXPRESS WAIVER OF CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES

Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against Hotelopia its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.

20. CONDUCT

We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behavior is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveler or our staff or agents at the point of departure or resort in any risk or danger, on the telephone, in writing or in person.

Hotelopia reserves the right (and delegates this right in the drivers and designated agents) to refuse to transport anyone who they believe is under the influence of alcohol or illegal substances and/or whose conduct is a threat to the driver, vehicle or other passengers. Under such circumstances, Hotelopia reserves the right to not provide a refund and to not provide an alternative transfer service.

Passengers are not allowed to consume alcohol in any of the means of transport. The only exception to this is in the case where it has been agreed in writing between Hotelopia and passengers who contract a limousine. In these cases, the consumption of a reasonable amount of alcohol is permitted. No smoking is allowed, unless the driver has given permission to do so.

You shall be liable for any damage caused in the course of irregular offensive behavior or vandalism.

Any accommodation we arrange must only be used by those people named on the final version of your booking confirmation. You are not allowed to share the accommodation or let anyone else stay there.

You are responsible for the cost of any damage caused to your accommodation or its content during you stay. These charges must be met by you and may have to be paid locally.

21. PROMOTIONS

21.1.    Discount Code

A discount code is the right to a discount for a specific period of time and under certain conditions established by Hotelopia.

How to use a Discount Code?

A discount code may only be used on a Hotelopia web page. A promotional discount code may be used on the Hotelopia website, upon request through the reservation process; the code will have to be entered when you make your booking.

A promotional code may be used once only and for one booking only. Discount codes are not to be used together with other promotions and may not be used for bookings made at a previous stage. Any balance remaining following the use of a promotional code, may not be transferred or drawn.

What happens if YOU cancel or change a Discounted Booking?

If you cancel or choose not to use a discounted booking, then you are not entitled to a refund of the Discount or any reinstatement of the Promotion.

If you change a discounted booking, then you will not be entitled to a refund of the Discount or reinstatement of the Promotion but if the booking is maintained and is changed only by adding product(s) then the value of the Discount is retained.

Can Hotelopia Cancel or Refuse to Redeem a Discount Code?

Hotelopia may at any time cancel, withdraw or refuse to redeem a discount code if Hotelopia reasonably believes that a code is being used unlawfully or illegally. You agree that you will have no claim against us in respect of any such cancellation or rejection.

Should Hotelopia not apply the use of a promotional code as part of a booking, for whatever reason, Hotelopia shall inform of the correct cost of the booking before charging the payment to give you the opportunity to confirm the booking and accept the terms.

Limitation of Liability

In the event that Hotelopia cancel, remove, do not apply or refuse the use of a promotion, in no case are Hotelopia liable for losses or damages, whether direct or indirect of any kind, including lost profits and the like.

The rest of the conditions stated above for discount codes also apply to promotions, when appropriate.

21.2     Promotion

A promotion is the right to a discount or special rate for the booking of a reservation at a hotel during a specified period of time (the period in which the promotion is valid), according to certain conditions. It may also be a reference to a promotional code or discount code.

In the event that Hotelopia cancel, remove, do not apply or refuse the use of a promotion, in no case are Hotelopia liable for losses or damages, whether direct or indirect of any kind, including lost profits and the like.

The rest of the conditions stated above for discount codes also apply to promotions, when appropriate.

22. WARNING. USA TRAVEL RESTRICTIONS TO CUBA

Citizens and residents of the United States travelling to Cuba are subject to the laws of the United States pertaining to the U.S. embargo of Cuba and require a license from the United States Government. No refunds will be made or liability incurred with respect to any travel arrangements made by citizens or residents of the United States without required licenses.

23. FRAUD OR UNLAWFUL ACTIVITY

Payments must be authorized by the cardholder named in the holiday booking. We withhold the right to cancel or block your holiday payment without prior notice if:

• • the transaction has an elevated risk of fraud measured by examining a range of pre-set data and based on our extensive knowledge and experience of fraud attempts;

• • the cardholder did not authorize the payment and claims that the holiday booking is fraudulent;

• • or we reasonably suspect that the cardholder or passenger is connected to other fraudulent activity.

If we block your card transaction as set out above, we may request that you remit payment with a different payment method or payment card.

If Hotelopia has reasonable grounds to suspect that the booking is actually fraudulent, it may cancel it automatically and send a notification email to the email address provided by the customer at the time of booking.

From time to time we are asked by banks and card issuers to investigate transactions which the cardholder believes to be fraudulent and for which you give your express consent to share your personal data. If in the course of such investigation we reasonably establish that a cardholder has claimed a transaction to be fraud in error, then the holiday booking will be subject to further internal checks. Any future bookings connected to such cardholder details may be denied until such time as any outstanding monies owed to us relating to the error are recovered.

24. PASSPORT, VISA AND IMMIGRATION/HEALTH REQUIREMENTS AND FOREIGN OFFICE ADVICE

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations such as to the countries to which you will be traveling may involve greater risk than others. We urge that you review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to participating in your trip. Information on conditions in the to the countries to which you will be traveling, and the level of risk associated with travel to those countries can be found at the “County Specific Information,” “Travel Warnings,” “Travel Alerts,” and “Background Note” pages on the United States Department of State’s website located at https://travel.state.gov/content/travel.html WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY COUNTRY IS ADVISABLE OR WITHOUT RISK AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE COUNTRIES WHICH ARE PART OF YOUR TRIP.

25. CONTACTING YOU

If you book via our Website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. In the event of disruptions or changes to your holiday we may contact you via email, phone or SMS.

26. DATA PROTECTION

We will use and process your data in accordance with our privacy policy which be found here Privacy Policy.

27. ASSIGNMENT OF RIGHTS

Hotelopia reserves its rights to assign in total or in part the obligation or rights of these Terms to any subsidiary, affiliate or holding company or any subsidiary of its holding company.

You are not allowed to assign to any third party any obligation or right of these Terms, or any other agreement that completes them, unless with the prior express written authorization of Hotelopia.

28. LEGISLATION AND COURTS OF JURISDICTION

These Terms, any and all disputes and claims that arise out of or relate to the application, breach, termination, enforcement, interpretation or validity of these Terms and any actions and legal proceedings whatsoever with respect thereto: (i) shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of Florida USA; and (ii) shall be resolved exclusively in the state or federal courts located in Orange County, Florida, USA. Each party irrevocably waives, to the fullest extent permitted by law, any objection that the party may now or hereafter have to the jurisdiction of the courts of such state and any claim that any such litigation brought in any such court has been brought in an inconvenient forum.

WAIVER OF JURY TRIAL

In connection with any action or legal proceeding arising out of these Terms, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.

CLASS ACTION WAIVER

These Terms provide for the exclusive resolution of disputes through individual legal action on your own behalf instead of through any class action. Even if the applicable law provides otherwise, you agree that any legal action against Hotelopia whatsoever shall be litigated by you, individually, and not as a member of any class or as part of a class action, and you expressly agree to waive any law entitling you to participate in a class action.

TIME LIMIT FOR CLAIMS

We are not liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your trip and any activities conducted in conjunction therewith, unless full details in writing are given to Hotelopia, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on Hotelopia within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods. If a written claim is not made and suit is not filed within the time frame set forth above, then you waive and release any right you may have to make any claim against us arising under, in connection with, or incident to the trip.

SEVERABILITY

If any provision of these Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

WAIVER

Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of these Terms shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.

SELLER OF TRAVEL

TravelStack is a Registered Seller of Travel in Hawaii #115501; Florida 3ST42782; Washington #604-713-928; and California Seller of Travel # 2031043. Registration as a seller of travel does not constitute approval by the State of California. TravelStack is not a participant in theCalifornia Travel Consumer Restitution Fund.

30. HOW TO CONTACT US

If you have any query, please contact our Customer Services Centre. In our “Contact us” section on the Website you will be able to find the corresponding email address and telephone number.

You can also contact Hotelopia by sending an email to Support.english@hotelopia.com. You can also use the contact form provided on the Website.

The telephone numbers are given on the Website and in your booking confirmation voucher. For emergencies we recommend you select the option for “Emergency number” when calling to the telephone number that appears in your booking confirmation voucher.

In case you want to raise a claim, you can do it by writing an email to complaints.english@hotelopia.com mentioning the booking reference in the email subject.